Title: An ordinance amending the zoning classification for property located at East F.M. 528,
approximately. 5965 acres out of Reserve H, Block 17 in Forest Bend Section 3, a Lot not currently
designated by street address in the City of Friendswood, Harris County, Texas, from
Neighborhood Commercial" ( NC) to " Neighborhood Commercial — Specific Use Permit" ( NC-
SUP) to allow NAICS use# 4413, " Automotive parts, accessories, and tire stores").
ORDINANCE NO. 2014- 13
AN
ORDINANCE
ORDINANCES
OF
THE
AMENDING
THE
CITY
OF
CODE
OF
FRIENDSWOOD,
TEXAS, APPENDIX C — " ZONING," BY AMENDING THE
ZONING CLASSIFICATION FOR EAST F.M. 528 ROAD,
AN APPROXIMATELY . 5965 ACRE TRACT OUT OF
RESERVE H, BLOCK 17 IN FOREST BEND SECTION 3,
CITY OF FRIENDSWOOD, HARRIS COUNTY, TEXAS;
REZONING SUCH PROPERTY FROM " NEIGHBORHOOD
COMMERCIAL"
( NC)
TO
" NEIGHBORHOOD
COMMERCIAL—SPECIFIC USE PERMIT" ( NC- SUP) TO
ALLOW
NAICS
USE # 4413,
" AUTOMOTIVE
ACCESSORIES, AND TIRE STORES';
AMENDMENT
OF
THE
PARTS,
PROVIDING FOR
OFFICIAL
ZONING
MAP;
PROVIDING
A PENALTY IN AN AMOUNT NOT TO
EXCEED $2, 000 FOR EACH DAY OF VIOLATION OF ANY
PROVISION
HEREOF;
AND
PROVIDING
FOR
SEVERABILITY.
WHEREAS,
Long
Van
Dang
is the
owner ("
Owner")
of East F. M. 528 Road, an
approximately . 5965 acre tract out of Reserve H, Block 17, in Forest Bend
Section 3, ( not
currently designated by street address), recorded in Volume 180, Page 73, Map Records Harris
County, Texas ( M.R.H.C.T.) and being that same tract conveyed to Long Van Dang And Huong
Minh Tran recorded in County Clerk File No. ( C.C.F. No.) 20080178644, in the City of
Friendswood, Harris
County,
Texas ("
Property"), more specifically described in the attached
Exhibit" A", which is incorporated by reference for all purposes and made a part hereof; and
WHEREAS, the Owner has made application to the City to change the zoning
classification
of
the
Property
from " Neighborhood
Commercial — Specific Use Permit" ( NC- SUP) to
Commercial" ( NC) to " Neighborhood
allow
for NAICS
use
4413, " Automotive
parts, accessories, and tire stores"
as depicted in the site plan contained in Exhibit B, which is
incorporated by reference; and
WHEREAS, the Planning and Zoning Commission and the City Council have
conducted, in the time and manner required by law and the City Code of Ordinances, a public
hearing on such request, allowing all persons attending to be heard on the question of whether
the changes of the uses being requested would affect the public health, safety, or general welfare
of the citizens of Friendswood; and
WHEREAS, the Planning and Zoning Commission has filed its written report with City
Council, which recommends approval of the application; and
WHEREAS, the City Council deems it appropriate to grant such request, subject to
applicable regulations, restrictions, exclusions, and conditions; and
WHEREAS, City Council has determined that all public notices have been posted and
published, all required hearings on this matter have been held, and that this Ordinance complies
with the applicable provisions of the City Charter, City Code and all other applicable laws;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
Section 1.
The facts and matters set forth in the preamble of this Ordinance are
hereby found to be true and correct. The representations of Owner/Applicant, ( as referenced in
its application for zone change from NC to NC- SUP), the final report/minutes from the Planning
Zoning Commission, and applicant' s representations to the City Council, are incorporated by
reference which City Council is specifically relying upon in granting Owner' s request for this
zone change to ( NC- SUP), together with the corresponding requirements for compliance with
the Code of Ordinances of the City of Friendswood ( Code), specifically including the attached
site plan/ landscape plan, photometric plan, building floor plan and building elevations all
contained in Exhibit B, as provided hereafter.
Ord 2014- 13
2
Section 2.
Zoning" (" Zoning
Property,
The Code of Ordinances of the City of Friendswood, Appendix C —
Code")
is hereby amended to change the zoning classification of the
from " Neighborhood Commercial' ( NC) to " Neighborhood Commercial — Specific
Use Permit' ( NC-SUP) to allow for NAICS use 4413, " Automotive parts, accessories, and tire
stores"
conditioned upon compliance with the specific details of the site plan/ landscape plan
Exhibit 132), and related requirements, referenced in the photometric plan, building elevations,
building floor plan, and visual depictions, all of which are contained, specifically identified, and
incorporated by reference in the attached Exhibit B.
