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Home My WebLink About11-27-2007 ZBOA Regular Meeting-704 Cowards Creek Drive r a DATE SCHEDULE FOR ZONING BOARD OF ADJUSTMENT Name of Applicant: Tim Parker Location of Property: 704 Cowards Creek Galveston County, Texas Reason for Appeal: Appealing the decision of the Zoning Official denying building permit because of necessity of platting to build a single family home Proposed Public Hearin Date: 11/27/07 Application received in City Secretary's office + / Request CDD to furnish name of property owners within 200 feet Notification Itr sent to Board with general info Staff/City Attorney 11/16/07 Letters mailed to property owners within 200 feet 10 days prior to Hearin 11/16/07 Agenda and packet sent to Board 11/21/07 Agenda posted and sent: M,C,CM, CA, Staff & Prop. Owner 11/21/07 Public Hearing held 11/27/07 Decision made by the Zoning Board of Ad'ustment & signed by Chair Applicant has been notified by copy signed by Chair Oct, 10. 2007 4:43PM CITY OF FRIENDSWOOD No• 2178 P. 2 FRIENDSWOOD ZONING BOARD OF ADJUSTMENT REQUEST FOR VAaMNGE Appe t Z -r'orvl TK4&rp're1xfi4't1 FEE: $100.00 Applicant's Name: �' Par f- Phone: a��f Property Address: 70 re Legaldescription of Pro erty(atta certified metes 8r bounds): _ Property is in what county? From lvhpt ordinance(number and section)is variance being requested? �i �o►r K�r o IG P/6CIPS p� E �x �, ,75-YA Printed Name of Owner: Address of Owner: _-� AO/�o Designated Representative: Siatuze of Owner. Date: D�SCRIBETUEVARLkNGB U.YOU A SEFWNCr: e n �(' r� -�l a D e S51 V 9M4411;nC4 , - gu h Q /! o S a W-�a e ! e r2g . pe s r r e Pe r rn I �-- 4-o bm < Id 5/, 5 e -ca i ►t4 C Date&Time Received City Official: Date: ACCEPTING APPLICATION ON BEHALF OF CITY: 100 /6//9/o7 Name: Date: Fee Paid: Date: DISPOSITION OF CASE: GRANTED: DENIED: Chairman: Date: Chairman: Date: ZONING BOARD OF ADJUSTMENT Reason for decision(to be completed by the Chairman):, 18119 OCT 2007, Nov?007 a Received Cdr of FriendmW in RECEIVED ptreWpmen! rnJ CITY OF FRIEppgygQOD u� f. SECKTAR CITY Ctmaunhy In lZ12OZ jYl1Gu� �Eo 704 Cowards Creek 604 01 \ p8 431 30 06 p9 405 9 3 +� 109 \\\ e 602 205 \\ 0L moo, 30� 9 �� Qao, 408 3 O b d o • N 207 �.pe �° N 608 yraa° �\ 204 610 �„06 402 206 04 —,-404 �+ 208 's�Of 309 302 0 \\ 705 315 508 308 ya, 704 �a 403 �a —\� 706 Ore 209 0 5 402 505 708 \ 802 Legend 607 190 Street Names n \\'t ?;r;;:y ;; ;:fit}��;M:: 702 707 +.::..:.:.•. --Creeks Q GalvestonCounty_Parcels �\ jr ;• r:' ,aaf ®Parks 801 802 \ +:" 40 ®Schools e Parcels \ 701 1 City Limits 803 806 707 1 1 Counties 803 / 805 808 805 j 702 o � � rn 900 p` 704 1. 809 806 a 902 I3m • v 910 901 v 910 807 905 911 911 914 913 Feet 0 160 320 640 Oct. 10. 2007 4:43PM CITY OF FRIENDSWOOD No. 2178 P. 2 FR)IENDSWOOD ZONING BOARD OF ADJUSTMENT REQUEST FOR VAAtANCE kPPea FEE: $100.00 p/_ `O Applicant's Name: C Phone: Q Property Address: O Legal Description of Pro erty(attao certified metes &bounds): G Property is in what county? From l--t ordinance (number and section) is variance being requested? — 0 /a l AeS 10/- �, l X 77�y( Printed Name of Owner: Address of Owner: -� Orr e\j / --O 7 Designated Representative: Signature of Owner: Date: D�SCRIBE T V 1 ARIA YOU ARI,SEEKING: n r re -� a rl o e t e. e resu r n rS Pe s i r e Pe r vn I o bti t la ��' S e Fa ►Y a ►� e . lolt9/0-7 3 : g5' p.,,.. � E V� 10/19/07 Date&Time Received City Official: Date: ACCEPTING APPLICATION ON BEHALF OF CITY: `e 10/15/0-7 /Do =- 10/19/07 Name: Date: Fee Paid: Date: DISPOSITION OF CASE: GRANTED: DENIED: Chairman: Date: Chairman: Date: ZONING BOARD OF ADJUSTMENT Reason for decision(to be completed by the Chairman):, NOV''007 OCT ;v�� _ Received RECEIVED w City of Fr'endswood FifT jt CIiYSEC 4 m CITY OF FFIFfj 2' Community Development �. gy \ /b`b�A�►t�' s��fjZl ll�Z6��\1YI,/G�nl 704 Cowards Creek h p1 3 0 406 *o l 604 109 \ e 9 205 602 \\ ti �'a ��1 ry�� s`0ao, 408 •� �o ,�� a 2070 N N 808 204 610 \OrO 402 206 sG ��04 N 208 ��e 309 2 30 f e \\ 705 315 g� 508 r. 308 704 �y 403 O� `c4 706 Ores m 5 209 402 505 708 \ 802 \ Legend Street Names �p \ 702 607 --Creeks 707 OD Q Galvestoncounty_Parcels ®Parks 801 802 ®Schools e Q Parcels \ 701 ' City Limits 803 806 707 Counties 803 805 806 805 j 702 rn 900 p 704 m � 809 806 a 902 3W • V0 910 •� s 901 v 910 \ 807 905 911 911 914 913 Fed 0 160 32C 640 o n�e�nds�ood �° Nov 007 0 COMMUNITY DEVELOPMENT DIVISION rnro FC�FiVEp 910 South Friendswood Drive ��SECq lSKOOp f FRIENDSWOOD, TEXAS 77546-4856 �BY rF�6292�Z To: ZBOA From: Frank Mangold Deputy Director of Community Development Date: November 6, 2007 Subject: Mr. Parker is requesting an appeal to the decision of the Building Official about needing to replat his property at 704 Cowards Creek. Background Mr. Parker set up a Development Review Committee (DRC) meeting to see what it would take for him to build a house on his lot. The information that was given to us or that we located in our records showed that Mr. Parker needed to plat the property in order to receive a building permit. The research that was done showed that Tract 2A did not exist as part of a recorded plat prior to the adoption of the current subdivision regulations in 2000 nor is it a tract for which a legal deed was filed on or before January 1, 1970. Attached is a copy of the letter given to Mr. Parker and all correspondence on this matter. Staff Comments The staff has reviewed all information available and has determined that Mr. Parker will need to plat his property before the City can issue a building permit. See attached information BUILDING INSPECTION&CODE ENFORCEMENT 0 ENGINEERING-PLANNING&ZONING ivon not aoni /9F71 006_49on D S WpG r Cat Ot gvekidgwood _ COMMUNITY DEVELOPMENT DIVISION 910 South Friendswood Drive - FRIENDSWOOD, TEXAS 77546-4856 TEXAS October 25, 2007 Tim Parker 902 Tall Pines Drive Friendswood Texas 77546 281-996-9119 Dear Mr. Parker: Upon review of the information given to me by Les McMahen and Mona Miller (attached) it is my determination that you will need to plat your property if you would like to obtain a building permit(s). The research that was done showed that Tract 2A did not exist as part of a recorded plat prior to the adoption of the current subdivision regulations in 2000 nor is it a tract for which a legal deed was filed on or before January 1, 1970. Attached is the information given to me to respond to you in a timely manner. You will be required to submit a building permit for this address and the permit will be denied because of the platting needing to be done prior to this. Frank Manigold,CFM Deputy Director of Community Development- Planning and Building Regulations 910 S.Friendswood Dr. Friendswood,Texas 77546 Phone: 281-996-3285 Fax: 281-996-3260 BUILDING INSPECTION&CODE ENFORCEMENT O ENGINEERING-PLANNING&ZONING OR 11 006-79/11 OR I 1 996_1290 City of Tnendswood Memorandum To: Frank Manigold, Deputy Director of Community Developement From: Les McMahen, P.E., Director of Community Development Date: October 23, 2007 Re: Platting of 704 Cowards Creek Drive On October 17, 2007, Tim Parker, 902 Tall Pines Drive, submitted an appeal (copy attached) of the City staff's ruling that he would have to plat the property he recently purchased at 704 Cowards Creek Drive before he could receive a building permit(s)for the property. Research on the property at 704 Cowards Creek Drive indicates that prior to March 17, 1976,the subject property, along with other land in the immediate vicinity, was owned by Cecil Brown, Jr. and wife Mary Brown. There exists an unrecorded plat or tax map of unknown date that shows the Brown property split into tracts, inclusive of Tract 2A which is now known as 704 Cowards Creek Drive. This document does not constitute a legal and recorded subdivision of the Cecil and Mary Brown land holdings. On or about March 17, 1976, Cecil Brown and Mary Brown sold Tract 2A to Norman S. Clauson and wife Kay O. Clauson. The Clausons in turn sold Tract 2A on or about June 13, 2003 to Ken Thrasher and wife Adrianna�Thrasher. The Thrashers in turn sold Tract 2A on or about November 3, 2006 to Timothy D. Parker and wife Amanda C. Parker. The Tract 2A has retained its original metes and bounds description through these various transactions, and is not, to the best of our determination,a part of Tract IA or Tract 3A. The City's Subdivision Code, Section I, Subsections d.I. and d.2. (copy attached) require Tract 2A as a minimum to be platted now since it did not exist as part of a recorded plat prior to the adoption of the current subdivision regulations in 2000 nor is it a tract for which a legal deed was filed on or before January 1, 1970. It would also be necessary for Tract 3A to be platted along with Tract 2A if