HomeMy WebLinkAboutZBOA Decisions 12/17/1996-5000 Watkins Way 135
Regular Meeting
Zoning Board of Adjustment
December 17, 1996
Minutes of the Regular Meeting of the Zoning Board of Adjustment of the City
of Friendswood which was held at City Hall on December 17, 1996 at 6:30 p.m.
with the following members present constituting a quorum:
Chairman Willam Hal Taylor
Regular Member Howard Yeager
Regular Member Gary Yokum
Regular Member David O'Brien
Regular Member Ann Talbot
Alternate Member Thomas Rives
Building Official Linda Taylor
B.O.A. Secretary Linda Thornton
Chairman Hal Taylor called the meeting to order at 6:30 p.m. .
Board members convened into a presumed Executive Session in accordance with
Section 551.071 - Consultation with City Attorney concerning administrative
review of request by Triplerock, Inc. , and Bulkhead Investment Partners,
Inc. . Following the meeting the Chairman Hal Taylor, was informed that two
members stated the City .Attorney said, this was not an executive session and
should not be taped. In a following discussion between the Chairman and the
City Attorney, the City Attorney denied making the statement.
Chairman Hal Taylor called the regular session to order at 7:00 p.m. .
A. Chairman Taylor recalled from the table proposed action regarding
Triplerock, Inc and Bulkhead Investment Partners, Inc's. , request at 5000
Watkins Way, 10.91 acres, more or less out of the Sarah McKissick Survey,
Section 1, Abstract No. 549 in Harris County, Texas, seeking administrative
review of enforcement by City Officials of the amendments to the Friendswood
City Code, Appendix C-Zoning (specially Ordinance #96-10, which restricts
buildings to two stories and Ordinance #96-14, which limits Density of MFR-H
property to 12 units per Acres) .
*Hal Taylor made a motion that following administrative review the subject
matter, Quail Crossing Building Permits that the builders be allowed to ,
continue with their plan of construction.
Seconded by Howard Yeager.
Motion Denied 1-4 with David O'Brien, Gary Yokum, Ann Talbot and Howard
Yeager opposing, Chairman Hal Taylor approving.
BOAMIN/LST03
1
136
B. Chairman Hal Taylor explained that Terry and Bruce Foley submitted a
letter withdrawing their request regarding a variance at 1210 Buttonwood,
Lot 32, Block 3, Section 3, Wilderness Trails Subdivision, Galveston County,
Texas, to allow side yard setback of 3' 6" required side yard is 5' per
Regulation Matrix 7.0.3. A. Friendswood City Code, Appendix C-Zoning) .
*Hal Taylor made a motion to approve the minutes from the November 19, 1996,
meeting.
Seconded by David O'Brien
Motion Approved Unanimously.
Motion was made and approved to adjourn at 7:40 P.M. .
i
s
William Hal Taylortf /O
Chairman 9 /
Attest:
'TAYida Thornton
Assistant City Secretary
and B.O.A. Secretary
BOAMIN/LST03
BUCKHEAD INVESTMENT PARTNERS
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20 September, 1996 C 44 aV ��
VIA MESSENGER
Ms. Linda A. Taylor,
Acting Building Official
CITY OF FRIENDSWOOD 22�324 �
910 S. Friendswood Dr.
Friendswood,TX 775464856
m gip 1996
Mr. Douglas K. Kneupper, P.E., 'py
Community Development Director �a4o —'
CITY OF FRIENDSWOOD SECpAR� '
910 S. Friendswood Dr. lam,
Friendswood, TX 775464856 E Q
Mr.Hal Taylor, Chairman, ;/
Zoning Board of Adjustment
CITY OF FRIENDSWOOD
910 S. Friendswood Dr.
Friendswood,TX 775464856
Re: Notice of appeal by Buckhead Investment Partners, Inc. (the "Applicant") and Triplerock, Inc.
(the "Owner") of disapproval of Building Permit Application for The Enclave at Quail
Crossing Apartments (the "Project"); Applicant and Owner are sometimes collectively
referred to as "we", "our"and "us", hereixlbelow.
Dear Ms. Taylor, Mr. Kneupper and Mr. Taylor:
In accordance with paragraph B, section 10, Appendix C of the Friendswood City Code, this letter
constitutes our notice of appeal to the board of adjustment of the City of Friendswood's disapproval of the
building permits for the Project on the basis of dwelling unit density and building height cited in Mr.
Kneupper's and Ms. Taylor's letters dated July 24, 1996 and September 11, 1996.
Please be advised that the Project site has been zoned Multifamily-High ("MFR-H") since its
annexation by the City of Friendswood in 1982, and ad valorem taxes based on the site being valued for
this use have been paid since that time.
2343 SUNSET BOULEVARD•HOUSTON,TEXAS•77005.(713)522-1800•FACSIMILE(713)522-1840
Mr. Douglas K. Kneupper, P.E.
t Ms. Linda A. Taylor
Mr.Hal Taylor
20 September, 1996
` Page Two
Whereas Mr. Kneupper's and Ms. Taylor's letter dated July 24, 1996 states, "the building plans
indicate a dwelling unit density of approximately eighteen (18) dwelling units per acre of land" and that,
"the City of Friendswood Zoning Ordinance provides for a maximum density of twelve (12) dwelling units
per acre of land in the multiple-family residential dwelling - highest density district (MFR-H)", section
7.Q.2, Regulation Matrix, Appendix C of The City of Friendswood Zoning Ordinance in effect on the date
on which the first permit application for the Project was filed, establishes a dwelling unit density of
eighteen(18)units per acre in a MFR-H district.
And whereas Mr. Kneupper's and Ms. Taylor's letter dated September 11, 1996 states, "City staff
has noted three (3) story buildings" which "measure between forty (40) and forty-two (42) feet in height,"
and that, "the City of Friendswood Zoning Ordinance allows buildings and structures up to a maximum
height of thirty-five (35) feet and allows a maximum of two (2) stories", section 7.Q.2, Regulation Matrix, '
Appendix C of The City of Friendswood Zoning Ordinance in effect on the date on which the first permit
application for the Project was filed, permits three (3) story structures and establishes a maximum building
height of thirty-five (35) feet in a MFR-H district. Further, section 7.Q.3(b) provides that "a building or
structure may exceed the maximum height established by the applicable district regulations if the building
or structure will fit under an imaginary line that is 63.5 degrees, with the horizontal, at the outer edge of the
yard."
And whereas, paragraph (a), section 481.143, subchapter I of the Government Code of the State of
Texas pertaining to State and Local Permits provides that, "the approval, disapproval, or conditional
approval of an application for a permit shall be considered by each regulatory agency solely on the basis of
any orders, regulations, ordinances, rules, expiration dates, or other duly adopted requirements in effect at
the time the original application for the permit is filed," and that, "if a series of permits is required for a
project, the orders, regulations, ordinances, rules, expiration dates, or other duly adopted requirements in
effect at the time the original application for the first permit in that series is filed shall be the sole basis for
consideration of all subsequent permits required for the completion of the project, and all permits required
for the project shall be considered to be a single series of permits." Further paragraph (a), section 481.143,
subchapter I of the Government Code of the State of Texas pertaining to State and Local Permits provides
that, "preliminary plans and related subdivision plats, site plans, and all other development permits for land
covered by such preliminary plans and subdivision plats are considered collectively to be one series of
permits."
And whereas, paragraph (c), section 481.143, subchapter I of the Government Code of the State of,
Texas pertaining to State and Local Permits further provides that, "this [section 481.143, including
paragraph (a) cited above] does not apply to...municipal zoning regulations that do not affect lot size, lot,
dimensions, lot coverage or building size".
We therefore file this appeal to the board of adjustment of the decision to disapprove the building
permits for the Project on the basis of dwelling unit density and building height on the following grounds:
Mr. Douglas K. Kneupper, P.E.
Ms. Linda A. Taylor
Mr. Hal Taylor
20 September, 1996
Page Three
1. The original application for the first permit required by the City of Friendswood for the Project
was for preliminary plat approval and was filed with the City of Friendswood ten (10) days prior to April
4, 1996 when it was approved by the Planning and Zoning Commission. As required by the City of
Friendswood, the preliminary plat clearly indicated three (3) story buildings which fit under the imaginary
63.5 degree plane and a dwelling unit density of eighteen units per acre in accordance with the Zoning
Ordinance of the City of Friendswood in effect at the time the application was filed.
2. A letter to us from the City of Friendswood dated April 10, 1996 states that "the site plan
submitted to the City of Friendswood [for the Project] complies with all codes and ordinances as they relate
to the site plan," and that, "no other approvals are needed for the site plan." The site plan cited in this
letter clearly indicated three (3) story buildings which fit under the imaginary 63.5 degree plane and a
dwelling unit density of eighteen units per acre in accordance with the Zoning Ordinance of the City of
Friendswood in effect at the time the application for preliminary plat approval was filed.
3. Pursuant to paragraph (a), section 481.143, subchapter I of the Government Code of the State
of Texas pertaining to State and Local Permits, cited above, our applications for preliminary plat approval,
final plat approval and building permits are considered a single series of permits and the approval or
disapproval of the building permits (as well as all other permits in the series required for the Project) must
be considered solely on the basis of the ordinances (including the Zoning Ordinance of the City of
Friendswood) in effect at the time the original application for the first permit in the series (i.e. our
application for preliminary plat approval) was filed with the City of Friendswood. As set forth above, the
Zoning Ordinance of the City of Friendswood in effect a! the time our application for preliminary plat
approval was made allows a dwelling unit density of eighteen (18) units per acre and three (3) story
buildings up to thirty-five (35)feet in height and higher if they fit under the imaginary 63.5 degree plane.
4. Paragraph (c), section 481.143, subchapter I of the Government Code of the State of Texas
pertaining to State and Local Permits, cited above, 'provides that paragraph (a) of the same section,
requiring that the building permits be approved or disapproved solely on the basis of the ordinances in
effect on the date on which the application for preliminary plat approval was made, does not apply to
municipal zoning regulations that do not affect lot coverage (i.e. density) or building size (i.e. height). This
language contains a double negative, meaning in other words, that paragraph (a), requiring that the building
permits be approved or disapproved solely on the basis of the ordinances in effect on the date on which the
application for preliminary plat approval was made, does apply to municipal zoning regulations that do
affect lot coverage (i.e. density) or building size(i.e. heig
Mr. Douglas K. Kneupper, P.E.
Ms. Linda A. Taylor
Mr. Hal Taylor
20 September, 1996
Page Four
We therefore request that the board of adjustment reverse the decision of the City of Friendswood
staff to disapprove the building permits for the Project on the basis of dwelling unit density and building
height as set forth in those certain letters signed by Mr. Kneupper and Ms. Taylor, first referenced above.
Very sincerely,
BUCKHEAD INVESTMENT PARTNERS, INC.,
General Partner of B ackhawk Apartments, Ltd.
Matt ew J. rgan
President
MJM/mp
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FRIENDSWOOD ZONING BOARD OF ADJUSTMENT
REQUEST FOR HEARING
NAME:B1ad�]aW}C A1ts,L'ID. PHONE: (713) 522-1800 ti � Q
c..f,
ADDRESS: 2343 aroet ffivd., Hoistm, 'Ix 77005 r Q a rn
ADDRESS OF SUBJECT PROPERTY.5 TAbtklns Way � C.�y�y�� Q�y co
Attached J co
LEGAL DESCRIPTION OF PROPERTY: �.
RECORDED SUBDIVISION PROPERTY IS IN: Hdrr1S CoLmty, It as
UNDER WHAT ORDINANCE (NUMBER AND SECTION) IS APPEAL BEING MADE?:
Sec. 10, Appex3ix C cf the City of Friaxls,, = ng ordinance
Tripleroc k, Inc.
PRINTED NAME OF OWNER:
arldmd InvestzTent Partners, Inc.
D I iA ED REPRESENTATIVE:
SI ATU 0 OWNER: DATE:
.....}}1..t.}w}A}.R}.}f..q...........}...............
i...f}.}}}•.
DATE & TIME RECEIVED:
SEEKING VARIANCE FOR: ADMINISTRATION OF CITY _OFFICIALS OF THE
AMENDMENTS TO FRIENDSWOOD CITY CODE, APPENDIX G--=NG
SPECIFICALLY #96-10 WHICH RESTRICTS BUILDINGS TOT 0 STORIES &
I96-14 WHICH LIMITS DENSITY OF MFR-H PROPERTY TO 12 UNITS PER ACRES) .
STAFF COMMENTS:
THE APPLICANTFDOES NOT SHOW THAT THE ENFORCEMENT OF THE
CODE RESULTS IN UNNECESSARY HARDSHIP AS REQUIRED.
c2d /a-1—�6
CITY APPROVAL: D E:
•....i.qw...YY...............................}..}q.R..R}....}.........
ACCEPTING APPLICATION ON 'BEHALF OF CITY!
O ,
E: DATE= FEE PAID:
-J ffl..Ye.......f....t...ti.............g11M}T}.}}}...}...................
DISPOSITION OF CASE: Deferred to.;_'11/19/96.