Section 3.
The Zoning District Map of the City of Friendswood shall be revised and
amended to show the designation of the Property, as described and as provided in Section 2
above, with the appropriate reference thereon to the number and effective date of this Ordinance,
and a brief description of the nature of the change.
Section 4.
This Ordinance shall in no manner amend, change, supplement, or revise
any provision of any ordinance of the City of Friendswood, save and except the amendments
permitted herein of said Property as described in Section 2 hereof.
Section 5.
In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or pant of this Ordinance or the application of the same to any person or circumstance
shall for any reason be adjudged invalid or held unconstitutional by a court of competent
jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or
provision hereof other than the part declared to be invalid or unconstitutional; and the City
Council of the City of Friendswood, Texas, declares that it would have passed each and every
part of the same notwithstanding the omission of any and every part of the same notwithstanding
the omission of any such part thus declared to be invalid or unconstitutional, or whether there be
one or more parts.
Section 6.
Any person who shall willfully, intentionally, or with criminal negligence
violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined in an amount not to exceed $ 2, 000.00. Each day of violation
shall constitute a separate offense.
Ord 2014- 13
3
PASSED AND APPROVED on first reading this 2nd day of June, 2014.
PASSED, APPROVED, AND ADOPTED on second and final reading this 14th day
of Julv, 2014.
Kevin M. H
Mayor
ATTEST:
TU-
11
Melinda Welsh, TRMC
City Secretary
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Ord 2014- 13
`
4
' nd
Exhibit " A" to Ordinance No. 2014- 13
Description of property located at East FM 528:
1.
Survey with Metes and Bounds description
2.
Location Map
3.
Aerial Map
4.
Zoning Map
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STATE OF TEXAS
COUNTY OF HARRIS
§
BEING 0. 60 ACRE( 25,977 SQUARE FEET) TRACT OF LAND OUT OF AND A PART OF
RESERVE " H", BLOCK 17, FOREST BEND, SECTION 3 RECORDED IN VOLUME 180,
PAGE 73, MAP RECORDS HARRIS COUNTY, TEXAS ( M.R.H.C.T.) AND BEING THAT
SAME
TRACT CONVEYED TO
LONG VAN
BANG AND
HUONG MINA TRAN
RECORDED IN COUNTY CLERK FILE No. ( C.C.F. No.) 20080178644, OPFFICIAL
RECORDS HARRIS COUNTY, TEXAS( O.R.H.C.T.) AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS: ( BEARINGS ARE BASED IN
VOL. 180, PG. 73, M.R.H.C.T.)
COMMENCING at a point in the north right-of-way ( R.O.W.) line of F. M. Highway 528( 100'
R. O.W.) for the southeast corner of said Reserve" I-I';
THENCE S 81° 12' 44" W, 350.66' ( called 350. 00'), along the north R.O. W. line of said F.M.
Highway 528 to a point for the common Southeast corner of herein described Tract, the
southwest corner of a called 0. 585 acre tract conveyed to Camell R. Allison, Sr. and vvife,
Dorothy Allison recorded in C.C.P. No. M581752, O. R.B.C. T, and the POINT OF BEGINNING;
THENCE
S 81° 12' 44" W, 152. 85', continuing along the north R.O. W. line of said F.M.
Highway 528 and the common South line of herein described Tract to a found 5/ 8" iron rod for
the common Southwest comer of herein described ' Pratt and an exterior corner of Seahawk
Apartments( entrance) recorded under Film Code No. 424008, M.R.H.C. T.;
THENCE N 08° 16' 07" W, 169.95'( called N08°47' 16" W, 170.00'), departing the north R.O.W.
line of said F.M. Highway 528 and along the common West line of herein described Tract and an
east line of said Seahawk Apartments ( entrance) to a found 5/ 8" iron rod for the common
Northwest corner of herein described Tract and an interior corner of said Seahawk Apartments;
THENCE N 81° 12' 38" E( called N81° 12' 44" E), 152. 85', along the common North line of herein
described Tract and a south line of said Seahawk Apartments to a found W' iron rod for the
common Northeast corner of herein described Tract and the northwest conker of said called 0. 585
acre tract conveyed to Camell R. Allison, Sr. and wife, Dorothy Allison;
THENCE S 08° 16' 07" E, 169. 96'( called S08° 47' 16" E, 170. 00'), along the common East line
of herein described Tract and the west line of said called 0.585 acre tract conveyed to Carrell R
Allison, Sr. and wife, Dorothy Allison to the POINT OF BEGINNING containing 0. 60 acre
25, 977 square feet) of land.