Tract 3A is not excluded by it being a legally deeded tract prior to January 1, 1970. Additionally, Subchapter A. Regulation of Subdivisions of the Texas Local Government Code (copy in part attached), would require Tract 2A, and possibly Tract 3A, to be platted in order for it or them to be a legal subdivision of the original Cecil and Mary Brown land holdings. Until such a legal subdivision is effected, 704 Cowards Creek Drive would not qualify for a building permit(s) under Section I.b. of the City's Subdivision Code. Likewise, other lots involved in the referenced unrecorded plat should likewise have to be platted prior to the City issuing building permits for improvements to them. Therefore, it continues to be staff s position that Mr. Parker is required to plat Tract 2A, a.k.a. 704 Cowards Creek Drive, and possibly in conjunction with Tract 3A, in order to obtain a building permit(s)for the property. October 12, 2007 Les McMahen Mona Miller City of Friendswood Community Development 910 South Friendswood Drive Friendswood, Texas 77546 Dear Ms. Miller Dear Mr. McMahen Thank you again for organizing the DRC meeting on Wednesday, October 10,2007. This is a nice service the city offers the tax payers. Unfortunately, I still do not understand why your committee has determined that 704 Coward Creek Drive must be replatted,resurveyed,brought before the City and the Galveston Country Drainage District for approval. All of these steps have to be taken before the City will grant a permit to build a single family home. With this letter, I am requesting that the City of Friendswood provide me with a written statement detailing the exact reason or reasons for the denial of permit or why we cannot proceed to permit without the replatting of this lot. Please also list who makes up the Appeals committee and their respective names. I would sincerely appreciate a quick response so that I can proceed with legal representation and begin to prepare for the appeal on November 27, 2007. Kind Regards, Tim Parker 902 Tall Pines Drive Friendswood, Texas 77546 281-996-9119 001 :?, .I Rene/V ed�,n.TU/li/Fk�d:w r Deyelo�� I F T-.IjuNI SWOOD ZONING BOARD OF �0.JUSTNIENT _ REQUEST FOR � S-F- FEE: S100.00 � Applicant's Name: 1//� Pa (' � ` Phone: a �� o'_ `O Property Address: 76 q Co W a r A C r e er,.. pp Legal Description of Property (atta i certified metes &bounds): L.o 0 . - Property is in what county? e.5 f 0 From w"t ordinance (number and section) is variance being requested? — 7i� F0, K r q0a la P A Printed Name of Owner: Address of Owner: uc h-1; cra e _,: 2 !D 1(?-C 7 Designated Representative: Signatuze of Owner: Date: D SCRIBE TIDE VARIANCE YOU ARE SEEKING: �� c ess / ff (f S r V iro, i n a Y-� -�`1 p /I ee a �S o o P e 19 C. 81',tq . p-2sire Perm, f -1— +o -Ca �lY rJ e �0�15 Z0-7 3 : �S (�.�. W� l0 19 /07 Date&Time Received City Official: Date: ACCEPTING APPLICATION ON BEHALF OF CITY: /0/19/07 Name: Date: Fee Paid: Date: DISPOSITION OF CASE: GRANTED: DENIED: Chairman: Date: Chairman: Date: ZONING BOARD OF ADJUSTMENT Reason for decision (to be completed by the Chairman): )17 )17 17 °" OCT 2007, Received ; City of Friendswood fSy� Community Development �/ _kPPENDLX B—SUBDIVISIONS § I ORDINANCE NO. 2000-01 An ordinance of the City of Friendswood, Texas, setting forth regulations for subdivision development, outlining procedures for submission of plats; containing requirements and minimum design standards;describing required improvements;providing for the dedication of parkland and related matters; providing for the charging of fees by the city for certain procedural steps; providing a severability clause, "providing a penalty of an amount not to exceed$2,000.00 for each day of violation of any provision hereof;and repealing Ordinance No. 85-19, as amended, Ordinance No. 99-15, and all other ordinances or parts or ordinances inconsistent or in conflict herewith. WHEREAS, there is a decided need for comprehensive and concise guidelines covering the subdividing and development of property within the City of Friendswood and its extraterri- torial jurisdiction; and WHEREAS, the City of Friendswood has reviewed its existing ordinances and determined that due to legislative changes,changed circumstances in development practices,and the city's desire to make its regulations as clear and concise as possible, a complete revision of the