APPROVED:
CHAIRMAN:
/ DATE:
REFUSED: -!mod✓�� �c.� �'�/7
CHAIRMAN: T ATE;
REASON FOR REFUSAL:
SEP-23-1996 14:45 713 996 3260 74`e P.03
ORDINANCE NO. 96-14
copy
AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD
CITY CODE, SAID APPENDIX C BEING THE ZONING ORDINANCE OF
THE CITY, BY DELETING SUBSECTION D OF SECTION 2 THEREOF
AND SUBSTITUTING THEREFOR A NEW SUBSECTION D, BY ADDING A
NEW SENTENCE TO PARAGRAPH 2 OF SUBSECTION D OF SECTION 6
THEREOF, BY DELETING THE FIRST SENTENCE OF SUBSECTION D OF
SECTION 7 THEREOF AND SUBSTITUTING THEREFOR A NEW FIRST
SENTENCE OF SUBSECTION D, BY DELETING PARAGRAPH 3 OF
SUBSECTION B OF SECTION 7 AND SUBSTITUTING THEREFOR A NEW
PARAGRAPH 3, BY DELETING PARAGRAPH 3 OF SUBSECTION C OF
SECTION 7 AND SUBSTITUTING THEREFOR A NEW PARAGRAPH 3, BY
DELETING PARAGRAPH 3 OF SUBSECTION D OF SECTION 7 AND
SUBSTITUTING THEREFOR A NEW PARAGRAPH 3, AND BY DELETING
FROM THE PERMITTED USE TABLE CONTAINED IN SECTION 7
THEREOF THE LETTER "P" FOR "MULTIFAMILY DWELLING" UNDER
ZONING DISTRICTS MFR-L, MFR-M, AND MFR-H AND SUBSTITUTING
THEREFOR THE LETTER "S"; PROVIDING THAT THE MAXIMUM
DENSITY OF DWELLING UNITS IN DISTRICT MFR-H SHALL BE
TWELVE (12) UNITS PER ACRE; PROVIDING THAT MULTI-FAMILY
RESIDENTIAL DEVELOPMENTS LOCATED IN DISTRICT MFR-H THAT
ARE DAMAGED OR DESTROYED TO AN EXTENT OF MORE THAN
FIFTY PERCENT (50%) OF THEIR REPLACEMENT VALUE MAY BE
REBUILT AT THE SAME UNIT PER ACRE DENSITY THAT EXISTED
PRIOR TO SUCH DAMAGE OR DESTRUCTION; PROVIDING THAT ALL
MULTIFAMILY DWELLING DEVELOPMENTS OTHER THAN GHD-MFR
SHALL BE SUBJECT TO THE GRANT OF A SPECIFIC USE PERMIT;
PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2000 FOR
EACH DAY OF VIOLATION; AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE
OF TEXAS:
Section 1. The Code of Ordinances of the City of Friendswood, Texas, is hereby
amended by deleting from Appendix C thereof, said Appendix C being the Zoning Ordinance of
the City, all of Subsection D of Section 2 thereof, which provides as follows:
[D. R-5 MFR-H Multiple-Family Residential Dwelling
District- Highest 18.01
FWD\Z-DENS1TY.0RD
and substituting therefor a new Subsection D to provide as follows:
D. R=5 MFR-H Multiple-Family Residential Dwelling
District - Highest 12.0
Section 2. The Code of Ordinances of the City of Friendswood, Texas, is hereby
further amended by adding to paragraph 2 of Subsection D of Section 6 of said Appendix C the
following:
"....Notwithstanding the foregoing, existing multi-family dwelling
developments may be rebuilt in district MFR-H, in the event or any such.damage
or destruction, at the same unit per acre density that existed prior to such damage
or destruction."
Section 3. The Code of Ordinances of the City of Friendswood, Texas, is hereby
further amended by deleting from said Appendix C the first sentence of Subsection D of Section
7 thereof, which first sentence provides as follows:
[D. (R-5) MFR-H, residential, general purpose and description. The
MFR-H, multiple-family residential dwelling highest-density district, is a
residential district intended to provide for the highest residential density ranging
up to 18 dwelling units per acre.]
and substituting therefor a new first sentence to provide as follows:
D. (R-5) MFR-H, residential, general and description. The
MFR-H, multiple-family residential dwelling highest-density district, is a
residential district intended to provide for the highest residential densi. ranging
up to 12 dwelling units per acre.
Section 4. The Code of Ordinances of the City of Friendswood, Texas, is hereby
further amended by deleting from Subsection B of Section 7 of said Appendix C all of paragraph
3, which provides as follows:
[3. See section 9 for temporary certificate of zoning compliance that
may be granted by the administrative official and specific use permits that may be
recommended by the planning and zoning commission within MFR-L district
under certain circumstances and conditions.]
PMIZ-0ENUMORD\ 2
y and substituting therefor a new paragraph 3 to provide as follows:
3. All multi-family dwellingdevelopment evelopment in district MFR-L shall be
subject to the grant of a Specific Use Permit pursuant to Subsection G of Section 9
hereof.
Section 5. The Code of Ordinances of the City of Friendswood, Texas, is hereby
further amended by deleting from Subsection C of Section 7 of said Appendix C all of paragraph
3, which provides as follows:
[3, , _ See section 9 for temporary certificate of zoning compliance that
may be granted by the administrative official and specific use permits that may be
recommended by the planning and zoning commission within MFR-M district
under certain circumstances and conditions.]
and substituting therefor a new paragraph 3 to provide as follows:
3. All multi-family dwelling development in district MFR-M shall be
subject to the grant of a Specific Use Permit pursuant to Subsection G of Section 9
hereof.
Section 6. The Code of Ordinances of the City of Friendswood, Texas, is hereby
further amended by deleting from Subsection D of Section 7 of said Appendix C all of paragraph
3, which provides as follows:
[3. See section 9 for temporary certificate of zoning compliance that
may be granted by the administrative official and specific use permits that may be
recommended by the planning and zoning commission within MFR-H district
under certain circumstances and conditions.]
and substituting therefor a new paragraph 3 to provide as follows:
3. All multi-family dwellingdevelopment in district MFR-H shall be
subject to the grant of a Specific Use Permit pursuant to Subsection G of Section 9
hereof.
Section 7. The Code of Ordinances of the City of Friendswood, Texas, is hereby
further amended by striking from the Permitted Use Table contained in Section 7 of said
FMV-DENSfrY.ORD% 3 /
I
r
Appendix C the letter [P] for "Multifamily dwelling," under zoning districts "MFR-L," "MFR-
q
M," and "MFR-H," and substituting therefor the letter S.
Section 8. Any person who shall violate any provision of this Ordinance shall be
deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed
$2000. Each day of violation shall constitute a separate offense.
Section 9. In the event any 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 such part thus declared to be invalid or unconstitutional, whether there be one or
more parts.
PASSED AND APPROVED on first reading this 17th day of June , 1996.
PASSED AND APPROVED on second and final reading this 1st day of July ,
1996.
Evelyn . Newman(
Mayor
ATTEST:
J(1
c.
fr ,
Deloris McKenzie, TARC
City Secretary
FMIZ-DENSRY.ORM 4
a APPENDIX C=ZONING § 9
2. Permit required. A building permit or certificate of occupancy shall not be issued for
any use to be located in a zoning district which-permits that use only as a specific use
unless a specific use permit has first been issued in accordance with the provisions of
this section.
3. Application procedure. An application for a specific use permit shall be filed with the
planning and zoning commission.The application shall be accompanied by a site plan
which, along with the application, will become a part of the specific use permit, if
i
approved. The accompanying site plan shall provide the following information:
i
a. Data describing all processes and activities involved with.the proposed use;
b. Boundaries of the area covered by the site plan;
c. The location of each existing and proposed building and structure in the area
covered by the'site plan and the number of stories, height, roofline, gross floor
area and location of building entrances and exits;
d. The location of existing drainageways, and significant natural features;
e. Proposed landscaping and screening buffers; _
f. The location and dimensions of all curb cuts, public and private streets,parking
and loading areas,pedestrian walks,lighting facilities,and outside trash storage
facilities;
g. The location,height and type of each wall,fence, and all other types of screening;
h. The location, height and size of all proposed signs.
4. Public hearings. The notification and public hearing process for a specific use permit
or revocation thereof is set forth in section 15 of this ordinance.
5. Conditions for approval. A specific use permit shall be issued only if all of the follow-
ing conditions have been found:
a. That the specific use will be compatible with and not injurious to the use and
enjoyment of other property,nor significantly diminish or impair property values
within the immediate vicinity;
b. That the establishment of the specific use will not impede the normal and orderly,
development and improvement of surrounding vacant property;
c. That-adequate utilities, access roads; drainage'4 and other necessary supporting
facilities have been or will'be provided;
d. The design, location and arrangement of all driveways and parking spaces pro-
vides for the safe and convenient movement of vehicular and pedestrian traffic
without adversely affecting the general public or adjacent developments;
e. The adequate nuisance prevention measures have been or will be taken to pre-
vent or control offensive odor, fumes, dust, noise and-vibration;
f. That directional lighting will be provided so as not to disturb or*addersely affect
neighboring properties;
Supp. No. 1 CDC:51
§ 9 FRIENDSWOOD CODE v ,
g. That there are sufficient.landscaping and screening to insure harmony and com-
patibility with adjacent property; and
h. That the proposed use is in accordance with the comprehensive plan.
6. Additional conditions. In authorizing a specific use permit, the city council may im-
pose additional reasonable conditions necessary:to protect the public interest and
welfare.of the community.
7. 71me limit.A specific use permit issued under this section shall expire two years after
its date of issuance if construction or use authorized thereunder is not substantially
under way prior to the expiration of said two-year period; provided, however, if, prior
to the expiration of such two-year period,the owner of property to which a specific use
permit applies requests an extension thereof, the city council may approve such ex-
tension for not more than two additional years.
8. Revocation. A specific use permit may be revoked or modified, after notice and hear-
ing, for either of the following reasons:
a. The specific use permit was obtained or extended by fraud or deception; or
b. That one or more of the conditions imposed by the permit has not been met or has
been violated.
9. Amendments. The procedure for amendment of a specific use permit shall be the same
as for a new application,provided,however,that the city manager may approve minor
variations from the original permit which do not increase density, change traffic
patterns, or result in any increase in external impact on adjacent properties or neigh-
borhoods.
10. Processing fee. A processing fee as set forth in section 14 shall be required for the
processing of each specific use permit request.
(Ord. No. 93-13, § 1, 8-16-93)
Section 10. Board of adjustment—Establishment and procedure.
A board of adjustment is hereby established,which shall consist of five members and four
alternates to be appointed by the city council, each for a term of two years. Members and
alternates of the board of adjustment may be removed from office by the city council when
absent from two consecutive meetings without an excuse or for cause upon written charges and
after public hearing. Vacancies shall he filled by the city council for the unexpired term of the
member affected.
A. Proceedings of the board of adjustment. The board of adjustment shall adopt rules
necessary to the conduct of its affairs, elect a chairman and an acting chairman, and
[act] in keeping with the provisions of this ordinance. Meetings shall be held at the
Supp. No. 1 CDC:52
EMMU »A,►
A tract or parcel of land containing 10.91 acres, more or less
out of the Sarah McKissick Survey, Section 1, Abstract No. 549,
in Harris County, Texas, being more particularly described by
metes and bounds as follows:
COMMENCING at the most Northerly corner of the Sarah McKissick
Survey, Abstract No. 549, Harris County, Texas, and the Southwesterly
corner of the Thomas Choate Survey, Abstract No. 12, Harris .County,
Texas, said point also being the most Northerly corner ,of Reserve
"A" of Wedgewood Village, Section One;
THENCE Nor,th',45 deg. 31 min. 23 sec. East, along the Southeasterly
right-of-way line of Choate Road, a distance of 169.10 feet to a
1/2 inch diameter iron rod and a .point for corner on the Southeasterly
right-of-way line of Farm to Market Road 2351 , based on 120.00 feet
in width;
THENCE in a Northeasterly direction along the Southeasterly right-of-way
line of FM 2351, and also following along a curve tq the left, having
a radius of 1,970.08 feet, a central angle of 14 deg. 10 min, 37 sec. ,
and an arc length of 487.47 feet to a 1/2 diameter iron rod at,d a point
of tangency;
THENCE North 45 deg. 31 min. 23 sec. East along the Southeasterly right-
of-way line of FM 2351, a distnace of 667.20 feet to a 1/2 inch diameter
iron rod and a-point for corner;
THENCE South 44 deg. 46 min. 24 -sec. East a distance of 501.03 feet to a.
1/2 inch iron rod and a point for corner;
THENCE South 45. deg. 31 min. 23 sec. West, a distnce of. 661.75 feet to
a 1/2 inch iron rod and the POINT OF BEGINNING of this tract;
THENCE South 44 deg. 46 min. 24 sec. East, a distance of 728.31 feet
to a 1/2 inch iron rod and a point for corner;
THENCE South 45 deg. 28 min. 36 sec. West, a distnace of 650.75 feet to
a 1/2 inch iron rod and a point for corner;
THENCE North 45- deg. 02 min. 48 sec. West, a distnace of 728.85 feet to
a 1/2 inch iron rod and a point for corner;
THENCE- North 45 deg. 31 min. 23 sec. East, a distance of. 654.23 feet to j
a 1/2 inch iron rod and the POINT OF BEGINNING of this tract and
including 10.91 acres, more or less.
NOTE: The Company does not represent that the above acreage or square
footage calculations are correct.
§ 11 FRIENDSWOOD CODE.
Section 11. The board of adjustment—Powers and duties.
The board of adjustment shall have the following powers and duties:
rA:i Administrative review. To hear and decide appeals where it is alleged there is error in
any order,requirement,decision,or determination made by an administrative official
in the enforcement of this ordinance.The board shall apply the following standards in
deciding the appeal:
1. That there is a reasonable difference of interpretation as to the specific intent of
the zoning regulations or zoning map.
2. That the resulting interpretation will not grant a special privilege to one property
inconsistent with other properties or uses similarly situated.
3. The decision of the board must be.such. as will be in the best interest of the
community and consistent with the'spirit and interest of the city's zoning laws.
,� Variance: conditions governing applications:authority and limitations. To authorize
upon appeal in specific cases such variance from the terms of this ordinance as will
not be contrary to the public interest where, owing to special conditions, a literal
enforcement of the provisions of this ordinance would result in unnecessary hardship,
and so that the spirit of the ordinance shall be observed and substantial justice done.
