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HomeMy WebLinkAboutOrdinance No. 2018-08(Title: An ordinance amending the zoning classification for a tract or parcel containing 3,306 acres located at 2245 and 2275 Thomas Trace, Friendswood, Texas, by granting a zone classification change from Community Shopping Center (CSC) to Community Shopping Center/Specific Use Permit (CSC/SUP) for the following NAICS Uses, "#6231- Nursing Care Facilities, Skilled Nursing Facilities, #623311 - Continuing Care Retirement Communities (with on -site nursing), and #623312 - Assisted Living Facilities for the Elderly, without on - site nursing (assisted living and memory care)," as more fully described herein.) ORDINANCE N0.2018-08 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, APPENDIX C — "ZONING," BY AMENDING THE ZONING CLASSIFICATION FOR A TRACT OR PARCEL CONTAINING 3.306 ACRES OF LAND, ALSO KNOWN AS RESERVES F (1,428 ACRES) & G (1,878 ACRES), FINAL PLAT OF FOUNTAINS @ FRIENDSWOOD, CITY OF FRIENDSWOOD, GALVESTON COUNTY, TEXAS; AMENDING THE ZONE CLASSIFICATION FROM COMMUNITY SHOPPING CENTER (CSC) TO COMMUNITY SHOPPING CENTER/SPECIFIC USE PERMIT (CSC/SUP) AND GRANTING A SPECIFIC USE PERMIT FOR NAICS USES 46231 - NURSING CARE FACILITIES, SKILLED NURSING FACILITIES, #623311 - CONTINUING CARE RETIREMENT COMMUNITIES (WITH ON -SITE NURSING), AND #623312 - ASSISTED LIVING FACILITIES FOR THE ELDERLY, WITHOUT ON - SITE NURSING (ASSISTED LIVING AND MEMORY CARE);" PROVIDING FOR AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF, AND PROVIDING FOR SEVERABILITY. WHEREAS, Thomas Developers, LLC, is the Owner of 3.306 acres of land, two parcels of land, being the Reserves F (1.428 acres) & G (1.878 acres), Final Plat of Fountains @ Friendswood, recorded under document 2016018382 of the Map Records of Galveston County, City of Friendswood, Galveston County, Texas, as also depicted in Exhibit "A" incorporated herein by reference, (the "Property"); and WHEREAS, the Owner previously made application to the City to change the zoning classification of the Property from Community Shopping Center (CSC) to Community Shopping Center/Specific Use Permit (CSC/SUP) to permit the following NAICS uses: "#6231 -Nursing Care Facilities, Skilled Nursing Facilities, #623311 -Continuing Care Retirement Communities (with on -site nursing), and #623312 -Assisted Living Facilities for the Elderly, without on -site nursing (assisted living and memory care)" as depicted in Exhibit , attached hereto and incorporated by reference; and WHEREAS, the Owner also made a request for increased building height for Building B of 51.5 feet as part of the Specific Use Permit request per Zoning Ordinance Section 7.Q.3.b.; and i � 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 denial of the application, subject to any certain conditions made the subject of said recommendation; and WHEREAS, the City Council deems it appropriate to grant such request, subject to applicable regulations, restrictions, exceptions and conditions; and 1 WHEREAS, City Council has determined that all public notices have been posted and Ord.2018-08 2 } 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 I. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct and incorporated by reference, including the representations of Applicant, (as referenced in its Zone Change Application), the final report from the Planning & Zoning Commission, and the minutes of City Council, which City Council is specifically relying upon in adopting this Ordinance, as provided hereafter. Section 2. The Friendswood City Code, Appendix C, "Zoning," Section 3, "Provision for Official Zoning Map," is hereby amended, rezoning the Property identified in the attached Exhibit "A", from Community Shopping Center (CSC) to Community Shopping Center/Specific Use Permit (CSC/SUP) to permit the use classification NAICS uses "#6231 - Nursing Care Facilities, Skilled Nursing Facilities, #623311 - Continuing Care Retirement Communities (with on -site nursing), and #623312 - Assisted Living Facilities for the Elderly, without on -site nursing (assisted living and memory care)" for such purposes and conditions as depicted in Exhibit "B," but otherwise consistent and subject to the current Zoning Code, and related conditions contained therein. Section 3. The Community Shopping Center/Specific Use Permit (CSC/SUP) to permit the use classification NAICS uses #6231 - Nursing Care Facilities, Skilled Nursing Facilities, #623311 - Continuing Care Retirement Communities (with on -site nursing), and #623312 - Assisted Living Facilities for the Elderly, without on -site nursing (assisted living and memory care) are specifically conditioned upon the following requirements: a) Building B will have a maximum overall height of 51.5 feet. Section 4. 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 5. 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 Ord.2018-OS 3 classification of said Property as conditioned and described above. Section 6. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 7. Any person who shall willfully, intentionally, or with criminal negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. PASSED AND APPROVED on first reading this 2"� day of April, 2018. PASSED, APPROVED, and ADOPTED on second and final reading this 7th day of May, 2018. Kevin M. Ho AV T Mayor ATTEST: •'FRIE/VO O� 9* v: Melinda Welsh, TRMC * 0 * City Secretary et ; **94 Gj 9TF OF "\��-'. Ord.2018-08 4 Exhibit 1. Application 2. Aerial Map 3. Location Map 4. Zoning Map 5. Fountains at Friendswood Final Plat City of Friendswood — Community Development 910 S. Friondswood Drive Friendswood, TX 77546 Phone: 281-996-3201 Fax: 281-996.3260 ww.cl.friendswood.tx.us Zone Change Application CURRENT ZONE OF PROPERTY: i,l - � I - TYPE OF ZONE CHANGE (check one): Land Use Change to Zone: ❑ Planned Unit Development Option 1 ❑ Specific Use Permit Option 1 Specific Use Permit Option 2 ❑ Planned Unit Development Option 2 SUP for Uses) fi: ASsfdr6v Ltyrwr, PROPERTY IDENTIFICATION: { Mc-0u6kY CAkE Address: 2e��S'� aiS i(ttanalks'�R/�e, �Fi2l6NPSws�, 'i?c %IS�(� Platted Land - Plat Name: WvXVMr45 fierevnuast.Lot: Block: Unplatted Land - Attach a certified metes and bounds description KC-J1r,9e vI= rF 1 ` G OWNER NAME: �l l(oM(kS 'DG1CpCy�S f I.LG Phone: 03- 1 y25 Owner's Mailing Address: S I R6 CAwn f f�6ut�_�nre t�ra City: ( vE otr. State: '[7Xs Zip;11373 Fax: Owner's Email Address: S.tkArA Mug c Yon+a-. corn AGENT'S NAME Phone: 281-R9 3-3� �o Agent's Mailing Address: City: `m(ertjobk ago State: )o Zip: 775YG Fax: Agent's Email Address; 5'17(� 1✓T7£r TjjgxAs. GoM 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 ownsr's behalf and the owner understands and acknowledges that the City of Friondswood shall rely upon the agent's representations In matters pertaining to the above described property. The deslgnatlon 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 properly at the time of submittal of the application. The undersigned hereby request approv by the ouncil on the above Identified zone change. Owner's Signature Date: Agent's Signature: Date: 'V � ��; Application Number: 5�1�-201f3'(XYJ1 Received fly; I 'rii. ��, j-.h I 1 �-1 Received Date: I -- ?