subdivision ordinance and related regulations is in order; and WHEREAS,undertaking a revision of subdivision regulations allows the City to incorporate all related requirements into one document; and WHEREAS, the following is a list of minimum subdivision plat requirements to be completed prior to the submittal of any plat to the city planning and zoning commission for approval have been established. These are only minimiun requirements, and additional requirements may be imposed as determined by the city; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section I. General. a. Purpose: The purpose of this section is to establish the procedures and requirements for the submittal, review, consideration and action by the commission to provide the necessary details and orderly processing of the subdivision of land within the City of Friendswood and its extraterritorial jurisdiction. b. Plat approval required: It shall be unlawful for any person to subdivide any tract,lot, or parcel of land within the City of Friendswood or its extraterritorial jurisdiction unless and until a preliminary and final plat of such subdivision has been approved in accordance with the terms of this ordinance [appendix]. Unless and until a preliminary and final plat, amending plat or replat of a subdivision shall have been first approved in the manner provided herein by the commission,it shall be unlawful for any person to construct or cause to be constructed any street,utility,facility,building,structure,or any other improvement on any lot,tract,or parcel of land within such subdivision except as specifically permitted herein. CDB:3 § I li RIENDSWOOD CITY CODE No building, plumbing, electrical or mechanical permit shall be issued by the city for the construction or repair of any structure on a lot or tract in a subdivision for which a final plat has not been approved by the commission and filed for record. No building, plumbing, electrical, or mechanical permit shall be issued by the city for the construction or repair of any structure on a lot or tract in a subdivision in which the permanent public improvements have not been approved and accepted by the city. c. Authority: The city shall not repair, maintain, install or provide any street or public utility service,nor authorize the sale or supply of water or sewer service,in any subdivision for which a final plat has not been approved by the commission and filed for record. The city shall not repair, maintain, install, or provide any street or public utility service, nor authorize the sale or supply of water or sewage service, in any subdivision in which the permanent public improvements have not been approved and accepted by the city. d. Exemptions: The provisions of these subdivision regulations shall not apply to: 1. Land legally platted and approved prior to the effective date of these subdivision regulations with frontage on an approved public street, except as otherwise provided herein(construction of facilities shall conform to the current design criteria in effect at the time of construction) or; [sic] 2. Land constituting a single, contiguous tract or tracts with frontage on an approved public street, for which a legal deed of record describing the boundary of said tract or parcel was filed of record in the deed records of the county clerk of the appropriate county on or before Jan. 1, 1970. 3. Sales of tracts of land by metes and bounds or tract on which no improvements or alterations dividing the original tract is occurring. 4. Divisions of land created by order of a court of competent jurisdiction. 5. Subdivision development that is exempt by state law. 6. Existing tracts with approved public infrastructure and the use doesn't change or expand. 7. Existing developed tracts of land with existing building or other private improve- ments,where substantial improvements or modifications are proposed that will have no additional impact on the adequacy of existing public infrastructure. The existing developed tracts shall have frontage on a public or private street and the public infrastructure shall be readily available and accessible and include: (a) Public waterlines that provide sufficient domestic water and fire protection for the proposed and existing improvements. (b) Public sanitary sewer collection system of sufficient size to accommodate the effluent from proposed and existing improvements. (c) Public and/or private streets, with existing minimum required right-of-way, able to accommodate traffic generated by the proposed and existing improvements. CDBA s r.r 51Tt .