In exercising such powers of variance, the board may, in conformity with the provi-
sions of this ordinance, reverse or affirm, wholly-or partly, or may modify the order,
requirement,decision,or determination appealed from and make such order,require-
ment,decision,or determination as ought to be made,and to that end the board shall
have all the powers of the officer from whom the appeal is taken.
In granting any variance, the board of adjustment may describe appropriate condi-
tions and safeguards in conformity with this ordinance.Violations of such conditions
and safeguards,when made a part of the terms under which the variance is granted,
shall be deemed a violation of this ordinance.
Under no circumstances shall the board of adjustment grant a variance to allow a use
not permissible under the terms of this ordinance in the district involved;or any use,
expressly or impliedly, prohibited by the terms of this ordinance in said district.
C. Special exceptions. Zb hear and decide special exceptions to the terms of this ordi-
nance upon which the board is required to pass under this ordinance.
D. Vote required:appeals;variances;special exceptions.The concurring vote of four mem-
-bers of the board.shall be.necessary to.reverse any order, requirements,.�decision, or
determination of an administrative official,or to effect any variation in the application
of this ordinance, or to decide in favor, of the applicapt on any matter or special
exception upon which.it is required to pass or decide under this ordinance.
(Ord. No. 90-18, § 2, 7-23-90)
Supp.No. 1 CDC:54
i
APPENDIX C—ZONING § 10
call of the chairman and at such other times as the board may determine. The chair-
man or, in his absence, the acting chairman, may administer oaths and compel the
attendance of witnesses.All meetings shall be open to the public.
The board of adjustment shall keep minutes of its proceedings, showing the vote of
each member upon each question, or if absent or failing.to vote indicating such fact,
and shall keep records of its examinations and all of which shall be immediately filed
in the office of the board and shall be public record.
B. Hearings, appeals, and notices. Appeals to the board of adjustment concerning inter-
pretation or administration of this ordinance may be taken by any person aggrieved
or by an officer,department,board, or bureau of the city affected by the decision of the
administrative official. Such appeals shall be taken within a reasonable time, not to
exceed 45 days, by filing with the officer from whom the appeal is taken and with the
board of adjustment a notice of appeal specifying the grounds thereof.The officer from
whom the appeal is taken shall forthwith transmit to the board all the papers con-
stituting the record upon which the action appealed from was taken.
C. Notification and hearing process. Any request for an appeal, variance or special ex-
ception shall require a public hearing before the board.A written notice of the hearing
shall be sent to owners of property situated within 200 feet of the exterior boundary
of the property with respect to which such appeal,variance or exception is requested
ten days prior to public hearing. It'shall be sufficient that such written notice is
addressed-to the owner appearing on the most current tax roll of the city and ad-
dressed to such owner at the address stated on said roll. If no owner is stated on the
tax roll, or no address appears thereon, the written notice to such property owner
shall not be required. The city council'and planning and zoning commission shall be
informed of any hearing for an appeal, variance or special exception of the zoning or
sign ordinance.A processing fee as described in section 1C [14] shall be paid to the city
in advance of the hearing. In the event the application is withdrawn prior to the
mailing of the required written notification or publication in the official newspaper,
the fee shall be refunded.
D. Stay of proceedings. An appeal stays all proceedings in furtherance of the action
appealed from,unless the officer [from] whom the appeal is taken certifies to the board
of adjustment after the notice of appeal shall have been filed with him that,by reason
of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to
life or property. In such case proceedings shall not be stayed other than by a restrain-
ing order which may be granted by the board of adjustment or by a court of record on
application, on notice to the officer from whom the appeal is taken and on due cause
shown.
Supp.No. 1 CDC:53
1
§ 11 FRIENDSWOOD CODE
Section 11. The board of adjustment—Powers and duties.
The board of adjustment shall have the following powers and duties:
A. Administrative review. To hear and decide appeals where it is alleged there is error in
any order,requirement, decision, or determination made by an administrative official
in the enforcement of this ordinance.The board shall apply the following standards in
deciding the appeal:
1. That there is a reasonable difference of interpretation as to the specific intent of
the zoning regulations or zoning map.
2. That the resulting interpretation will not grant a special privilege to one property
inconsistent with other properties or uses similarly situated.
3. The decision of the board must be such as will be in the best interest of the
community and consistent with the spirit and interest of the city's zoning laws.
B. Variance: conditions governing applications: authority and limitations. To authorize
upon appeal in specific cases such variance from the terms of this ordinance as will
not be contrary to the public interest where, owing to special conditions, a literal
enforcement of the provisions of this ordinance would result in unnecessary hardship,
and so that the spirit of the ordinance shall be observed and substantial justice done.
In exercising such powers of variance, the board may, in conformity with'the provi-
sions of this ordinance, reverse or affirm, wholly-or partly, or may modify the order,
requirement, decision,or determination appealed from and make such order,require-
ment, decision,or determinatiori as ought to be made, and to that end the board shall
have all the powers of the officer from whom the.appeal is taken.
In granting any variance, the board of adjustment may describe appropriate condi-
tions and safeguards in conformity with this ordinance. Violations of such conditions
and safeguards,when made a part of the terms under which the variance is granted,
shall be deemed a violation of this ordinance.
Under no"circumstances shall the board of adjustment grant a variance to allow a use
not permissible under the terms of this ordinance in the district involved,or any use,
expressly or impliedly, prohibited by the terms of this ordinance in said district.
C. Special exceptions. To hear and decide special exceptions to the terms of this ordi-
nance'upon which the board is required to pass under this ordinance.
D. _ Vote required:appeals,variances,special exceptions. The concurring vote of four mem-
bers of the board.shall be.necessary to.reverse any order, requirements,-decision, or
determination of an administrative official,or to effect any variation in the application
of this ordinance, or to decide in favor of the applicant on any matter or special
exception upon which.it is required to pass or decide under this ordinance.
(Ord. No. 90-18, § 2, 7-23-90)
Supp. No. 1 CDC:54
APPENDIX C—ZONING § 15
Section 12. Appeals from the board of adjustment.
A- Any person or persons,jointly or severally, aggrieved by any decision of the board of
adjustment, or any taxpayer, or officer, department, board, or bureau of the city may seek
review by a court of record of such decision in the manner provided by the laws of the State of
Texas, particularly V.T.C.A., Local Government Code §§ 211.008 through 211.011.
B. Reapplication. No application for a variance, special exception, or appeal which has
been denied shall be again filed earlier than one year from date of original denial, unless there
has been a material change. For the purposes of this section, material change shall mean a
substantial change in conditions or circumstances as it relates to the property in question.
Section 13. Duties of administrative official, board of adjustment, city council, and
courts on matters of appeal.
It is the intent of this ordinance that all questions of interpretation and enforcement shall
be first presented to the administrative official, and that such questions shall be presented to
the board of adjustment only on appeal from the decision of the administrative official, and
that recourse from the decisions of the board of adjustment shall be to the courts in the manner
provided by law, particularly V.T.C.A., Local Government Code §§ 211.008 through 211.011.
It is further the intent of this ordinance that the duties of the city council in connection
with this ordinance shall not include hearing and deciding questions of interpretation and
enforcement that may arise. The procedure for deciding such questions shall be as stated in
this section and this ordinance.Under this ordinance the city council shall have only the duties
of considering and adopting or rejecting proposed amendments or the repeal of this ordinance,
as provided by law, and of establishing a schedule of fees and charges as stated in section 14
hereof.
Section 14. Schedule of fees, charges, and expenses.
i
The city council shall establish a schedule of fees, charges, and expenses and a collection
procedure for building permits,certificates of zoning compliance,specific use permits, changes
in district classification,appeals,and other matters pertaining to this ordinance.The schedule
of fees shall be maintained in the office of the city secretary and in the office of the adminis-
trative official, and may be altered or amended only by the city council.
Until all applicable fees, charges, and expenses have been paid in full, no action shall be
taken on any application or appeal.
Section 15. Amendments.
A_ Authority. The city council may from time to time amend, supplement, or change by
ordinance the boundaries of the district or the regulations herein established.
Supp. No. 1 CDC:55
§ 15 FRIENDSWOOD CODE
B. Submission to planning and zoning commission. Before taking action on any proposed
amendment, supplement, or change the city council shall submit the proposed revision to the
planning and zoning commission for its recommendation and report. The planning and zoning
commission shall make its final report within 60 days.
C. Public hearings. Prior to adopting any ordinance amending, supplementing, or chang-
ing the boundaries of any district or any regulation herein established, the city council and the
planning and zoning commission shall jointly hold a public hearing at which any person
desiring to be heard regarding such matter shall be given an opportunity to do so. The final
report by the planning and zoning commission, as required in subsection B. of this section 15,
shall not be acted upon by such commission until the conclusion of such joint public hearing.
D. Notice of joint hearings. Notice of any joint public hearing held pursuant to subsection
C. of this section 15 shall be given, in writing, to each owner of real property, as indicated by
the most recently approved city tax roll, which lies within 200 feet of any property on which
a change in classification is proposed,such notice to be given not less than ten days prior to the
date on which such hearing is to be held. Notice of such joint public hearing shall also be
published in the official newspaper of the city,or a newspaper having general circulation in the
city, at least 15 days prior to the date on which such hearing is to be held. In addition, notice
shall be.given by causing a sign to be erected on the property which would be affected by the
proposed change stating the time and place of the hearing. Such sign shall be erected not less
than ten days prior to the date on which such hearing is to be held.
E. Vote required in the event of nonapproval or protest. Unless such proposed amendment,
supplement, or change has been approved by the planning and zoning commission or in case
of a protest signed by the owners of 20 percent or more either of the area of the lots included
in such proposed change, or those immediately adjacent to the rear thereof extending 200 feet
therefrom, [or] all of those directly opposite thereto extending 200 feet from the street frontage
of such opposite lots, such amendment shall not become effective except by the favorable vote
of five members of the city council.
(Ord. No. 90-2, § 1, 2-5-90)
Section 16. Provisions of ordinance declared to be minimum requirements.
In their interpretation and application, the provisions of this ordinance shall be held to be
minimum requirements, adopted for the protection of public health, safety, morals, or general
welfare. Whenever the requirements of this ordinance are at variance with the requirements
of any other lawfully adopted rules, regulations, ordinances, restrictions, or covenants, the
most restrictive or that which imposes the higher standards shall govern.
Section 17. Complaints regarding violations.
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person
may file a written complaint;such complaint stating fully the causes and basis thereof shall be
Supp. No. 1 CDC:56
a
DS Mayor
Q O� EVELYN NEWMAN
City of Friendswood Councilmembers
KITTEN HAJECATE
910 South Friendswood Drive JERRY ERICSSON
Friendswood, MEL AUSTIN Texas 77546-4856 TOM AUSTIANIS N
(713) 996-3270 ALINE DICKEY
TEXAS Fax: (713) 482-1634 JANIS LOWE
City Manager
RONALD E.COX
City Secretary
DELORIS McKENZIE,T.R.M.C.
December 20, 1996
David V. Strauss
4515 Southwest Freeway, Suite 730
Houston, Texas 77027
Ref: Zoning Board of Adjustment meeting 12/17/96.
Dear Mr. Strauss:
Attached is a copy of the Zoning Board of Adjustment Committee list
as you requested in Your faxed letter dated December 19, 1996.
The minutes you requested are not complete at this time and have not
been approved by the Board.
If you would like a copy of the tape from this meeting, please call
and let us Know. The cost of the tape would be $3.00.
Sincerely,
L•in a Thornton
Board of Adjustment Secretary
Attachment:
�? #auoyd N auoyd
-3dearoo
o, of
LTR/LST03 �s jo q a (atep LL9L 810N Xe�al!-Isoc
ZONING BOARD OF ADJUSTMENT
ORDINANCE 132, 4-13-70
REGULAR MEMBERS: ADDRESS TERMS
1. Hal Taylor 42 Emerald Circle 1/96-1/98
Chairman (h) 482-1023
2. Howard Yeager 57 Hideaway 1/95-1/97
(h) 482-3635
3. Gary Yokum 349 St. Cloud 1/96-1/98
(h) 992-9647
4. David O'Brien, III 103 Garden Road 1/95-1/97
(h) 482-0527
5. Ann Talbot 507 Clearview 1/96-1/98
(h) 482-8273
ALTERNATE MEMBERS:
1. Larry Taylor 209 W. Heritage 1/95-1/97
(h) 482-3122
2. Kathy Horner 502 Regency Ct. 1/96-1/98
(h) 992-3386
3. Patricia Rosendahl 903 Remington Court 1/95-1/97
(h) 996-9472
4. Thomas Rives 301 W. Edgewood, Ste#10B 1/96-1/98
(h) 482-3679
*This Board also serves as Fire & Life Safety Code Board of Adjustments
and Appeals. City Council approved 8/11/89. FEMA Appeals Board;
Ordinance 87/10. City Council approved 6/6/88
Appointed January of each year for two year terms.
Meets 4th Tuesday of each month as needed.
Revised 11/15/96
BOA.COM/LST03
�0��� 234Ss1 ;AS -OF 9/2/97 THE TkfPLEROCK, INC: -
CC: M & CC & BUCKHEAD INVESTMENT -PARTNERS, INC_:.
Sip 1997 'SETTLEMENT AGREEMENT HAS BEEN--EXECUTE]
"' CAUSE NO. 97-CV-0045
of FFt1EN0S140mr
OCK, INC. AND BUCKHEAD § IN THE DISTRICT COURT OF
Mk
MENT PARTNERS, INC., § 044
Plaintiffs, § '
V. § GALVESTON COUNTY, TEXAS
CITY OF FRIENDSWOOD,TEXAS, §
Defendants § 56TII JUDICIAL DISTRICT
SETTLEMENT AGREEMENT AND ,
RELEASE OF ALL CLAIMS
THIS SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS (the -
"Agreement") is made and entered into by and between the City of Friendswood, Texas
("Friendswood"), Triplerock, Inc.,Buckhead Investment Partners, Inc. (individually"Triplerock"
and `Buckhead"), Radnor Immobiliere Associates, Ltd. and 5.22 Ltd. (with Triplerock and
Buckhead,collectively,"Developers"), all collectively referred to as the"Parties."
