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Home My WebLink AboutOrdinance No. 2023-02ORDINANCE NO.2023-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR NAICS USE NO. 813110 "RELIGIOUS ORGANIZATIONS" FOR THE PROPERTY LOCATED AT LOCATED AT 1376 W. PARKWOOD AVE., FRIENDSWOOD, GALVESTON COUNTY; TEXAS, AND MORE PARTICULARLY DESCRIBED AS LOT 1, BLOCK 1 OF THE L. CHRISTOPH SUBDIVISION, SECTION 1, FRIENDSWOOD, GALVESTON COUNTY, TEXAS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FRIENDSWOOD CONSISTENT THEREWITH; PROVIDING A MAXIMUM PENALTY OF TWO _ THOUSAND AND N0/100 DOLLARS ($2,000.00); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, PUBLICATION AND AN EFFECTIVE DATE, WHEREAS, Jack Templeman, authorized agent for the properly owner HighPoint Church of Texas, Inc., (the "Applicant") submitted an application and all required plans for a Specific Use Permit, for property located at 1376 W. Parkwood Ave., Friendswood, Galveston County, Texas, being more specifically described as Lot 1, Block 1 of the L. Christoph Subdivision Section 1, Friendswood, Galveston County, Texas (the "Property"); and WHEREAS, in such application, the Owner requested the City to change the zoning classification of the Property by granting a Specific Use Permit for NAICS Use No. 813110 "Religious Organizations" that will overlay the Property, which is zoned Single Family Residential (SIR), to allow the Property to be used for "Religious Organizations" pursuant to the plans submitted with the application; and WHEREAS, the Commission, after due notice, conducted a public hearing on the application; considered the application, the relevant support materials, and public testimony; and prepared and delivered a final report and recommendation to the City Council to approve the proposed specific use permit based upon the criteria enumerated in Section 9.G.5 of Appendix C "Zoning" of the Friendswood City Code; and WHEREAS, the City Council, after giving the proper notice of the public hearing as prescribed in Section 15 of Appendix C "Zoning" of the Friendswood City Code, held on this day the public hearing on the application for a Specific Use Permit; and WHEREAS, at the public hearing the City Council considered the application, the Commission report, the relevant supporting materials and the public testimony given at the public hearing; and WHEREAS, after the close of the public hearing, the City Council made an affirmative finding: 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 and other necessary supporting facilities have been or will be provided; d. The design, location and arrangement of all driveways and parking spaces provides 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 prevent or control offensive odor, fumes, dust, noise and vibration; f. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; g. That there are sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; and h. That the proposed use is in accordance with the comprehensive plan; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. That the facts and matters set forth in the preamble of this ordinance are hereby found to be hue and correct. Section 2. That the City Council hereby grants the Specific Use Permit, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purpose, to allow NAICS Use #813110 'Religious Organizations" to overlay the Property, which is zoned Single Family Residential (SFR), to be used for 'Religious Organizations" pursuant to the plans submitted with the application. Section 3. The Official Zoning Map of the City of Friendswood is hereby amended to show the designation of the Property as described and provided in Section 2 hereinabove. The City Council hereby directs the Mayor to sign and the City Secretary to attest to an entry on such map containing the number and effective date of this ordinance along with a brief description of the nature of the change in accordance with Section 3.A.(3), Appendix C of the Friendswood City Code. Section 4. This ordinance shall in no manner amend, change, supplement or revise any provision of any ordinance of the City of Friendswood, save and except the change in zoning classification of said Property as described in Section 2 hereof. Section 5. A violation of this ordinance is subject to the penalty provisions contained in Section 1-14 of the Friendswood City Code and as otherwise provided by law. Any person who shall intentionally, knowingly, recklessly, or with criminal negligence fail to comply with 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 act of violation and each day upon which any such violation shall occur shall constitute a separate offense. Section 6. That all ordinances or pacts of ordinances in conflict or inconsistent with this ordinance are hereby expressly repealed. Section 7. In the event any section, puagraph, subdivision, clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof, other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any and every part of the same, notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 8. That the City Secretary shall give notice of the enactment of this ordinance by promptly publishing the caption of this ordinance after final passage in the official newspaper of the City. Section 9: This ordinance shall take effect upon its publication and the proper entry on the official zoning map in accordance with Section 3.A.