^a "�v"' �s�i�+ 4a'a�2'''~ �ss;-c _ '�k�,�hr ��'�'�"S^3R�-�s��'�-�''C1'?6��•.s:� #r"_' - .; �.Ee ` �"C- ¢t�y� .. �� i 5 LOCAL GOVERNMENT CODE !j! Section ,�• Section 212.152. Definition. {. SUBCHAPTER B. REGULATION OF PROPERTY DEVELOPMENT 212.153. Scut to Enforce Restrictions. 212.1535. Foreclosure by Property Owners'Association. 212.041. Municipality Covered by Subchapter. 212.154. Limitation on Enforcement. ?•I, 212.042. Application of Subchapter A 212.J.. Notice to Purchasers. #� 212.043. Definitions. Rules,and Ordinances. 212.156. Enforcement By Ordinance; Civil Penalty. 212.044. Plans, 212.157. Governmental Function. 212.045. Development Plat Required. s• 212.046. Restriction on Issuance of Building and Other 212.158. Effect on Other Law. . } Permits by Muncipality, County, or Official of Other Governmental Entity. SUBCHAPTER G. AGREEMENT GOVERNING 212.047. Approval of Development Plat. CERTAIN LAND IN A MUNICIPALITY'S 212.048. Effect of Approval on Dedication. EXTRATERRITORIAL JURISDICTION 212.049, Building Permits in Extraterritorial Jurisdiction. ,K.'" 212.050. Enforcement; Penalty. 212.171. Applicability. lyr6;", 212.172. Development Agreement. ' '�'• SUBCHAPTER C. DEVELOPER PARTICIPATION IN 212.173, Certain Coastal Areas. CONTRACT FOR PUBLIC IMPROVEMENTS 212.174. Municipal Utilities. 212.071. Developer Participation Contract. SUBCHAPTER Z. MISCELLANEOUS PROVISIONS 212.072. Duties of Parties Under Contract. 212.073. Performance Bond. 212.901. Developer Required to Provide Surety. 4 212.074. Additional Safeguards; Inspection of Records. 212.902. School District Land Development Standards. 212.903. Construction and Renovation Work on County- SUBCHAPTER D. REGULATION OF PROPERTY Owned Buildings or Facilities in Certain Coun- DEVELOPMENT PROHIBITED IN CERTAIN ties. CIRCUMSTANCES 212.904. Apportionment of Municipal Infrastructure Costs. 212.101. Application of Subchapter to Certain Home-Rule Municipality. I1 212.102. Definitions. SUBCHAPTER A. REGULATION 212.103. Traffic or Traffic Operations. OF SUBDIVISIONS 212.104. Provision Not Enforceable. 212.105. Subchapter Controls. 1, Definitions 1, § 212.00 SUBCHAPTER E. MORATORIUM ON PROPERTY In this subchapter: DEVELOPMENT IN CERTAIN CIRCUMSTANCES "Extraterritorial jurisdiction means a mumc- 212.131. Definitions. ipality's extraterritorial jurisdiction as determined 212.132. Applicability. y, 212.133. Procedure for Adopting Moratorium under Chapter 42, except that for a municipality 212.134. Notice and Public Hearing Requirements. that has a population of 5,000 or more and is located 212.135. Justification for Moratorium: Shortage of Essen- in a county bordering the Rio Grande River, "extra- tial Public Facilities; Written Findings Re- territorial jurisdiction" means the area outside the ti�I quired. t 212.1351. Justification for Moratorium: Significant Need municipal limits but within five miles of those limits:' IJ ;i for Public Facilities; Written Findings Re- (2) "plat"includes a replat. quired. 212.1352. Justification for Commercial Moratorium in Cer- Acts 1987,70th Leg.,ch.149,§ 1,eff.Sept. 1,1987. Amend-twin Circumstances; Written Findings Re- ed by Acts 1989,71st Leg., ch. 1, § 46(b),eff.Aug.28;'1989• quured. I 212.136. Expiration of Moratorium; Extension. 212.1361. Notice for Extension Required. § 212.002. Rules 212.1362. Expiration of Moratorium on Commercial Proper the overning ty in Certain Circumstances; Extension. After a public hearing on the matter, g q body of a municipality may adopt rules governing 212.137. Waiver Procedures Required. 212.138. Effect on Other Law. plats and subdivisions of land within the municipa orals,or 7 or lid 212.139. Limitation on Moratorium. jurisdiction to promote the health, safety, m A6 SUBCHAPTER F. ENFORCEMENT OF LAND USE general welfare of the muncipality and the safe, .. li RESTRICTIONS CONTAINED IN PLATS AND derly, and healthful development of the mwnciptY: OTHER INSTRUMENTS •: 1 Acts 1987,70th Leg.,ch.149,§ 1,eff.Sept.1,1987.: s€; 212.151. Municipality Covered by Subchapter. 