WHEREAS, Triplerock is the owner of an 10.9167 acre tract of land in the Thomas
Choate League Survey A-12, Friendswood, Harris County, Texas (hereinafter referred to as the
"Property"), and which tract is located within the municipal boundaries of Friendswood and on
which Triplerock and Buckhead seek to construct and develop a multifamily housing
development known as "Quail Crossing"; and
WHEREAS, Buckhead has entered into an agreement with Triplerock to build a 196-unit
apartment complex on the Property(hereinafter referred to as the"Plan"); and
WHEREAS, Triplerock and Buckhead, during the period from approximately June 1995 Aft
through July 1996, had several meetings with Friendswood staff, and applied for various
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
TRIPLEROCK,ET AL.V.CITY OF FRIENDSWOOD-PAGE I
NOTICE OF MEETING
I
State of Texas M -
City of Friendswood ) (
Counties of Galveston/Harris ) (
Notice is hereby given that a Regular Meeting of the Friendswood Zoning
Board of Adjustment will be held on the 17th day of December 1996, at 6:30
p.m. at the:
City Council Chambers
Friendswood City Hall
910 S. Friendswood Drive
Friendswood, Texas
at which time the items of business listed below will be considered:
AGENDA:
6:3.0 P.M.
1. Call to Order
2. EXECUTIVE SESSION
Zoning Board of" Adjustment will convene into Executive Session in
accordance with Section 551.071, Texas Government Code (consultation
with attorney concerning pending or contemplated litigation) .
7:00 P.M
3. HEARINGS: The Board will conduct hearings regarding the following:
A. Request- by Triplerock, Inc. and Bulkhead Investment Partners, Inc.
for administrative review of zoning officials determination that
certain amendments to the Friendswood City Code, Appendix C-Zoning'
(Ordinance #96-10, which restricts" buildings to two-story, and
Ordinance #96-14, which limits density of MFR-H property to twelve
units per Acre) apply to the proposed Blackhawk Apartments, LTD_.-
development.
Consideration and possible action regarding adoption of order relating to
request described in Agenda Item #A.
BOA.NTC/LST03
B. Request by Bruce and Terry Foley for variance at 1210 Buttonwood,
Lot 32, Block 3, Section 3, Wilderness Trails Subdivision, Galveston
County, Texas, to allow side yard setback of 3' 6" (required side
yard is 5' per Regulation Matrix 7.0.3.A, Friendswood City Code,
Appendix C-Zoning) .
Consideration and possible action regarding adoption of order relating to
request described in Agenda Item #B.
4. Consideration and possible action regarding approval of the minutes from
the November 19, 1996 meeting.
5. Discussion regarding-policy and procedure on previous variances approved
and/or variances denied.
6. Adjournment:
Linda Thornton,
Assistant City Secretary/
B.O.A. Secretary
This facility is wheelchair accessible and accessible parking spaces are
available. Requests for accommodations or interpretive services must be
made 48 hours prior to this meeting. Please contact the City Secretary's
Office at (281) 996-3270 for further information.
I certify that the above Notice of Meeting of the Friendswood Zoning Board
of Adjustment was posted in a place convenient to the general public in
compliance with Chapter 551, Texas Government Code, on the llth day of
December 1996, at 5:00 p.m. .
Deloris McKenzi , T C
City Secretary
Friendswood, Texas
BOA.NTC/LST03
i
131
S
5
!C
Regular Meeting
Zoning Board of Adjustment
November 19, 1996
Minutes of the Regular Meeting of the Zoning Board of Adjustment of the City
of Friendswood which was held at City Hall on November 19, 1996 at 7:00 p.m.
with the following members present constituting a quorum:
Chairman Willam Hal Taylor
Regular Member Howard Yeager
Regular Member Gary Yokum
Regular Member David O'Brien
Alternate Member Thomas Rives
Alternate Member Larry Taylor
Alternate Member Patricia Rosendahl
Building Official Linda Taylor
B.O.A. Secretary Linda Thornton
Chairman Hal Taylor called the meeting to order at 7:00 p.m. .
Chairman Taylor appointed Larry Taylor as a voting member for this meeting.
A. Chairman Taylor recalled from the table proposed action regarding
Triplerock, Inc and Bulkhead Investment Partners, Inc's. , request at 5000
Watkins Way, 10.91 acres, more or less out of the Sarah McKissick Survey,
Section 1, Abstract No. 549 in Harris County, Texas, seeking administrative
review of enforcement by City Officials of the amendments to the Friendswood
City Code, Appendix C-Zoning (specially Ordinance #96-10, which restricts
buildings to two stories and Ordinance #9.6-14, which limits Density of MFR-H
property to 12 units per Acres) . ' .
*Howard Yeager made a motion to 'table the action on this issue until the
December 17, 1996 meeting.
Seconded by Larry Taylor
Motion Approved to table 3-2 with Hal Taylor and Gary Yokum opposing.
B. Chairman Taylor called the hearing to order to receive public input
regarding Friendswood Friends Church's request for a variance at 502 S.
Friendswood Dr. , Lot 1, Lot 7 and NE 230 feet of Lot 6, Lot 8 and NE part
of Lot 4, NE part of Lot 2, block 12, Galveston County, Texas, to allow the
height of a proposed new sanctuary to be 49 feet in height (required maximum
height is 35 feet per Regulation Matrix 7.0.3. , Friendswood City Code,
Appendix C-Zoning) .
BOAMIN/LST03
132
r
i
Discussion followed with Joycina Baker representing the Friendswood Friends
Church explaining the church's request for a variance. The hardship is that
the Church is a historical building.
Marge George spoke for the variance.
Hearing no further input the public hearing was closed.
*Larry Taylor made a motion to approve the request for a variance.
Seconded by Howard Yeager
Motion Approved 4-1 with David O'Brien Opposing.
C. Chairman Taylor called the hearing to order to receive public input
regarding James Spuhler's request for a variance at 2211 San Miguel, Lot 25,
Block 2, San Joaquin Estates Subdivision, Galveston County, Texas, to allow
proposed structure to have a height of 45 feet, (required maximum height is
35 feet per Regulation Matrix 7 .0.3. , Friendswood City Code, Appendix
C-Zoning) .
Discussion followed with James Spuhler explaining his request and stated he
had received a city permit for slab with the same elavation before the
final reading of the amended ordinance.
Hearing no further input the hearing was closed.
*Hal Taylor made a motion to approve the variance.
Seconded by Howard Yeager.
Motion Approved Unanimously-
D. Chairman Hal Taylor called the hearing to order to receive public input
regarding Bruce and Terri Foley's request for a variance at 1210 Buttonwood,
Lot 32, Block 3, Section 3, Wilderness Trails Subdivision, Galveston
County, Texas, to allow side yard setback of 3' 6" required side yard is 5'
per Regulation Matrix 7.0.3.A, Friendswood City Code, Appendix C-Zoning) .
Discussion followed with Terri Foley explaining her request for a variance.
Hearing no further input the hearing was closed.
Terri Foley asked to reschedule action on her request until the December 17,
1996 meeting, this request was approved.
BOAMIN/LST03
133
9
d
E. Chairman Hal Taylor called the hearing to order to receive public input
regarding Sunghing Lung, Great Sense Investments request for interpretation
by city staff of Permitted Use Table (Use #5813) , drinking places not
allowed in Neighborhood Community Districts) and Section 6.E.4. ,
Friendswood City Code, Appendix C, Section 10.B, and 11.A.
Discussion followed with Kam Lung explaining request for the interpretation
by city staff.
Forest Bend Homeowners Association submitted a letter dated November 19,
1996 with names attached opposing this request.
Marge George, spoke against.
Slade Lewis, spoke against.
Tom Busker, spoke against.
Ben Muellen, spoke against.
Mark McCastin, spoke against.
Joy Cooper, 4032 Laura Leigh, submitted a letter dated November 13, 1996
opposing this request.
Lois W. Morgan, 4036 Laura Leigh Lane, submitted a letter dated November 10,
1996, opposing this request.
Hearing no further input the public hearing was closed.
*Howard Yeager made a motion to deny.
Seconded by Larry Taylor.
Motion Approved Unanimously.
*Gary Yokum made a motion to approve the minutes from the October 22, 1996,
meeting.
Seconded by David O'Brien
Motion Approved Unanimously.
Motion was made and approved to adjourn at 8:40 P.M. .
I `
William Hal Taylor '
Chairman
Attest:
Lin a Thornton
Assistant City Secretary
and B.O.A. Secretary
BOAMIN/LST03
Regular Meeting
Zoning Board of Adjustment
December 17, 1996
Minutes of the Regular Meeting of the Zoning Board of Adjustment of the City
of Friendswood which was held at City Hall on December 17, 1996 at 6:30 p.m.
with the following members present constituting a quorum:
Chairman Willam Hal Taylor
Regular Member Howard Yeager
Regular Member Gary Yokum
Regular Member David O'Brien
Regular Member Ann Talbot
Alternate Member Thomas Rives
Building Official Linda Taylor
B.O.A. Secretary Linda Thornton
Chairman Hal Taylor called the meeting to order at 6:30 p.m. .
Board members convened into a presumed Executive Session in accordance with
Section 551.071 - Consultation with City Attorney concerning administrative
review of request by Triplerock, Inc. , and Bulkhead Investment Partners,
Inc. . Following the meeting the Chairman Hal Taylor, was informed that two
members stated the City Attorney said, this was not an executive session and
should not be taped. In a following discussion between the Chairman and the
City Attorney, the City Attorney denied making the statement.
Chairman Hal Taylor called the regular session to order at 7:00 p.m. .
A. Chairman Taylor recalled from the table proposed action regarding
Triplerock, Inc and Bulkhead Investment Partners, Inc's. , request at 5000
Watkins Way, 10.91 acres, more or less out of the Sarah McKissick Survey,
Section 1, Abstract No. 549 in Harris County, Texas, seeking administrative
review of enforcement by City Officials of the amendments to the Friendswood
City Code, Appendix C-Zoning (specially Ordinance #96-10, which restricts
buildings to two stories and Ordinance #96-14, which limits Density of MFR-H
property to 12 units per Acres) . j
*Hal Taylor made a motion that following administrative review the subject
matter, Quail Crossing Building Permits that the builders be allowed to
continue with their plan of construction.
Seconded by Howard Yeager.
Motion Denied 1-4 with David O'Brien, Gary Yokum, Ann Talbot and Howard
Yeager opposing, Chairman Hal Taylor approving.
BOAMIN/LST03
a '
B. Chairman Hal Taylor explained that Terry and Bruce Foley submitted a i
letter withdrawing their request regarding a variance at 1210 Buttonwood,
Lot 32, Block 3, Section 3, Wilderness Trails Subdivision, Galveston County,
Texas, to allow side yard setback of 3' 6" required side yard is 5' per
Regulation Matrix 7.0.3. A, Friendswood City Code, Appendix C-Zoning) .
*Hal Taylor made a motion to approve the minutes from the November 19, 1996,
meeting.
Seconded by David O'Brien
Motion Approved Unanimously.
I
Motion was made and approved to adjourn at 7:40 P.M. .
!
William Hal Taylor t ' /O
Chairman �/ /
Attest:
44a: Thornton
Assistant City Secretary
and B.O.A. Secretary
i
BOAMIN/LST03
a
0 O O Mayor
EVELYN NEWMAN
City of Friendswood Counciimembers
KnIMN HAJECATE
910 South Friendswood Drive JERRY ERICSSON
Friendswood, Texas 77546-4856 TOM HE MANISNN
(713) 996-3270 ALINE DICKEY
mpg Fax: (713) 482-1634 JANIS LOWE'
City Manager .
RONALD E.COX
City Secretary
DELORIS McKENZIE,T.R.M.C.
DATE: 4/10/97 '
FAX TRANSMITTAL l
FROM THE OFFICE of DELORIS MCKENZIE
Please deliver the following pages to: 3
JOHN HIGHTOWER
OLSON & OLSON
Transmitted front: LINDA THORNTON
If you do not receive all of the pages, call:
office: (261 ) 996-3270
Fax: (281) 462-1634
MESSAGE:
EXECUTED COPY OF B.O.A. MINUTES FOR 12/17/97 MEETING.
MESSAGE CONFIRMATION
i
'<+ 04/10/97 14:59
ID=TCI
N0. �10DE BOX GROUP
583 TX
E
E/TIME TIME DISTANT STATION ID PAGES RESULT ERROR PAGES S.CODE
10 14:58 00'49" 713 759 0342 003/003 OK 0000
NDS�y Mayor
EVELYN NEWMAN
City of Friendswood Councilmembers
KITTEN HAJECATE
910 South Friendswood Drive JERRY ERICSSON
TOM MANISON
Friendswood, Texas 77546-4856 G MEL AUSTIN
(713) 996-3270 ,r ?l'P ALINE DICKEY
TEXAS Fax: (713) 482-1634 J LOWE
City Manager ,
RONALD E.COX
City Secretary
DELORIS McKENZIE,T.R.M.C.
December 20, 1996
David V. Strauss
4515 Southwest rreeway, Suite 730
Houston, Texas 77027
Ref: Zoning Board of Adjustment meeting 12/17/96.
Dear Mr. Strauss:
Attached is a copy of the Zoning Board of Adjustment Committee list
as you requested in Your faxed letter dated December 19, 1996.
The minutes you requested are not complete at this time and have not
been approved by the Board.
If you would like a copy of the tape from this meeting, please call
and let us know. The cost of the tape would be $3.00.