(3), Appendix C of the Friendswood City Code. PASSED, APPROVED and ADOPTED on first and final reading by the affirmative vote of the City Council of the City of Friendswood on this the 9\h day of January, 2023, ATT T: *J 10 Nt� — LETICIA BRYSCH, City •etary APPROVED AS TO FORM: REN L. HORNER, City Attorney n:\City Council\Ordinances\2023\O1-09-2023\Ordinance - Grvrting SUP.docx Exhibit "A" Permit No. SPECIFIC USE PERMIT WHEREAS, an application for a Specific Use Permit, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes, was completed by Jack Templeman, authorized agent for the property owner HighPoint Church of Texas, Inc., (the "Applicant") for property located at 1376 W. Parkwood Ave., Friendswood, Galveston County, Texas, and filed with the Planning and Zoning Commission (the "Commission"); and WHEREAS, in addition to such application and processing fee, the Applicant in accordance with Section 9.G.3 of Appendix C "Zoning" of the Friendswood City Code, submitted all required plans, which are attached hereto as Exhibit "B" and incorporated herein for all intents and proposes; and WHEREAS, the Commission, after due notice, conducted a public hearing on the application; considered the application, the relevant support materials, and public testimony; and prepared and delivered a final report and recommendation to the City Council to approve the proposed specific use permit based upon the criteria enumerated in Section 9.G.5 of Appendix C "Zoning" of the Friendswood City Code; and WHEREAS, the City Council, after giving the proper notice of the public hearing as prescribed in Section 15 of Appendix C "Zoning" of the Friendswood City Code, held on this day the public hearing on the application for a Specific use Permit; and WHEREAS, at the public hearing the City Council considered the application, the Commission report, the relevant supporting materials and the public testimony given at the public hearing; and WHEREAS, after the close of the public hearing, the City Council made an affirmative finding: 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 and other necessary supporting facilities have been or will be provided; d. The design, location and arrangement of all driveways and parking spaces provides 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 prevent or control offensive odor, fumes, dust, noise and vibration; f. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; g. That there are sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; and h. That the proposed use is in accordance with the comprehensive plan; NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Specific Use Permit, Page l Permit No. Section 1: The findings contained in the preamble hereof are declared to be true and correct and are hereby adopted. Section 2: The following specific use for property located at 1376 W. Parkwood Ave., Friendswood, Texas 77546, being more specifically described as Lot 1, Block 1 of the L. Ch istoph Subdivision Section 1, Friendswood, Galveston County, Texas, is hereby granted: To allow NAICS Code No. 813110 "Religious Organizations" on the Property pursuant to the plans included herein as Exhibit "B." Section 3: Nothing herein shall be construed as to authorize any other variance, exception, or deviation from the Friendswood City Code. Section 4: This Specific Use Permit shall take effect immediately fiom and after the date stated hereinbelow and shall expire on January 8, 2025, if construction or use authorized herein not substantially under way and if no extension has been granted by the City Council. SIGNED on this the 9°i day of January, 2023, after passage by the City Council of the City of Friendswood. MIKE FOREMAN, Mayor ATTEST: LETICIA BRYSCH, City Secretary APPROVED AS TO FORM: KAREN L. HORNER, City Attorney H:\City Council\Ordinances\2023\01-09-2023\SUP .docx Specific Use Permit, Page 2 Exhibit "A" City of Friendswood — Community Development 910 S. Friendswood Drive Friendswood, TX 77546 Phone: 281-996-3201 Fax: 281-996.3260 ww.ci.friendswood.tx.us Zone Change Application CURRENT ZONE OF PROPERTY: SFR TYPE OF ZONE CHANGE (check one): ❑ Land Use Change to Zone: ❑ Planned Unit Development Option 1 ❑ Planned Unit Development Option 2 PROPERTY IDENTIFICATION: � Specific Use Permit Option 1 ❑ Specific Use Permit Option 2 SUP for Use(s) #: 8131 Religious Org. Address: 1376 W. Parkwood Ave., Friendswood, TX 7746 Platted Land —Plat Name: L. Christoph Subdivision Section 1 Unplatted Land — Attach a certified metes and bounds description OWNER NAME: HighPoint Church of Texas, Inc. phone: (2II1) 732-4347 Owner's Mailing Address: 1708 Waterfall Dr. C(ty: Friendswood State: Texas Zip; 77546 Fax: Owner's Email Address: info@myhighpointchurch.com AGENT'S NAME : Jack Templeman Phone: (281) 802-2410 Agent's Mailing Address: 1410 W. Parkwood Ave. City: Friendswood State; Texas Zip; 77546 Fax: Agent's Email Address: spike_3@outlook.com In authorizing an agent to represent the owner, the owner attests that his/her agent may make verbal or written representations andlor declarations on the owner's behalf and the owner understands and acknowledges that the City of Friendswood shall rely upon the agent's representations in matters pertaining to the above described properly. The designation of an agent in this matter In no way absolves the owner of any of the owner's responsibilities outlined by the City of Friendswood. The owner must be the legal owner of record of the property at the time of submittal of the application. The undersigned hereby request a oval by the City Council r the above Identified zone change. 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