434 r�E` LAND USE & RELATED ACTIVITIES § 212.004 I� § 212.0025: Chapter-Wide Provision Relating o (5) the e constructed size, type, or method of construction of a t :I 1 - Regulation of Plats and 5ubdivi- water or wastewater facility that can b ,li ur sions in Extraterritorial Jurisdic- to serve a developed tract of land if: ; tion. (A) the facility meets the minimum standardssk4 of a municipality under this chapter established for water or wastewater facilities by ��L The authority. state and federal regulatory entities; and relating-to the regulation of plats or subdivisions in B the developed tract of land is: s extraterritorial jurisdiction is sub- the municipality on prescribed by an (i) located in a county with a population of 2.8 �' : ect to any applicable lunitatl p 1''y f �3` J million or more; and J] k- agreement under Section 242.001. �'- (ii) served by: _ Added b 2003. y Acts 2003, 78th Leg., ch. 523, § 6, eff. June 20, (a) on-site septic systems constructed before sections 12,13 of Acts 2003,78th Leg.,ch.523 provides: September 1, 2001, that fail to provide adequate "Sec. 12. If any provision of this Act or its application to any SerV1C0S; Or county, municipality, or circumstance is held invalid, the invalidity (b) on-site water wells constructed before Sep- F E does not affect other provisions or applications of this Act that can be tember 1, 2001, that fail to provide an adequate given effect without the invalid provision or application, and to this s , end the provisions of this Act are declared to be severable. supply of safe drinking water. - "Sec. 13. Except as provided by Section 242.001(i), Local Govern- A fine or criminal penalty prescribed by the ment Code,as added by this Act,the changes in law made by this Act �) I� to Chapters 212,232,and 242,Local Government Code,applpl y only to ordinance does not apply to a violation in the extrater- N a development agreement or subdivision plat that is filed on or after ritorial jurisdiction. the effective date of this Act, and to the subdivision covered by the i plat. A development agreement or subdivision plat that is filed (c) The municipality 15 entitled to appropriate in- ;� before the effective date of this Act,and the subdivision covered by unetive relief in district court to enjoin a violation of the plat,are governed by the law in effect immediately preceding that date, and the former law is continued in effect for that purpose." municipal ordinances or codes applicable in the extra- 04' territorial jurisdiction. § 212.003. Extension of Rules to Extraterritorial Acts 1987,70th Leg.,ch.149,§ 1,eff.Sept. 1,1987. Amend- Jurisdiction ed by Acts 1989,71st Leg.,ch. 1, § 46(b),eff.Aug.28, 1989; fi. Acts 1989, 71st Leg., ch. 822, § 6, eff. Sept. 1, 1989; Acts I' y (a) The governing body of a municipality by ordi- 2001, 77th Leg., ch. 68, § 1, eff. Sept. 1, 2001; Acts 2003, nance may extend to the extraterritorial jurisdiction of 48th Leg.,ch.731,§ 3,eff.Sept.1,2003. s on of municipal ordi- tin 2 of Acts 2001,77th Leg.,ch.68 provides: the municipality the application P Section tb) u- law made b this Act applies only to: �, S Zan d other m The change m Y P nances adopted under Section 212.00 "(b) g nicipal ordinances relating to access to public roads or "(r)water and wastewater facilities under construction on the the pumping, extraction, and use of groundwater by effective date of this Act; and persons other than retail public utilities, as defined by "(2)water and wastewater facilities for which construction begins _ on or after the effective date of this Act." ode for the purpose of pre- Section 7(b)of Acts 1987,70th Leg.,ch.1102 provides: Section 13.002, Water C , p venting the use or contact with groundwater that "The addition by this Act of Sections 9A and 10 to Chapter 231, ; presents an actual or potential threat to human health. Acts of the 40th Legislature, Regular Session, 1927 (Article 974a, ; d b State law, in Vernon's Texas Civil Statutes), applies to a subdivision of land However, otherwise authorize y ess of whether it was made before,on,or after September 1, unless regardless i its extraterritorial jurisdiction a municipality shall not 1987." - r r i egulate: 04. Plat Required 212.0 (1) the use of any building or property for busi- ness,industrial,residential,or other purposes; (a) The owner of a tract of land located within the n- Emits or in the extraterritorial jurisdiction of a munici- or number of buildings co the tract in two or more parts to (2) the bulk, height, palmy