Sincerely,
Lin a Thornton
Board of Adjustment Secretary
Attachment:
i
#auoyd #auoy,
o�d o
LTR/LST03 �s jo# a (atea 4L9L GION xeJ J!-;so
ZONING BOARD OF ADJUSTMENT
ORDINANCE 132, 4-13-70
REGULAR MEMBERS: ADDRESS TERMS
1. Hal Taylor 42 Emerald Circle . 1/96-1/98
Chairman (h) 482-1023
2. Howard Yeager 57 Hideaway 1/95-1/97
(h) 482-3635
3. Gary Yokum 349 St. Cloud 1/96-1/98
(h) 992-9647
4. David O'Brien, III 103 Garden Road 1/95-1/97
(h) 482-0527
5. Ann Talbot 507 Clearview 1/96-1/98
(h) 482-6273
ALTERNATE MEMBERS:
1. Larry Taylor 209 W. Heritage 1/95-1/97
(h) 482-3122
2. Kathy Horner 502 Regency Ct. 1/96-1/98
(h) 992-,3386
3. Patricia Rosendahl 903 Remington Court 1/95-1/97
(h) 996-9472
4. Thomas Rives 301 W. Edgewood, Ste#10B 1/96-1/98
(h) 482-3679
*This Board also serves as Fire & Life Safety Code Board of Adjustments
and Appeals. City Council approved 8/11/89. FEMA Appeals Board;
Ordinance 87/10. City Council approved 6/6/88
Appointed January of each year for two year terms.
Meets 4th Tuesday of each month as needed.
Revised 11/15/96
BOA.COM/LST03
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To: Ms.Deloris McKenzie, TRMC- Date: December 19, 1996
City Secretary-City of
Friendswood i
Fax#: 713-482-1634 Pages: 1, including this cover sheet.
i
From; David V. Strauss
Subject: Board of Adjustment decision
i
Thank you in advance for your assistance.
Once completed,please fax me a copy of the minutes of the Board of Adjustment meeting of
December 17, 1996. I would also bike to receive a copy of the membership list of the board.
Also,please inform me if there is a taped record of the meeting.
i sincerely hope you cnjoy your Holiday Season.
Th you again.
Taw
<w�`��617161°�0
P.
1996 N
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cc: J.O. ''h
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ZONING BOARD OF ADJUSTMENT
ORDINANCE 132, 4-13-70
REGULAR MEMBERS: ADDRESS TERMS
1. Hal Taylor #2 Emerald Circle 1/96-1/98
Chairman (h) 482-1023
2. Howard Yeager 57 Hideaway 1/95-1/97
(w) 482-2005
(h) 482-3635
3. Gary Yokum 349 St. Cloud 1/96-1/98
(w) 929-1036
(w) 482-0289
(h) 992-9647
4. David. O'Brien, III 103 Garden Road 1/95-1/97
(w) 483-1396
(h) 482-0527
5. Ann Talbot 507 Clearview 1/96-1/98
(h) 482-8273
ALTERNATE MEMBERS:
1. Larry Taylor 209 W. Heritage 1/95-1/97
(Lr) 482-1212
(h) 482-3122
2. Kathy Horner 502 Regency Ct. 1/96-1/98
(w)
(h) 992-3386
3. Patricia Rosendahl 903 Remington Court 1/95-1/97
(w) 488-7150 x 129
(h) 996-9472
i
i
4. Thomas Rives 301 W. Edgewood, Ste#10B 1/96-1/98
(w) 482-3395
(h) 482-3679
*This Board also serves as Fire & Life Safety Code Board of Adjustments
'and Appeals. City Council approved 8/11/89. FEMA Appeals Board; {
Ordinance 87/10. City Council approved 6/6/88
Appointed January of each year for two year terms.
Meets 4th Tuesday of each month as needed.
Revised 11/15/96
BOA.COM/LST03
TR-
NOTICE OF MEETING/1,Y'
State of Texas )
City of Friendswood )(
Counties of Galveston/Harris ) (
Notice is hereby given that a Regular Meeting of the Friendswood Zoning
Board of Adjustment will be held on the 17th day of December 1996, at 6:30
p.m. at, the:
City Council Chambers
Friendswood City Hall
910 S. Friendswood Drive
Friendswood, Texas
at which time the items of business listed below will be considered:
AGENDA:
6:30 P.M.
1. Call to Order `�/�`iGL,�
�/L/e- r
2. EXECUTIVE SESSION ?djufft� � ?
Zoning Board of n convene into Executive Session in
accordance with Section 551.071, Texas Government Code (consultation
with attorney concerning pending or contemplated litigation) .
t
7:00 P.M -7; z�
3. HEARINGS: The Board will conduct hearings regarding the following:
A. Request by Triplerock, Inc. and Bulkhead Investment Partners, Inc.
for administrative review of zoning officials determination that
certain amendments to the Friendswood City Code, Appendix --C-Zoning
(Ordinance #96-10, which restricts buildings to two-story, and
Ordinance #96-14, which limits density of MFR-H property to twelve
units per Acre) apply to the proposed Blackhawk Apartments, LTD.
development.
Consideration and possible action regarding adoption of order relating to
I request described in Agenda Item #A.
BOA.NTC/LST03
B. Request by Bruce and Terry Foley for variance at 1210 Buttonwood,
Lot 32, Block 3, Section 3, Wilderness Trails Subdivision, Galveston
County, Texas, to allow side yard setback of 3' 6" (required side
yard is 5' per Regulation Matrix 7.0.3.A, Friendswood City Code,
Appendix C-Zoning) .
Consideration and possible action regarding adoption of order relating to
request described in Agenda Item #B.
4. Consideration and possible action regarding approval of the minutes from
the November 19, 1996 meeting. 1 7�/Xz
5. Discussion regarding policy and procedure on previous variances approved
and/or variances denied.
6. Adjournment-: 7
Linda Thornton,
Assistant City Secretary/
B.O.A. Secretary
This facility is wheelchair accessible and accessible parking spaces are
available. Requests for accommodations or interpretive services must be
made 48 hours prior to this meeting. Please contact the City Secretary's
Office at (281) 996-3270 for further information.
I certify that the above Notice of Meeting of the Friendswood Zoning Board
of Adjustment was posted in a place convenient to the general public in
compliance with Chapter 551, Texas Government Code, on the llth day of
December 1996, at 5:00 p.m. .
WF 1�r &, -
Del oris McKenzi T C
City Secretary
Friendswood, Texas
BOA.NTC/LST03
a
Discussion followed with Joycina Baker representing the Friendswood Friends
Church explaining the church's request for a variance. The hardship is that
the Church is a historical building.
Marge George spoke for the variance.
Hearing no further input the public hearing was closed.
*Larry Taylor made a motion to approve the request for a variance.
Seconded by Howard Yeager
Motion Approved 4-1 with David O'Brien Opposing.
C. Chairman Taylor called the hearing to order to receive public input
regarding James Spuhler's request for a variance at 2211 San Miguel, Lot 25,
Block 2, San Joaquin Estates Subdivision, Galveston County, Texas, to allow
proposed structure to have a height of 45 feet, (required maximum height is
35 feet per Regulation Matrix 7.0.3. , Friendswood City Code, Appendix
C-Zoning).
Discussion followed with James Spuhler explaining his request and stated he
had received a city permit for slab with the same elavation before the
final reading of the amended ordinance.
Hearing no further input the hearing was closed.
*Hal Taylor made a motion to approve the variance.
Seconded by Howard Yeager.
Motion Approved Unanimously.
D. Chairman Hal Taylor called the hearing to order to receive public input
regarding Bruce and Terri Foley's request for a variance at 1210 Buttonwood.,
Lot 32, Block 3, Section 3, Wilderness Trails Subdivision, Galveston
County, Texas, to allow side yard setback of 3' 6" required side yard is 5' I
per Regulation Matrix 7.0.3.A, Friendswood City Code, Appendix C-Zoning) .
Discussion followed with Terri Foley explaining her request for a variance.
Hearing no further input the hearing was closed.
Terri Foley ask to reschedule action on her request unt' the December 17,
1996 meeting � ��
BOAMIN/LST03
NOTICE OF MEETING
State of Texas ) (
City of Friendswood ) (
Counties of Galveston/Harris )(
Notice is hereby given that a Regular Meeting of the Friendswood Zoning
Board of Adjustment will be held on the 19th day of November 1996, at 6:30
p.m. at the:
City Council Chambers
Friendswood City Hall
910 S. Friendswood Drive
Friendswood, Texas
at which time the items of business listed below will be considered:
AGENDA:
6:30 P.M.
1. Call to Order
2. EXECUTIVE SESSION
Zoning Board of Adjustment will convene into Executive Session in
accordance with Section 551.071, Texas Government Code (consultation
with attorney concerning pending or contemplated litigation) .
i
7:00 P.M
3. HEARINGS: The Board will conduct hearings regarding the following:
i
I
A: Request by Triplerock, Inc. and Bulkhead Investment Partners, Inc.
for administrative review of zoning officials determination that
certain amendments to the Friendswood City Code, Appendix C-Zoning
(Ordinance #96-10, which restricts buildings to two-story, and
Ordinance #96-14, which limits density of MFR-H property to twelve
units per Acre) apply to the proposed Blackhawk Apartments, LTD.
development.
Consideration and possible action regarding adoption of order relating to
request described in Agenda Item #A.
BOA.NTC/LST03
B. Request by Friendswood Friends Church for variance at 502 S.
Friendswood Dr. , Lot 1, Lot 7 and NE 230 feet of Lot 6, Lot 8 and
NE part of Lot 4 NE part of Lot 2, Block 12, Galveston County,
Texas, to allow the height of a proposed new sanctuary to be 49 feet
in height (required maximum height -is 35 feet per Regulation Matrix
7.0.3, Friendswood City Code, Appendix C-Zoning.
Consideration and possible action regarding adoption of order relating to
request described in Agenda item #B.
C. Request by James Spuhler for variance at 2211 San Miguel, Lot 25,
Block 2, San Joaquin Estates Subdivision, Galveston County, Texas,
to allow proposed structure to have a height of 45 feet, (required
maximum height is 35 feet per Regulation Matrix 7.0.3, Friendswood
City Code, Appendix C-Zoning) .
i
Consideration and possible action regarding adoption of order relating to
request described in Agenda Item #C.
D. Request by Bruce and Terry Foley for variance at 1210 Buttonwood,
Lot 32, Block 3, Section 3, Wilderness Trails Subdivision, Galveston
County, Texas, to allow side yard setback of 3' 6" (required side
yard is 5' per Regulation Matrix 7.0.3.A, Friendswood City Code,
Appendix C-Zoning).
Consideration and possible action regarding adoption of order relating to
request described in Agenda Item #D.
E. Request by Sunghing Lung for interpretation by city staff of
Permitted Use Table (Use #5813, drinking places not allowed in
Neighborhood Community Districts) and Section 6.E.4. Friendswood
City Code, Appendix C, Section 10.B. and 11.A.
Consideration and possible action regarding adoption of order relating to
request described in Agenda Item #E.
4. Consideration and possible action regarding approval of the minutes from
the October 22, 1996 meeting.
BOA.NTC/LST03
5. Adjournment:
4aaThornton,
Assistant City Secretary/
B.O.A. Secretary
This facility is wheelchair accessible and accessible parking spaces are
available. Requests for accommodations or interpretive services must be
made 48 hours prior to this meeting. Please contact the City Secretary's
Office at (281) 996-3270 for further information.
I certify that the above Notice of Meeting of the Friendswood Zoning Board
of Adjustment was posted in a place convenient to the general public in
compliance with Chapter 551, Texas Government Code, on the 15th day of
November 1996, at 5:00 p.m. .
Li da Thornton
Assistant City Secretary
Friendswood, Texas
BOA.NTC/LST03
�} a
Regular Meeting
Zoning Board of Adjustment
November 19, 1996
Minutes of the Regular Meeting of the Zoning Board of Adjustment of the C'ify
of Friendswood which was held at City Hall on November 19, 1996 at 7:00 p.m.
with the following members present constituting a quorum:
Chairman Willam Hal Taylor
Regular Member Howard Yeager
Regular Member Gary Yokum
Regular Member David O'Brien
Alternate Member Thomas Rives
Alternate Member Larry Taylor
Alternate Member Patricia Rosendahl
Building Official Linda Taylor
B.O.A. Secretary Linda Thornton
Chairman Hal Taylor called the meeting to order at 7:00 p.m. .
Chairman Taylor appointed Larry Taylor as a voting member for this meeting.
A. Chairman Taylor recalled from the table proposed action regarding
Triplerock, Inc and Bulkhead Investment Partners, Inc's. , request at 5000
Watkins Way, 10.91 acres, more or less out of the Sarah McKissick Survey,
Section 1, Abstract No. 549 in Harris County, Texas, seeking administrative
review of enforcement by City Officials of the amendments to the Friendswood
City Code, Appendix C-Zoning (specially Ordinance #96-10, which restricts
buildings to two stories and Ordinance #96-14, which limits Density of MFR-H
property to 12 units per Acres) .
*Howard Yeager made a motion to table the action on this issue until the I
December 17, 1996 meeting.
Seconded by Larry Taylor
Motion Approved to table 3-2 with Hal Taylor and Gary Yokum opposing.
B. Chairman Taylor called the hearing to order to receive public input I
regarding Friendswood Friends Church's request for a variance at 502 S.
Friendswood Dr. , Lot 1, Lot 7 and NE 230 feet of Lot 6, Lot 8 and NE part
of Lot 4, NE part of Lot 2, block 12, Galveston County, Texas, to allow the
height of a proposed new sanctuary to be 49 feet in height (required maximum
height is 35 feet per Regulation Matrix 7.0.3. , Friendswood City Code,
Appendix C-Zoning) .
BOAMIN/LST03
f
Discussion followed with Joycina Baker representing the Friendswood Friends
Church explaining the church's request for a variance. The hardship is that
the Church is a historical building.