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Counties
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Drsclairnec This product is forinformalional puposes and may not have been prepared for or be suitable ibrlegal engineering, or surveying purposes. It does not represent an on-lheymund survey andreprosents
only the approximate relative location of pmpedy boundaries. Gov C.§ 2501. 102 The user is encouraged to independently verily all information contained in this product. The City of Fnerldr,vend makes no
representation or warranty as to the accuracy of this product orlo its fitness fora particvlarpuipose. The user( 1) accepts the pwduct AS IS, WITH ALL FAULTS,( 2) assumes all responsibility for the use thereof,
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only the approximate relative location of property boundaries. Gov C§ 2501. 102 The user is encouraged to independently verify all information contained in this product. The City of Fnendavood makes no
representation or warranly as to the accuracy of thisproductor to its fitness for a parficularpurpose. The user.( 1) accepts the product AS IS, WTH ALL FAULTS;( 2) assumes all responsibility forthe use themof,
and( 3) releases the City of Friendswood from any damage, loss, orfiabiffly adshI from such use
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Disclaimer. This product is forinfonuational purposes andinay not have been prepared foror be suitable forle9al, engineering, orsuna ying purposes. It does not represent an on- the-ground survey and represents
only the appmxtmale relative location of prepedy boundaries. Gov C.§ 2501. 102. The useric encourage] to independently verify all information containedln this product. The City of Frientlswood makes no
representation or wananlyas to the accuracy of this product or to its llness for a particularpurpose. The user.( 1) accepts the preductAS IS, WITHALL FAULTS;( 2) assumes allresponsibiAly for the use thereof,
and 3 re/eases the City of RYendswood fmm any damage, loss, orcability arising/ rom such use.
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Exhibit `B" to Ordinance No. 2014- 13
1.
2.
Application
Site Plan/ Landscape Plan ( including building floor plan, building elevations, and
photometric plan).
3.
Visual depictions ( 1- 3)
CITY OF FRIENDSWOOD
SPECIFIC USE PERMIT APPLICATIONnU OYI<<<(
DEYL'
REQUESTE
DATE FILED:'
FROM:
DATE OF PUBLIC HEARING:
T0;
FEE: $ 300.00
PROPERTY
IDENTIFICATION: l
Street/ RoadAddress:
Cg5l
Lot:
SZ' e
lt' OL
/
2[ cnpCdwaaoL jC 775' tz6
6Y , Block:/ 7 , Addition: fit ta{ b'¢00 SAC ri cii 3
LEGAL DESCRIPTION:
Describe from deed records, attach copy of filed deed, and include a Metes and Bounds description.
tit 4
PLATTED LAND:
UNPLATTED LAND( Must have certified metes and bounds description, Including name and address
and telephone number of surveyor)
RECORDED OWNER:
OWNER' S INFORMATION
LONG VAN DANG
NAME:
PHONE NUMBER:
MAILING ADDRESS
CITY
EMAIL ADDRESS;
713- 637- 4436
Iongdang528CDhotmaii. com
FAX#;
16914 SANDY REEF CT
FRIENDSWOOD
STATE
TX
77546
ZIP
AGENT' S INFORMATION
NAME:
4r/z/ c/
z
PHONE NUMBER:
AtDNIVao
713, qrl. 9co
MAILING ADDRESS_ 1170
EMAIL ADDRESS:. Pk-l' iEka I px.- ifL.Eev-FAX#: °)
13. '( 0. r30/
Acc
CITY
STATE
Tic
ZIP
77s' s/
In authorizing an agent to represent the owner, the owner attests that his/her agent may make verbal or written
representations and/or deolarations on the owner's behalf and the owner understands and acknowledges that the
City of Friendswood shall rely upon the agent'srepresentations In matters pertaining to the above described
property.
The designation of an agent in this matter in no way absolves the owner of any of the owner's
responsibilities outlined by the City of Friehdswood.
PETITION;
Signature—
As owner/agent, I hereby petition the City for approvalof the above described request as
provided by the laws of the State of Texas and 0 i antes of fha C,ity f Friendswood,
L" Waa ft
Signature:
Owner)
FEE _
2-
4/ 16/2009
km
ko'c-
7
–1A,
_1
Agent)
)
DATE PAID:
i`
—'°ti°
1
z RECEIPT NUMBER:
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