_C1 - 1 T-� Date of Public Hearing: ^ 5 -15 Newspaper Notice: a Property Owner Notices: a - 8 I P) Sign on Property: a - a 3 18 Revised 10.28-16 Page 1 of 2 Z - t j 2255 C'e, LL PF T, s sQ a (7375) C- �2290 •/� ,2245 ubject Property: 245 & 2275 homas Trace 6 acres) •.f � 2Q � • Off 1:: rU �,. —Lot Lines 2�_ O,�Q \ /f PA<. t City Limits 2407 2t �"",[.� ^4 2z Y''+�o 5 2 r0 Op , o�. o o - 1_— 1 Counties ?4p7 yYo2 5P ?3� PI ? 0 orO ®Schools ?406 2403 04 9 0 Zdaimer. This proJud Is forinformational puryoses end may not have been prepared for or be sultab;e for legal, engineering, or surveying purposes. It doesnot represent an oMhe9round survey and represents uy the approximate relative location olpmperty boundaries. Gov. C. §2501.102. The user Is encouraged to independently verily all inlormatan contained in this product. The City of Friendswood makes no �presentalion w warranty as to the accuracy of this product or to its fitness fora padcularpurpose. Deserter (1) accepts the produd AS IS, WITH ALL FAULTS, 12) assumes all responsi asity for the use thereof, end(3)releasesthe City of Fnendswood from any damage, ass, or Inibility arising from such use. City South Friendswood e 9f0 Soufh Fdendswood Ddve F" Friendswood GIS Mapping Friendswood, Texas 77545 (281) 998-3200 wwwci./dendswood.(x.us 1 " = 263 ' 500 r' . rY �yN 2000 OF SIrIZ ?Op8 460 46> ><. OSO�C SOTgO 2p>' 2p'p O� 456 (rY R 20'2 Q AO2 � 453 pw2 �'o 452 5� to 449 NO 448 Of Me 445FR 444rn 44> 2100 WIndSOn Intestlo2<b el HUE£tik:::::2051 440 cai S�RT�/zr''.::,rli::::::::::::::::::::::::::::::::::::::::::::::::::::.::::: to 437. 436 \:::: r� 93 f 3 r riciii iiii i:i: iiii iiiiii i'. :. v p .... 432 ....: 2.. .:r::: 429 i....... d;F IF 425 } ✓� zzz �r �o�'2 os O O 0 \ � .. ^^ ogee �\y� .. \,Fill: I 7T . . IF 417 z P :2.;.. ..;.+..;..::; .q(E.. Oiiii: ...... Sjy y O ::. 2.....:..:: ry::"^ 413 t �O i:i :::.ii:i i i ii ��:ii.i`oa:i is :: ::'�'VA<FRo ILL Subject Property.:.. .: 2245 & 2275odd V °S Thomas Trace io 0 2201 Led (3.306 acres) SqN m m°� h Foi z7 CSC ......:::�.o.: :. p. JpSF iLLY IS �. .�./ C)'p ' 2221 :2 :..."zis i:'ILi=:i^°'•;:p i ...4;.1 RF2204 is i:.�i'�:'.:o :.CV :.. L ua AO i:!i95: .liiiii ILL ::nr.: Fri iiIF •:: b .:.... .... r0.:. o:: -. . R 2245 :2208.: SFR 2255 2290 I :.:: :::.CpRo.., IF 1.m...,i�o°j!'.i i:: ILL `22f0 roLed . IF I N'4p0IF Food ' 0 OOp 2272 m '� o 0ILL X / O ?y4 A 2275 :. .:..iiF Ii^�..i ii'br.r'.. ':: no.::i � %.:! QP 2301 >6,i .ii !ri::. ::::froP.:p j:.?0... ..n.:... Q• • ...•• ::::: i.... i::::.. ....::.:. 0..., a,:::.:... 1, SqN 30gQWN '2?18ii iiii: io:i :� VAcA:::::::i:.?��i i'ro:i�E'o�i . q•.... CSC Its SAN 2375 ry9 N o Jpq .iiii i:.. .. .....r.:*o::: CV: p woN fee QU/N .. ,.:. IF. .Fodi be m ... �...:... .... .11 NON o .: "::• . Legend N 2,� 90 2303 ::: o::':: g o Oct. OJ .. ro;ti^m:i—Lot Lines 1 ?g QJ 4d 2306 :::,•�2; .iii i:;i: Creeks :.ii.iiro:: p� NC 9 yQ� 230 230q N coo q a ?F a QQ' ^... ro p ^ t =City Limits IF ?3yp SFR 2g O'lP 23p8r-. Sol ?,gOg y0 Q4y `°`po, ..2370i[ 2:.:�ii m.rc orO:. _.:..._•.... Special Uses 2406 2403 240q 2407 disclaimer. This product is for informational purposes dead may not have been prepared for or be suitab!eforlega{ engineering or surveying purposes. It does not represent an orHheyrountl survey and represents ly the approximate relative location of property boundaries. Gov. C. §2501. 