Marge George spoke for the variance.
Hearing no further input the public hearing was closed.
*Larry Taylor made a motion to approve the request for a variance.
Seconded by Howard Yeager
Motion Approved 4-1 with David O'Brien Opposing.
C. Chairman Taylor called the hearing to order to receive public input
regarding James Spuhler's request for a variance at 2211 San Miguel, Lot 25,
Block 2, San Joaquin Estates Subdivision, Galveston County, Texas, to allow
proposed structure to have a height of 45 feet, (required maximum height is
35 feet per Regulation Matrix 7.0.3. , Friendswood City Code, Appendix
C-Zoning) .
Discussion followed with James Spuhler explaining his request and stated he
had received a city permit for slab with the same elavation before the
final reading of the amended ordinance.
Hearing no further input the hearing was closed.
*Hal Taylor made a motion to approve the variance.
Seconded by Howard Yeager.
Motion Approved Unanimously.
D. Chairman Hal Taylor called the hearing to order to receive public input i
regarding Bruce and Terri Foley's request for a variance at 1210 Buttonwood,
Lot 32, Block 3, Section 3, Wilderness Trails Subdivision, Galveston
County, Texas, to allow side yard setback of 3' 6" required side yard is 5'
per Regulation Matrix 7.0.3.A, Friendswood City Code, Appendix C-Zoning) .
Discussion followed with Terri Foley explaining her request for a variance.
Hearing no further input the hearing was closed.
Terri Foley asked to reschedule action on her request until the December 17,
1996 meeting, this request was approved.
BOAMIN/LST03
E. Chairman Hal Taylor called the hearing to order to receive public input
regarding Sunghing Lung, Great Sense Investments request for interpretation
by city staff of Permitted Use Table (Use #5813) , drinking places not
allowed in Neighborhood Community Districts) and Section 6.E.4. ,
Friendswood City Code, Appendix C, Section 10.B, and 11.A.
Discussion followed with Kam Lung explaining request for the interpretation
by city staff.
Forest Bend Homeowners Association submitted a letter dated November 19,
1996 with names attached opposing this request.
Marge George, spoke against.
Slade Lewis, spoke against.
Tom Busker, spoke against.
Ben Muellen, spoke against.
Mark McCastin, spoke against.
Joy Cooper, 4032 Laura Leigh, submitted a letter dated November 13, 1996
opposing this request.
Lois W. Morgan, 4036 Laura Leigh Lane, submitted a letter dated November 10,
1996, opposing this request.
Hearing no further input the public hearing was closed.
*Howard Yeager made a motion to deny.
Seconded by Larry Taylor.
Motion Approved Unanimously.
*Gary Yokum made a motion to approve the minutes from the October 22, 1996,
meeting.
Seconded by David O'Brien
Motion Approved Unanimously.
Motion was made and approved to adjourn at 8:40 P.M. .
William Hal Taylor
Chairman
Attest:
Lin a Thornton
Assistant City Secretary
and B.O.A. Secretary
BOAMIN/LST03
Regular Meeting
Zoning Board of Adjustment
October 22, 1996
Minutes of the Regular Meeting of the Zoning Board of Adjustment of the City
of Friendswood which was .held at City Hall on October 22, 1996 at 7:00 p.m.
with the following members present constituting a quorum:
Chairman Willam Hal Taylor
Regular Member Howard Yeager
Regular Member Gary Yokum
Regular Member David O'Brien
Regular Member Ann Talbot
Alternate Member Thomas Rives
Alternate Member Larry Taylor
Alternate Member Patricia Rosendahl
.Community Development Director Doug Kneupper
B.O.A. Secretary Linda Thornton
Chairman Hal Taylor called the meeting to order at 7:00 p.m. .
Chairman Taylor called the Public Hearing to order and explained the
applicant at 502 S. Friendswood Drive, Lot 1, Lot 7 and NE 230 feet of Lot
6, Lot 8 and NE part of Lot 4 NE part of Lot 2, Block 12, Galveston County,
Texas, and the applicant at 2211 San Miguel, Lot 25, Block 2, San Joaquin
Estates Subdivison, Galveston County, Texas, have both requested to
reschedule for the November 19, 1996, Zoning Board of Adjustment meeting.
Chairman Taylor called the Public Hearing to order to receive public input
regarding Triplerock, Inc's, request at 5000 Watkins Way, 10.91 acres, more
or less out of the Sarah McKissick Survey, Sec ion 1, Abstract No. 549 in
Harris County, Texas, seeking administrative r view of enforcement by City
Officials of the amendments to the Friendswood City Code, Appendix C-Zoning
(specially Ordinance #96-10, which restricts buildings to two stories and j
Ordinance #96-14, which 'Limits Density of MFR-H property to 12 units per
Acres), and stated action would be taken on this issue November 19, 1996. j
I
Discussion followed with Community Development Director, Doug Knuepper,
explaining the Bulkhead Investment Partners, application for an apartment
complex, which would have two and three stories. Mr. Kneupper, referred to
his memo, Enclave at Quail Crossing Apartments, dated, October 10, 1996,
and to the best of his knowledge the information is correct.
Discussion followed with Ron Ritter, explaining the Zoning Ordinance, which
was changed from 18 units to 12 units for MFR-H.
BOAMIN/LST03
Discussion followed with David Strauss of Triplerock Inc. , explaining the
development of 22 acres of property. Bulkhead Investment Partners,Inc. ,
Representative, Matthew Morgan, appeared before the Board to determine if
City Officials acted correctly on height and density. "
Ron Ritter, 15410 Wandering Trail, President of the Wedgewood Village Home
Owners Association, spoke against.
Dale Phillips, 15431 Blackhawk, spoke against.
Charles Guetzow, 15415 Blackhawk, spoke against.
Bob Baggett, President of the Heritage Park Homeowners Association,
discussed the Homeowners Association owning a strip of land from the back
property of Food Line grocery store to Constitution street.
Deborah Brown, 15538 Edenvale, asked questions.
David Strauss, of Triplerock Inc. , asked the Board to please look at all
issues and facts.
Hearing no further input the Public Hearing was closed.
*Ann Talbot made a motion to approve the minutes from the August 27,1996,
meeting.
Seconded by David O'Brien
Motion Approved Unanimously.
Motion was made and approved to adjourn at 9:00 P.M. .
William Hal Taylor
Chairman
Attest:
��L4ina rnton
Assistant City Secretary
and B.O.A. Secretary
BOAMIN/LST03
�ck
NOTICE OF MEETING
State of Texas )(
City of Friendswood ) (
Counties of Galveston/Harris )(
Notice is hereby given that a Regular Meeting , of the Friendswood Zoning
Board of Adjustment will be held the 22nd day of October, 1996 at 7:00 p.m.
City Council Chambers
Friendswood City Hall
910 S. Friendswood Drive
Friendswood, Texas
at which time the items of business will be considered listed below:
AGENDA: -
1. Call to order:
2. Docketed Public Hearing:
To hear public input regarding the following:
A. Seeking variance at 502 S. Friendswood Dr. , Lot 1, Lot 7
and NE 230 feet of Lot 6, Lot 8 and NE part of Lot 4 NE
part of Lot 2, Block 12, Galveston County, Texas, for
height of New Sanctuary to be 49 feet, required maximum
height is 35 feet. Zoning Ordinance 84-15, Regulation
Matrix 7.0.3.
B. Seeking variance at 2211 San Miguel, Lot 25, Block 2, San
Joaquin Estates Subdivision, Galveston County, Texas, for
proposed structure, height to be 45 feet, required
maximum height is 35 feet. Zoning Ordinance 84-15, j
Regulation Matrix 7.0.3.
C. Seeking request for administrative review of enforcement
I
by City Officials of the amendments to the Friendswood
City Code, Appendix C-Zoning (specially Ordinance #96-10,
which restricts buildings to two stories and Ordinance
#96-14 which limits Density of MFR-H property to 12 units
per Acres) .
BOA.NTC/LST03
t
3'. Consideration and possible action regarding variance at 502 S.
Friendswood Dr, Lot 1, Lot 7 and NE 230 feet of Lot 6, Lot 8
and NE part of Lot 4, NE part of Lot 2, Block"12, Galveston
County, Texas, for height of new sanctuary to be 49 feet,
required maximum height is 35 feet. Zoning Ordinance 84-15,
Regulation Matrix 7.0.3.
4. Consideration and possible action regarding variance at 2211
San Miguel, Lot 25, Block 2, San Joaquin Estates Subdivision,
Galveston County, Texas, for proposed structure height to be
45 feet, required maximum height is 35 feet. Zoning Ordinance
84-15, Regulation Matrix 7.0.3.
5. Consideration and possible action regarding request for
administrative review of enforcement by City Officials of the
amendments to the Friendswood City Code, Appendix C-Zoning
(specifically Ordinance #96-10 which restricts buildings to
two stories and Ordinance #96-14 which limits Density of MFR-H
property to 12 units per Acres) .
6. Consideration and possible action regarding approval of the minutes
from the August 27, 1996 meeting.
7. Adjournment:
inda Thornton,
Assistant City Secretary/
B.O.A. Secretary
This facility is wheelchair accessible and accessible parking spaces are
available. Requests for accommodations or interpretive services must be
made 48 hours prior to this meeting. Please contact the City Secretary's
Office at (713) 996-3270 for further information.
I certify that the above Notice of Meeting of. the Friendswood Zoning Board
of Adjustment was posted in a place convenient to the general public in
compliance with Chapter 551, Texas Government Code, on the 17th day of
October, 1996 at 5:00 p.m. .
007-
Aina Thornton t.
Assistant City Secretary90 v
Friendswood, Texas
MA CC
r%ITY MGR
BOA.NTC/LST03
D.K.
s
Regular Meeting
Zoning Board of Adjustment
October 22, 1996
Minutes of the Regular Meeting of the Zoning Board of Adjustment of' the City
of Friendswood which was held at City Hall on October 22, 1996 at 7:00 p.m.
with the following members present constituting a quorum:
Chairman Willam Hal Taylor
Regular Member Howard Yeager
Regular Member Gary Yokum
Regular Member David O'Brien
Regular Member Ann Talbot
Alternate Member Thomas Rives
Alternate Member Larry Taylor
Alternate Member Patricia Rosendahl
Community Development Director Doug Kneupper
B.O.A. Secretary Linda Thornton
I
Chairman Hal Taylor called the meeting to order at 7:00 p.m. .
Chairman Taylor called the Public Hearing to order and explained the
applicant at 502 S. Friendswood Drive, Lot 1, Lot 7 and NE 230 feet of Lot
6, Lot 8 and NE part of Lot 4 NE part of Lot 2, Block 12, Galveston County,
Texas, and the applicant at 2211 San Miguel, Lot 25, Block 2, San Joaquin
Estates Subdivison, Galveston County, Texas, have both requested to
reschedule for the November 19, 1996, Zoning Board of Adjustment meeting.
Chairman Taylor called the Public Hearing to order to receive public input
regarding Triplerock, Inc's, request at 5000 Watkins Way, 10.91 acres, more
or less out of the Sarah McKissick Survey, Section 1, Abstract No. 549 in
Harris County, Texas, seeking administrative review of enforcement by City
Officials of the amendments to the Friendswood City Code, Appendix C-Zoning
(specially Ordinance #96-10, which restricts buildings to two stories and
Ordinance #96-14, which limits Density of MFR-H property to 12 units per
Acres), and stated action would be taken on this issue November 19, 1996.
Discussion followed with Community Development Director, Doug Knuepper,
explaining the Bulkhead Investment Partners, application for an apartment
complex, which would have two and three stories. Mr. Kneupper, referred to
his memo, Enclave at Quail Crossing Apartments, dated, October 10, 1996,
and to the best of his knowledge the information is correct.
Discussion followed with Ron Ritter, explaining the Zoning Ordinance, which
was changed from 18 units to 12 units for MFR-H.
BOAMIN/LST03
Discussion followed with David Strauss of Triplerock Inc. , explaining the
development of 22 acres of property. Bulkhead Investment Partners,Inc. ,
Representative, Matthew Morgan, appeared before the Board to determine if
City Officials acted correctly on height and density.
Ron Ritter, 15410 Wandering Trail, President of the Wedgewood Village Home
Owners Association, spoke against.
Dale Phillips, 15431 Blackhawk, spoke against.
Charles Guetzow, 15415 Blackhawk, spoke against.
Bob Baggett, President of the Heritage Park Homeowners Association,
discussed the Homeowners Association owning a strip of land from the back
property of Food Line grocery store to Constitution street.
Deborah Brown, 15538 Edenvale, asked questions.
David Strauss, of Triplerock Inc. , asked the Board to please look at all
issues and facts.
Hearing no further input the Public Hearing was closed.
*Ann Talbot made a motion to approve the minutes from the August 27,1996,
meeting.
Seconded by David O'Brien
Motion Approved Unanimously.
Motion was made and approved to adjourn at 9:00 P.M. .
William Hal Taylor
Chairman
Attest:
Lin a Thornton
Assistant City Secretary
and B.O.A. Secretary
BOAMIN/LST03
o� Z.��
NOTICE OF MEETING
State of Texas )(
City of Friendswood X
Counties of Galveston/Harris )(
Notice is hereby given that a Regular Meeting of the Friendswood Zoning
Board of Adjustment. wil_1 be held on the 17th day of December 1996, at 6:30
p.m. at the:
City Council Chambers
Friendswood City Hall
910 S. Friendswood Drive
Friendswood, Texas
at which time the items of business listed below will be considered:
AGENDA:
6.30 P.M.
1. Call o Order
2. EXECUTIVE ESSION
Zoning. . Boar Adjustment will convene into Executive Session in
accor�ap
h ction 551.071, Texas Government - Code (consultation
^w•tIi �ncer nd• g or contemplated litigation).
p
7:K P.M
3. HEARINGS: The Board will conduct hearings regarding the following.
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A. Request by Triplerock, Inc. and Bulkhead Investment Partners, Inc.
for administrative review of zoning officials determination that
certain amendments to the Friendswood City Code, Appendix :C-Zoning
(Ordinance 06-10, which restricts buildings to - two-story, and
Ordinance #96-14, which limits density of MFR-H-property to .twelve
units per Acre) apply to the proposed Blackhawk Apartments, LTD_..
development.