who divides d including an addition structed on a articular tract of ran "out a subdivision of the tract,inclu g P ]ay - (3) the size of a building that can be constructed to'a*municipality, to lay out suburban, building, or !;� r on a particular tract of land, including without other lots, or to lay out streets, alleys, squares,parks; > limitation any restriction on the ratio of building or other parts of the tract intended to be dedicated to floor space to the land square footage; public use or for the use of purchasers or owners of (4) the number of residential units that can be lots fronting on or adjacent to the streets, alleys, squares,parks, or other parts must have a plat of the built per acre of land; or ?a 435 II x lid : q � :n av FW. 1' �� •1 1 wag �,��s�•. �'�y�r-'CS=-s� �� _ 9 § 212.004 LOCAL GOVERNMENT CODE -'�j',!, subdivision prepared. A division of a tract under this me h plat under Subchapter B if that subchapter r � includes a division regardless of whether it applies to the municipality. me subsect ion n g n m a 1989 71st Leg., ch. 1, § 46(b), eff. Aug. 28, i description d b Acts g is made by using a metes and bounds de p Addled y deed of conveyance or in a contract for a deed, by 1989. using a contract of sale or other executory contract to § 212.0046. Exception to Plat Requirement: Cer- f convey, or by using any other method. A division of tain Property Abutting Aircraft land under this subsection does not include a division Runway of land into parts greater than five acres, where each part has access and no public iinprovement is being An owner of a tract of land is not required to dedicated. prepare a plat if the land: (b) To be recorded,the plat must: (1) is located wholly within a municipality with a population of 5,000 or less; (1) describe the subdivision by metes and bounds; (2) is divided into parts larger than 2' acres; and (2) locate the subdivision with respect to a corner j of the survey or tract or an original corner of the (3) abuts any part of an aircraft runway. k. original survey of which it is a part; and Added by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. 28, (3) state the dimensions of the subdivision and of 1989. i, each street, alley; square, park, or other part of the § 212.005. Approval by Municipality Required ✓ i tract intended to be dedicated to public use or for The municipal authority responsible for.approving the use of purchasers or owners of lots fronting on ark, or plats must approve a plat or replat that is required to or adjacent to the street, alley, square, p be prepared under this subchapter and that satisfies 1, other part. i, all applicable regulations. (c) The owner or proprietor of the tract or the Acts 1987 70th Leg.,ch.149,§ 1,eff.Sept.1,1987. Amend- � j owner's or proprietor's agent must acknowledge the ed by Acts 1989,71st Leg., ch. 1, § 46(b),eff.Aug.28,1989; plat in the manner required for the acknowledgment Acts 1993, 73rd Leg., ch. 1046, § 2, eff. Aug. 30, 1993. of deeds. (d) The plat must be filed and recorded with the § 212.006. Authority Responsible for Approval county clerk of the county in which the tract is Generally located. (a) The municipal authority responsible for ap- (e) The plat is subject to the filing and recording proving plats under this subchapter is the municipal planning commission or, if the municipality has no i provisions of Section 12.002,Property Code. lanning commission, the governing body of the mu Acts 1987,70th Leg.,ch.149,§ 1,eff.Sept.1,1987. Amend- nicipality. The governing body by ordinance may re- _ ed by Acts 1989,71st Leg., ch. 1, § 46(b),eff.Aug. 28; 1989; Acts 1989,71st Leg.,ch.624, § 3.02, eff. Sept. 1, 1989; Acts quire the approval of the governing body in addition 1993 73rd Leg., 104G,§ 1,eff.Aug.30,1993. to that of the municipal planning commission. Section 7 of Acts 1987,70th Leg.,ch.1102 provides: (b) In population p In a municipality with a o ulation of more than "The amendment by this Act of Section 1 of and the addition by this Act of Section 1B to Chapter 231, Acts of the 40th Legislature, 1.5 million, at least two members of the municipal Regular Session, 1927 (Article 974a,Vernon's Texas Civil Statutes), planning commission, but not more than 25 percent o1` r apply only to a subdivision of land for which a plan,plat or replat is first required to be filed on or after September 