102. The useris encouraged to IndependedI verify all information contained in this product, The Ci(y of Fnendsvrood makes fro ..presentation or waranty as to the accuracy of this pmdud or to its fihress fare particular purpose. The user. It) accepfs the product AS IS, WITH ALL FAULTS: (2) assumes all responsiNvy for the use thereof, and(3) releases the City offloendInvoodfrom my damage, loss, orlienufayanhiny from such use. City of Friendswood e 91FriendswoodOrive Friendswood, Texas 77546 Friendswood GIS Mapping _ (281) 996,3200 w .ci.9lendmood.bc.us 1 "=263' ItIL - W�� _Ah A..__.«� affimmm »_.�r.:. vxey c:d i F An nAamc Ana "_.- r �.-,...,,..".�"r� nul Forcla FINAL PLAT FOUNTAINS @ FRIENDSWOOD O Exhibit "B" 1. SUP Letter 2. Cover Sheet 3. Site Plan 4. Landscape Plan 5. Building Aand CElevations —Memory Care 6. Building B Elevations — Assisted Living 7. Photometric Plan WOUVe // 5 ; J (WOU41406 PLANNING, ENGINEERING, CONSTRUCTION MANAGEMENT February 12, 2018 Ms. Becky Summers Development Coordinator City of Friendswood 910 S. Friendswood Dr. Friendswood, TX 77646 Re: Application for Special Use Permit for a Seniol' Cale f aCility Reserves G & F Fountains @ Friendswood Friendswood, Texas 77646 Dear Ms. Summers: Attached for your review Is the Special Use Application package for the above referenced properties. The properties are currently zoned CSC. A request is being made for a Special Use Permit to allow overall master planning of a Senior Care Facility on Reserves G & F at the Fountains C Friendswood Commercial Subdivision. The proposed development will consist of approximately 103 units which comprised of 76 units for assisted living and 28 units foe memory care. The facility will have 3 separate buildings. One building will be for assisted living and the other two buildings for memory care. The assisted living building will be three (3) stories. The proposed building height Is 61'-5". Hence, a height limit variance Is hereby requested to allow the building height to exceed 6dfc The project will be developed in multiple phases. The first Phase will consist of Memory Care Facility Once the Memory Care Facility's operations are stabilized, the Assisted Living Units will be developed. Should you have any questions, please contact me at 281-993-3770. Slncerel`'��'/f�'V at Thint, P.E. i ) 1 907 S, !'rimldswood Ih1ve, Suite 200, h'rimuls��ood, Texns 7754G Ph: 281-993-3770 Rx: 281-G48-2294 LOCAnoNMAP GALVEST"IN COUNTY CITY OF FRIENDSWOOD, TEXAS SPECIAL USE PERMIT FOR RESERVE F AND G AT FOUNTAINS OF FRIENDSWOOD 2245 THOMAS TRACE FRIENDSWOOD, TEXAS 77546 COUNCIL MEMBER MAYOR KEVIN M. HOLLAND )MAYOR PRO-TEA1 STEVE ROCKEY COUNCIL POSITION 2 SALLY H. BRANSON COUNCIL POSITION 3 JIM HILL COUNCIL POSITION 4 MIKE FOREMAN COUNCIL POSITION 5 JOHN H. SCOTT COUNCIL POSITION 6 CARL W. GUSTAFSON CITY MANAGER ROGER C. ROECKER 'IHOUAS DEVPLOPCRS, LLC Everest Design Group, llc Plwvi�, Fsgirxeriop. Cawunbn Afungemm� TiPE iDUlIF9H0 vt�in MAP SHEET INDEX G1.0 COVER SHEET A1.0 SITE LAYOUT PLAN A1.1 PHOTOMETRIC PLAN A3.0 ELEVATION PLAN & NOTES A3.1 ELEVATION PLAN & NOTES L1 LANDSCAPE PLAN �41.4ifk5 SO. owaa SI is n .11113) ten nxrt usr oStIpFut ©u o ■ - - ON lilt yg�iil Fill i 7CCC= ... - - - - - - 0 0 - [7{ m El R El Fol rani r, - g7F a .F S�xor.5