Consideration and possible action regarding adoption of order relating to
request described in Agenda Item #A.
/� �- -
BOA.NTC/LST03 4 7pe) � V
B. Request by Bruce and Terry Foley-for variance at 1210 Buttonwood,
Lot 32, Block 3, Section 3, Wilderness Trails Subdivision, Galveston
County, Texas, to allow side yard setback of 3' 6" (required side
yard is 5' per Regulation Matrix 7.0.3.A, Friendswood City Code,
Appendix C-Zoning) .
Consideration and possible action regarding adoption of order relating to
request described in Agenda Item.#B.
4. Consideration and possible action regarding a proval of the minutes from
.the November 19, 1996 meeting. h� T
S. Discussion regarding policy and procedure on previous. variances approved
and/or variances denied.
6. Adjournment:
Linda Thornton,
Assistant City Secretary/
B.O.A. Secretary
This facility is wheelchair accessible and accessible parking spaces are
available. Requests 'for accommodations or interpretive services must be
made:48 hours prior to this meeting. Please -contact the City Secretary's
Office at (281) 996-3270 for further information.
I certify that the above Notice of Meeting of the Friendswood Zoning Board
of Adjustment was posted in a place convenient to the general public in
compliance with Chapter 551, Texas Government Code, on the llth day of
December 1996, at 5:00 p.m. .
Deldkis McKenzi C - f�
City Secretary
Friendswood., Texas
CC: M&CC �`<P,y
CI'n( �SZbZ�Z2Z
L. Tay or
BOA.NTC/LST03
NO. 97-CV0045
COA
TRIPLEROCK, INC AND § IN THE DISTRICT COURT OF
BUCKHEAD INVESTMENT PARTNERS, §
INC., §
Plaintiffs, §
VS. § GALVESTON COUNTY,TEXAS
CITY OF FRIENDSWOOD, TEXAS, §
ET AL §
Defendants. § 56TH JUDICIAL DISTRICT
CITY OF FRIENDSWOOD ZONING BOARD OF ADJUSTMENT'S !
RETURN IN RESPONSE TO WRIT OF CERTIORARI
The City of Friendswood Zoning Board of Adjustment (the "Board of Adjustment") hereby
files its Return in Response to the Agreed Order on Petition for Writ of Certiorari signed by the
Court on March 31, 1997.
I.
Record of Proceedings
i
I. A certified copy of the entire record of the proceeding before the Board of Adjustment in re:
"Appeal by Buckhead Investment Partners, Inc. and Triplerock, Inc. of disapproval of Building
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Permit Application for the Enclave at Quail Crossing Apartments" is attached hereto as Exhibit
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- II.
The Grounds for the Board of Adjustment's Decision
2. The appellants failed to demonstrate that the zoning official erred in denying the subject
build fig permit. More specifically, the appellants failed to demonstrate that they had received a
permit, within the meaning of TEx. GOv'r CODE§ 481.141 et seq., prior to adoption of Ordinance
No. 96-10, and failed to demonstrate that the regulations contained in Ordinance 96-14 were zoning
regulations that "affect lot size, lot dimensions, lot coverage or building size."
Respectfully Submitted,
OLSON& OLSON
By: dw-z
John f H htower
State Bar No. 09614200
3485 Three Allen Center
333 Clay Street
Houston,Texas 77002
Telephone: (713) 759-0696
Facsimile: (713) 759-0342
ATTORNEYS FOR DEFENDANTS, CITY OF
FRIENDSWOOD; LINDA A. TAYLOR, IN
HER CAPACITY AS B UILDING OFFICIAL;
AND CITY OF FRIENDSWOOD ZONING
BOARD OF ADJUSTMENT
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FRIENDS WOOD\TRIPLE\RESP WRIT 2
d
CERTIFICATE OF SERVICE
I hereby certify that on the 14( day of April, 1997 a true and correct copy of the
foregoing City of Friendswood Zoning Board of Adjustment's Return in Response to Writ of
Certiorari was sent by certified mail, return receipt requested to Richard P. Keeton, MAYOR,
DAY, CALDWELL &KEETON, L.L.P., 700 Louisiana, Suite 1900, Houston, Texas 77002.
John J. H tower
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FRIENDSWOOM TRIPLE\RESPWRIT 3
VERIFICATION
STATE OF TEXAS §
COUNTY OF GALVESTON §
Before me, the undersigned Notary Public, on this day personally appeared Delores
McKenzie, who, after being duly sworn, stated under oath that she is the City Secretary of the
City of Friendswood; that she has read the above City of Friendswood Zoning Board of
Adjustment's Return in Response to Writ of Certiorari; and that every factual statement contained
therein is within her personal knowledge and is true and correct.
Aa-
Delores McKenzie
SUBSCRIBED AND SWORN TO BEFORE ME on this_/l April, 1997.
N TARY PUBLIC in and for the
State of Texas
I
My commission expires
i
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CITY OF FRIENDSWOOD BOARD OF ADJUSTMENT
Record of Proceedings in re:
"Appeal of Buckhead Investment Partners, Inc. and
Triplerock, Inc. of disapproval of Building Permit
Application for the Enclave at Quail Crossing
Apartments"
i
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INDEX
1. Agenda for Board of Adjustment meeting of 10/22/96
2. Request for Hearing
3. Friendswood Code of Ordinances-page CDC:54
4. Memorandum from Kneupper to Board of Adjustment,�dated 10/10/96
5. Letter from Hoover to Morgan, dated 4/10/96
6. Site Development Plan, dated 4/3/96
7. Letter from Knuepper/Taylor to Morgan, dated 7/24/96
I
8. Letter from Knuepper/Taylor to Morgan dated 9/11/96
9. Notice of Appeal, dated September 20, 1996
10. City of Friendswood Ordinance No. 96-10
11. City of Friendswood Ordinance No. 96-14
i
12. Friendswood Code of Ordinances-pages CDC:51 thru CDC:56
13. Notice to property owners, dated 10/22/96
14. Minutes of Board of Adjustment meeting of 10/22/96
i
15. Agenda for Board of Adjustment meeting of 11/19/96
16. Memorandum from Morgan to Board of Adjustment, dated 10/18/96 with attachments
17. Memorandum from Olson to Board of Adjustment, dated 11/19/96
18. Preliminary Drainage Plan of Quail Crossing
19. Final Plat of Quail Crossing 1
FRIENDSWOODI TRIPLE\RESPWRIT 2
20. Final Plat of Food Lion/Friendswood Addition
21. Minutes of Board of Adjustment meeting of 10/22/96
22. Agenda for Board of Adjustment meeting of 12/17/96
23. Notice to property owners, dated 12/6/96
24. Notice to property owners, dated 10/8/96
25. Minutes of Board of Adjustment meeting of 12/17/96
I
FRIENDSWOOD\TRIPLE\RESPWRIT 3
a
i
COUNTY OF GALVESTON §
STATE OF TEXAS §
I
I, Delores McKenzie, City Secretary of the City of Friendswood, do hereby certify, this
day of April, 1997, that the attached is a full, true and correct copy of the original of the
City of Friendwood Zoning Board of Adjustment's record in the matter of"Appeal by Buckhead
I
Investment Partners, Inc. and Triplerock, Inc. of disapproval of building Permit Application for
The Enclave at Quail Crossing Apartments."
A T TEST:
Deloris McKenzie, RMC
City Secretary
City of Friendswood
DATE SCHEDULE FOR ZONING BOARD OF ADJUSTMENT
NAME OF APPLICANT: TRIPLEROCK, INC.
LOCATION OF PROPERTY: 5000 [catkins Way, 10.91 AC. out of Sarah McKissick
Survey, Sect. 1, Abst. #549, Harris Cty., Tx.
REASON _��^VESTING-•: Requesting Administrative review of enforcement by
City Officials of the Amendments to the FWD. City Code, Appendix C-Zoning
(specially Ord #96-10-, which restricts bldgs. to 2 stories & Ord. 96-14
which limits Density of MFR H property to 12 units per Acre.
PUBLIC HEARING DATE: 11/19/96
Application received in City Secretary's Office 10/01/96
Date set for Public Hearing 11/19/96
by Zoning Board of Adjustment Chairman
Request tax office to furnish name of property 10/02/96
owners within 200 feet.
Notice published in official newspaper 10/09/96
14-10 days prior to hearing)
Letters mailed to property owners within 200 feet. 10/11/96
10 days prior to hearing)
Public Hearin Held 11/19/96
Decision made by the Zoning Board of Adjustment TABLED
Applicant notified
RESCHEDULED FOR: 12/17/96
ITEM # A
.0
C National Multi
NMHC Housing Council
NewsRelease
Contact: Jim Bowe FOR IMMEDIATE RELEASE I
Vice President of Communications September 4, 1996 '
(202) 659-3381
jbowe@nmhc.org
More Americans Are Choosing To Live In Apartments
WASHINGTON, DC -- No doubt about it. While a majority of Americans still opt for life in a
single-family home, a new book, Apartment Living in America, published by the
Washington, D.C.-based National Multi Housing Council (NMHC) and Alexandria, VA-based
National Apartment Association (NAA), reports that many Americans now rp efer to live in
apartments.
The new interest in apartments is driven by both lifestyle changes and economics. Young
mobiles and empty nesters have been joined by affluent renters, discretionary renters,
corporate transferees who do not want home ownership, and middle income renters
demanding more than just affordability.
The apartment industry has responded by providing more housing choices, better design,
more amenities, communications technology options, on-site services and myriad other
changes. The new report underscores how the industry has moved far beyond niche
marketing to address what is becoming a major new movement within the American
housing system.
"We found that many individuals and families in all age and income brackets actually refer
the convenience, freedom and flexibility of renting," said Randolph G. Hawthorne, Chairman
of the National Multi Ho i sing Council Board of Directors.
He said that apartment life can also compete more effectively for the white picket fence
crowd by going beyond design and building quality and emphasizing new amenities.
Economies of scale permit apartment communities to provide residents with better, lower j
cost products and services. "It makes a lot of economic sense for apartment managers to
offer services that go beyond shelter. We are in the position to negotiate with local retailers,
communications providers, and even insurance companies to provide our residents with
more choices, better services, and at lower costs." y
I,
Hawthorne says that, according to the report, the new wave of apartment renters values thIe
opportunity for social interaction that comes from community living, because singles and
couples account for 70 percent of apartment residents. Also, among the thousands of facts
in the new book, 30 percent of all apartments are occupied by someone over the age 50,
and 18 percent are over 65.
OVER
Suite 540 • 1850 M Sheet NW Washington,DC 20036 • (202)659-3381 • Fax(202)775-0112
E-mail:info@nmhc.org • Home Page: hnpJ/www.nmhc.org
Apartment Living in America also points out that the long-term cost of renting has been
quite stable. During the past 10 years, rents have actually increased less than the
consumer price index, according to Jonathan L. Kempner, National Multi Housing Council
President. "Home ownership involves considerable financial risk. For many individuals and
families, in all income brackets, renting is the right economic choice."
Other findings in Apartment Living in America include:
■ Apartments are no longer solely home to the young, the old, or those with
moderate incomes. The so-called "lifestyle renter" is growing in numbers. Today,
one in 10 apartment renters makes more than $50,000 a year.
■ Newly built apartments are growing in size as well -- from about 860 square feet
in 1978 to 1,040 square feet in 1995.
■ Apartment residents are less likely to drive a car, and residential clustering is
more supportive of retail and mass transit. In many ways, apartment residents
are as active in local community affairs as home owners.
Another finding is the significant shift in apartment ownership and investment that has
swept the industry. In the last three years, according to the report, billions of dollars have
been channeled into the apartment sector by institutional investors. Kempner believes that-
this benefits apartment residents. "We think more owners with a long-term view and the
capital resources to keep-their investments competitive is good news for the apartment
resident. They are very focused owners who expect the apartment management industry to
be accountable for how it runs apartment communities.'
Overall; Apartment Living in America makes a-strong case for taking anew look at our
perception of how apartments fit into the overall'American housing 'scene, says Kempner.
Perhaps the most powerful realization in the study, he says, is the fact that individuals and
families of all economic levels and age groups are choosing apartments. 'That is certainly
an encouraging trend and a daunting challenge as well."
Editor Note: Apartment Living in America is an extensive resource that offers mini-case
studies of individuals around the country, who, for one reason or another, prefer to live in
an.apartment residence. There is also a chapter on the new designs and services offered to
renters and a discussion about the rent-versus-buy economic question, plus,a review of the
changes that have evolved as short-term-owners have sold their properties to long-term
institutional investors.-There is a look at how the apartment industry has increased its
professional management approach-in recent years,'and an extensive appendix with
statistics and charts on demographics, new construction, structural 'considerations, market
conditions, housing costs and apartment ownership and financing data.
Copies of Apartment Living in America can be purchased for $20 each ($30 for non-NMHC
and NAA members), or $15 each for orders of 50 copies or more ($25 for non-members).
To order copies, please send a letter and appropriate check (NMHC will absorb postage
and handling costs) to Pamela Gilmore, 1850 M Street, NW, Suite 540, Washington, DC,
20036.