1,1987,except for the the membership of the commission,must be resident` r validations made by Section 1B" of the area outside the limits of the municipality and in which the municipality exercises its authority:-to § 212.0045. Exception to Plat Requirement: Mu- approve subdivision plats. } ; nicipal Determination Acts 1987,70th Leg.,ch.149,§ 1,eff.Sept.1,1987. Amend- e> (a) To determine whether specific divisions of land ed by Acts 1989, 71st Leg.,ch. 1, § 46(b), eff.Aug.28,1989. are required to be platted, a municipality may define and classify the divisions. A municipality need not § 212.0065. Delegation of Approval Responsibility.' require platting for every division of land otherwise (a) The governing body of a municipality may dele- t within the scope of this subchapter. gate to one or more officers or employees of the (b) In lieu of a plat contemplated by this subchap- municipality or of a utility owned or operated by the ter, a municipality may require the filing of a develop- municipality the ability to approve: 436 ' rl: Mayor N DAVID J.H.SMITH City of Friendswood Councilmembers LAURA EWING 910 South Friendswood Drive JOII IMI�OUR Friendswood, Texas 77546-4856 LESLIE REID (281)996-3270 W.CHRIS PEDEN Fax: (281)482-1634 ANDYRIVERA EXA City Manager BO McDANIEL City Secretary DELORIS McKENZIE,TRMC November 15,2007 TO WHOM IT MAY CONCERN: In accordance with State and Local Zoning Law, all owners of land within two hundred feet of any property being considered for an appeal, variance, or a special exception must be afforded an opportunity to address the subject at a public meeting held for this purpose. You are hereby notified that the Friendswood Zoning Board of Adjustment will hold a Public Hearing to consider a request for a variance that may be of interest to you. PROPERTY OWNER: Tim Parker LOCATION OF PROPERTY: 704 Cowards Creek, Galveston County,Texas REQUESTED APPEAL: Appealing the decision of the Zoning Official denying building permit because of necessity of platting for property located at 704 Cowards Creek Drive, situated in Lot 1, Block B, known as Tract 2-A, Central Park Subdivision, Galveston County, Texas, to build a single family home. Appeal from the decision of the Zoning Official regarding Appendix C, section 9(b) in conjunction with Appendix B, Section 1 of the Friendswood City Code The hearing will be held at Friendswood City Hall, Council Chamber, 910 S. Friendswood Drive, Friendswood, Texas. Documentation is available for review at the City Secretary's Office, 910 S. Friendswood Drive, Friendswood,Texas. DATE: November 27,2007 TIME: 7:00 PM Deloris McKenzie,TRMC City Secretary i i 704 Cowards Creek 30 o� 604 Is. 2p� 3p1 �p6 30g 405 1p 109 \` e 205 602 �\ 41 caa 3p 0 ,��`� �a° 408 N 207 rpm �� ^p 204 610 �pr0 402 206 �l s4 --404 0 208 ��®f0 309 I.,LO 302 ® \ 705 315 g� 508 308 704 �y Oa 403 � 209 402 505 _l- 708 \ 802 \\ Legend \ Street Names CPO '!` 702 607 --Creeks 707 ''` ?'::i:;i;• cp is '•,. 4 0 Galveston County_Parcels Parks 801 802 ®Schools e Parcels \ 701 N City Limits 803 806 707 /� r' Counties 803 805 808 805 j 702 o � 900 p � 704 809 806 902 /a 3,e ° �e 910 s e� 910 901 v \ 807 905 911 911 914 913 Fed 0 160 320 640 NAME ADDRESS CITY DYER, EDWARD G 707 COWARDS CREEK DR FRIENDSWOOD, TX 77546-4403 USON, NORMAN S Go MOON CREDIT CORP PO BOX 3487 PASADENA, TX 77501 JE�GERTON, JOHN R MD 4209 HOUSE OF YORK AUSTIN, TX 78730 &B BROWN MANAGEMENT TRST 702 IDLEWOOD DR FRIENDSWOOD, TX 77546 ELBY, SCOTT D& BETTY S 701 COWARDS CREEK FRIENDSWOOD, TX 77546 tM—ITH, GERARD 702 COWARDS CREEK DR FRIENDSWOOD, TX 77546-4404 HRASHER, KEN &ADRIANNA 4322 SWEET CICELY CT HOUSTON, TX 77059 DD, ALTON C & NARIMAN PARK PO BOX 1587 FRIENDSWOOD, TX 77546 I 704_Cowards_Creek Property Owners List Envelopes f NAME ADDRESS ADDRESS2 CITY TODD,ALTON C&NARIMAN PARK TODD PO BOX 1587 FRIENDSWOOD, TX 77546 SMITH, GERARD 702 COWARDS CREEK DR FRIENDSWOOD, TX 77546-4404 G&B BROWN MANAGEMENT TRST 702 IDLEWOOD DR FRIENDSWOOD, TX 77546 THRASHER, KEN &ADRIANNA 4322 SWEET CICELY CT HOUSTON, TX 77059 CLAUSON, NORMAN S % MOON CREDIT CORP PO BOX 3487 PASADENA,TX 77501 MELBY, SCOTT D& BETTY S 701 COWARDS CREEK FRIENDSWOOD, TX 77546 BOYER, EDWARD G 707 COWARDS CREEK DR FRIENDSWOOD, TX 77546-4403 EXP-CLEAR CREEK DRAINAGE DIST EXP-CLEAR CREEK DRAINAGE DIST EGERTON, JOHN R MD 4209 HOUSE OF YORK AUSTIN, TX 78730 704 Cowards Creek