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Suhmitted by: Patricia Rosendahl on 10/22/96
BUCKHEAD INVESTMENT PARTNERS
I N C 0 R P 0 R A T E D
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Date: 18 October, 1996
To: Zoning Board of Adjustment Members and Alternates
From: Matthew J. Morgan
Subject: The Enclave at Quail Crossing
-ag
MESSAGE:
In advance of the public hearing related to the captioned development scheduled for
Tuesday, October 22, 1996, 1 am transmitting herewith a copy of our letter to the
Wedgewood Village homeowners adjacent to the proposed development along with
referenced enclosures. Please take the time to carefully consider the facts about the
project outlined in the letter as they are contrary to much of the misinformation
circulating in the community. I hope that your review of these items will enhance your
understanding of the project and our position related to it so that you may better perform'
your duties within a well-informed context. Thank you for your attention to this matter.
BY: MJM
0
_r1996
HECE1v r,\.3
Et) Co
('1TY0FFR,1EAfDSW00
ITVSECREYARY
CC; M &C v C
CITY. GR
D.-K.
2343 SUNSET BOULEVARD HOUSTON,TEXAS-77005-(713)522-1800-FACSIMILE(713)522-1840
BUCKS- EAD INVESTMENT PARTNERS
INCORPOR A TED
18 October, 1996
Dear Homeowner:
I would like to introduce myself and provide you with some information on the proposed
multifamily residence community, The Enclave at Quail Crossing, which my partner and I would like to
build nearby. My name is Matthew Morgan and I am a native Houstonian; my partner's name is Kevin
Kirton. We are both in our mid-thirties and have been involved in the real estate industry and in particular
multifamily finance and development for the last 10 years. Some of the homeowners in your community,
and perhaps you yourself, have expressed serious concerns about the prospect of having a rental apartment
community nearby. While I think you should always be concerned about new developments in your
community, I believe that some of your concerns may be based on misconceptions stemming from the
apartment communities with which you are familiar and which are very different from the proposed
Enclave at Quail Crossing. The Enclave at Quail Crossing will be unlike any other property that currently
exists in Friendswood.
Like all luxury apartment communities currently being built, The Enclave at Quail Crossing will
provide the latest amenities for apartment residents and target renters who in many cases could afford a
home but because of their lifestyle have chosen not to purchase a home, or have sold their home to live in
the type of community environment with the amenities which Quail Crossing will provide. These,
individuals and families are known in the industry as "renters by choice", are highly discretionary, and are
among the fastest, growing segment of the apartment market. These renters are typically single
professionals, dual career couples and 50 and older couples who no longer want the responsibility of home
ownership. Rents at the project will be the highest in the market. I have included an article which provides
more information on the type of residents we will have at The Enclave at Quail Crossing.
I would also like to tell you a little bit about The Enclave at Quail Crossing itself. The property
will consist of 196 luxury residences, a clubhouse, swimming pool/jacuzzi, fitness center, business center
and a centrally located two-acre park with fitness trail and park benches. The layout of the project vsRll;
provide a single family residence feel with covered parking available near each residence. The design of
The Enclave at Quail Crossing is plantation-style with high pitched roofs, palladium windows, bay'
windows and white-accented columns and picket railings. The Enclave will feature numerous amenities
that are currently in demand at exclusive properties that have recently been completed in upscale inner-loop
areas of Houston. The community will feature a fenced and gated perimeter with remote control access for
residents. A video camera and telephone will allow residents to admit visitors to the property after,
verifying the visitor's identity on their home television set.. Along with this and other high-tech amenities,
the community will offer state-of-the-art telecommunications and cable entertainment systems which will
provide residents with free telephone services such as call waiting and forwarding, discount long distance,,
project-wide voice mail, electronic 911 service,50 satellite/cable channels, pay-per-,view, video-on-demand,'
interactive video, on-line banking and Internet access. The property will have its own cable channel,
featuring community events and activities and retail services. Residence interiors will have upgraded
appliances, microwaves, over-sized bath tubs, tiled entries, crown moulding, nine-foot/cathedral ceilings,
washer/dryer hook-ups and intrusion alarms. Each residence will also have a private balcony or patio with
outdoor storage. I have enclosed a color elevation of a typical building to help;give you a feel for the
character of the property.
'2343 SUNSET BOULEVARD.HOUSTON,TEXAS•77005.(713)522-1800.FACSIMILE(713)522-1840
The Jeffersonian country-style clubhouse, with cupola, will provide residents with a well-appointed
club room, kitchen and parlour with billiards and large-screen television for entertaining, A fully-equipped
fitness room and business center/conference room will also be included in the facility. The clubhouse will
overlook a swimming pool and spa with views of the heavily landscaped central park area.
We have heard that some neighbors arc also concerned about the fact that a few of the buildings
will have three-story sections. Only 36 of the total 196 residences will be located on a third story.
Buildings having a third-story section will be concentrated in the center of the property and will not be
visible from your back yards. I have enclosed a scaled drawing showing that views to and from the
buildings with third-story sections (located at least 194 feet from the property line) will be completely
obscured from your view by a heavily-treed 30-foot landscape buffer and the intervening two-story
buildings which will be located at least 108 feet from the property line. These buildings will also be angled
away from the property line in more of a perpendicular fashion so that the views will be away from the
property line.
As you know a public hearing has been scheduled to address our request for a variance from the
two amendments recently made to the City zoning ordinance restricting all buildings to two stories and
reducing the high density requirement for multifamily properties from 18 to 12 residences per acre. By
industry standards, 18 per acre is already extremely low density. Harris County requires us to reserve a
large portion of the land to retain storm water so as not to increase storm water discharge into the sewer
system beyond current levels, which makes it even more difficult for us to decrease the project density any
further.
What is important for you to know is that we went to the City several times during our initial
planning of the project to ensure that we were crystal clear on the City's design and zoning requirements
prior to spending any money. Now, we have spent over$120,000 complying with the zoning ordinance and
design criteria which were in effect at the time wvc got started. We have assembled a first-rate team to
coordinate the construction of the project. Wahlberg-Wright Architects has designed the project and most
recently has received wide recognition for the two extremely attractive projects in The Woodlands which
were conscientiously designed to create as little impact as possible on the wooded areas in which they were
built. Camden Property Trust, one of the largest publicly-traded multifamily real estate investment trusts
in the country, and based in Houston, has been selected to build the project. Since receiving some of the
early approvals for the project, the City amended the zoning ordinance as outlined above and disapproved
our building permit application based on these amendments. Not only is this illegal according to the laws
of the State of Texas, it is just plain unfair to us,especially considering that we have tried to do as much as
possible to assure the highest quality of the project. To boot, the land has been zoned for the type of
project which we have designed since it was annexed by the City in 1982 and our group has been paying
property taxes based on ultimately using the land for this type of project since that time.
Now that you hopefully better understand our position, I would like to ask for your support for the
project at the upcoming public hearing. If you cannot offer your support, then I hope that I have at least
been able to clear up some of the misunderstanding on which any concerns you may have had were based.
If you have any questions, I encourage you to call me at 522-18001 during daytime hours and I will do my
very best to answer them. Thank you for your attention to this matter.
Respectfpllyl
Matthew J. Morgan
2343 SUNSET BOULEVARD.HOUSTON,TEXAS.77005 (713)522-1800.FACSiM[LE(713)522-1840
11/17i7o 1r;4e UUDUN 2S ULSUfY NU.749 P002/003
CC; M & CC . f
F� � e�g20212z "`Q NOV�996
s'
�F FRIENDsVVoao
TO: Zoning Board of Adjustment =1� � msECkEm4 �tim
City of Friendswood
L2 71t�i
FROM: John F. OlsonY� os
CC; M_ 5
DATE: November 19, 1996
RE: Appeal of Tripierock Inc., and Burkhead Investment Partners, Inc., of
Permit Denial for Enclave at Quail Crossing Apartments
Currently pending before the Board of Adjustment is an appeal (request for
administrative review) of the zoning official's determination that a permit authorizing
construction of The Enclave at Quail Crossing Apartments should be denied. The basis of
such denial included noncompliance with Sections 7.Q.3.b and 2.1) of the City's zoning
ordinance (Appendix C, Friendswood City Code), as amended. It is this determination that
forms the basis of the applicants' appeal. The applicants have asserted that each of these two
Sections of the City's zoning ordinance, as amended by Ordinance Nos. 96-10 and W14, are
inapplicable because they were adopted subsequent to the initiation of the applicants' permit
approval process and, thus, pursuant to § 481.141 et seq., TEx. GOV'T CODE, should not be
considered when reviewing such building permit application. Our opinion is that the zoning
official correctly denied the permit for the reasons set forth below.
f
The general common law rule applicable to changes in regulations which affect
property is that all property is Fuld subject to the proper exercise of police power. This
general rule has been limited by the legislature with the adoption of Tex. Gov't Code,
§ 481.141, el seq., which provides that the approval of an application for a permit shall be
considered solely on the basis of the regulations in effect at the time the original application is
filed. A "permit" is defined as "a license,...approval,...permit, or other form of authorization
rgquired by law... or ordinance that must be tai%d by a person in order t2 perform an action
or initiate a grgim for which the permit is sought." Such act further provides that any
aapproval..-of an application for a permit shall be considered...on the basis of—ordinances...or j
other duly adopted requirements in effect at the time the original application for the permit is
filed."
The applicants assert that their application for preliminary approval of the "plat of
Quail Crossing" was the first of a series of permits required for development of an apartment
project on an approximately 11 acre tract, and that pursuant to said § 481.141, et seq., the
ordinances and regulations of the City in effect on the date of such application govern all future
permits or approvals required for such project. However, the preliminary "plat of Quait
Crossing" was not a required approval for any apartment development. The owners of the
il/1.7/70 1 ULOUIY a: ULJUIV 7 f 1•) 40G =JJlo NU. (4y 1003/003
Memo to Zoning Board of Adjustment
City of Friendswood
November 19, 1996
Page 2
approximately 22 acres simply divided their tract into two reserves of approximately equal
size.. Nothing on said plat reflected or confirmed that it was for apartment development.
Building lines were not even established. As far as the City or the applicants are or were
concerned, the "plat of Quail Crossing" did nailing more than divide one tract into two. Such
division and/or platting, from a regulatory standpoint, was not and is n6t required by any_City
ordinance, whether subdivision, zoning, or otherwise; as a condition for approval of apartment
development.
The applicants have shown and described correspondence and communications between
various City staff personnel and the developer's officers and agents which relate to proposed
apartment development of the tract. Each of these communications -are informational and
advisory only. No application for approval of any required permit for such development was
received by the City until June 13, 1996. Friendswood Ordinance No. W10, which amended
the height regulations of the zoning ordinance, was adopted on June 3, 1996, ten days prior to
the first application for an approval required for the project.
Friendswood Ordinance No. 96-14, adopted on July 1, 1*, is not subject to
481.141 et seq., TEX. GOv'T CODE. Section,481.143 thereof provides exceptions from the
general freezing of regulations rule contained in the Act. One of the enumerated exceptions
are zoning regulations other than those which "affect lot size, lot dimensions, lot coverage, or
building size." Ordinance No, 96-14 applies to density of units only, and in no way restricts
lot size, lot dimensions, building size, or, as asserted by the applicants, lot coverage. Under
said Ordinance, a developer could still construct a three thousand square foot building, but
instead of having three units at 1000 square feet each he may only have two units at 1500
square feet each, or one at 2000 square feet and one at 1000 square feet, and so on. Since
Ordinance No. 96-14 does not affect lot size, lot dimension, lot coverage or building size, it's
application is not limited by the Act and compliance by the applicants therewith is required.
r.
a _
ORDINANCE NO. 9 6-10
AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS,
ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE
19TH DAY OF NOVEMBER 1984, SAME ALSO BEING APPENDIX C TO
THE FRIENDSWOOD CITY CODE,AND BEING THE ZONING ORDINANCE
OF THE CITY, BY DELETING FROM PARAGRAPH 3 OF SUBSECTION Q
OF SECTION 7 THEREOF ALL OF SUBPARAGRAPH b AND
SUBSTITUTING THEREFOR A NEW SUBPARAGRAPH b; PROVIDING
THAT BUILDINGS AND STRUCTURES SHALL BE LIMITED TO TWO
STORIES, EXCEPT THAT BUILDINGS AND STRUCTURES LOCATED IN
ZONING DISTRICT SFR (SINGLE-FAMILY RESIDENTIAL) ARE
PERMITTED TO HAVE TWO AND ONE-HALF STORIES IF NO LIVING
QUARTERS ARE LOCATED WITHIN THE TOP ONE-HALF (1/2) STORY;
PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR
EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND
PROVIDING FOR. SEVERABILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE
OF TEXAS:
Section 1. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally
adopted the 19th day of November, 1984, same being Appendix C of the Friendswood City Code,
and being the Zoning Ordinance of the City, is hereby amended by deleting subparagraph b of
paragraph 3 of Subsection Q of Section 7 thereof, which provides as follows:
[b. A building or structure may exceed the maximum height established by the
applicable district regulations if the building or structure will fit under an
imaginary line that is 63.5 degrees, with the horizontal, at the outer edge
of the yard.]
and substituting therefor the following:
b. A building or structure may not exceed two (2) stories, except, buildings
or structures located in SFR Districts may have two and one-half(2-1/2)
stories,provided there are no living quarters located within the top one-half
1/2 sto .
F W DMZ-5TORYLMT.ORD1032596
Section 2. Any person who shall violate any provision of this Ordinance shall be
deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed
$2,000. Each day of violation shall constitute a separate offense.
Section 3. In the event any 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 such part thus declared to be invalid or unconstitutional, whether there be one
or more parts.
PASSED AND APPROVED on first reading this 20th day of May , 1996.
PASSED, APPROVED, AND ADOPTED on second and final reading this 3rd day of
,Tune , 1996.
Evelyn B. Newm
Mayor
ATTEST:
c
s
De oris.McKenzie, TAMC
City Secretary
FWD\Z-STORYIMT.ORD\032596 -2-