HomeMy WebLinkAboutOrdinance No. 2007-09 (Title: An ordinance changing the zoning classification of a 5.0 acre tract at 1400
3 FM 528,in Friendswood Lakes,from CSC to PUD/SUP Multi-Family Residential.)
ORDINANCE NO. 2007-09
AN ORDINANCE AMENDING.APPENDIX C OF THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, SAID
APPENDIX C BEING THE ZONING ORDINANCE OF THE CITY,
BY CHANGING THE ZONING CLASSIFICATION OF A 5.0 ACRE
TRACT OF LAND, MORE OR LESS, LOCATED AT 1400 FM 528,
FROM COMMUNITY SHOPPING CENTER (CSC) TO PLANNED
UNIT DEVELOPMENT DISTRICT (PUD); PROVIDING FOR THE
GRANTING OF A SPECIFIC USE PERMIT TO AUTHORIZE THE
USE OF PROPERTY WITHIN SAID PUD FOR MULTI-FAMILY
RESIDENTIAL PURPOSES; PROVIDING FOR THE
AMENDMENT OF THE OFFICIAL ZONING MAP; IMPOSING
CERTAIN CONDITIONS; PROVIDING A PENALTY IN AN
AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF
VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING
FOR SEVERABHdTY.
0
WHEREAS, Les Kilday, acting with the authorization of Friendswood Lakes I
Commercial Properties, Ltd., (the "Owner") owner of a certain 5.0 acre tract of land,
more or less, located at 1400 FM 528 within the City, same also being out of Tract 1, a
called 9.8419 acre tract out of the George W. Patterson Survey, Abstract 645, Galveston
County, Texas (the "Property"), a survey and metes and bounds description of which is
attached hereto as Exhibit "A," has filed an application to change the zoning
classification of the Property from Community Shopping Center (CSC) to Planned Unit
Development, with a Specific Use Permit allowing use of the Property for Multi-family
residential purposes (PUD/SUP-Multi-Family Residential); and
WHEREAS, the Planning and Zoning Commission and the City Council
conducted a joint public hearing to consider such application; and
WHEREAS, the hearing was duly called as provided by the laws of the State of
Texas and Appendix C of the Code of Ordinances of the City, and that in such hearing all
persons attending were allowed to be heard on the question of whether or not the change
of zoning of the Property to PUD, and the granting of a Specific Use Permit for Multi-
Family Residential purposes would affect the health, safety, convenience, or general
welfare of the citizens of Friendswood, and whether or not such change in zoning would
violate the rights of any interested person; and
WHEREAS, the Planning and Zoning Commission has filed its written report
r with City Council, which recommends approval of the application, however, the vote to
approve such recommendation received only three (3) out of five (5) votes, with the rules
of the Commission requiring four(4) affirmative votes to approve an action; and
WHEREAS, as a result of the said public hearing, and in light of the vote on the
recommendation by the Planning and Zoning Commission,the City Council hereby finds
and determines that the proposed change in zoning classification and the granting of the
Specific Use permit would not be detrimental to the community, and is in conformance
with the zoning ordinance and comprehensive plan for development of the City; 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.
Section 2. City of Friendswood, Texas, Ordinance No. 84-15, as amended,
originally adopted the 19a' day of November, 1984, same being Appendix C of the
Friendswood City Code, and also being the zoning ordinance of the City, is hereby
amended by changing the zoning classification of that certain 5.0 acre tract of land, more
or less, located at 1400 FM 528 within the City, same being out of Tract 1, a called
9.8419 acre tract out of the George W. Patterson Survey, Abstract 645, Galveston
County, Texas, a survey and metes and bounds description of which is attached hereto
and made a part hereof as Exhibit "A" (the "Property"), from Community Shopping
Center(CSC)to Planned Unit Development District(PUD).
Section 3. Said Appendix C of the Friendswood City Code is hereby further
amended by granting a Specific Use Permit authorizing use of the Property within said
PUD for "Multi-Family Residential' purposes, subject to the conditions and limitations
set forth in Section 4 below.
Section 4. The City Council hereby finds it appropriate to impose the
following conditions to the granting of the Specific Use Permit described in Section 2
above:
A. Development of the Property shall comply with the SUP Site Plan
attached hereto as Exhibit`B" and made a part hereof for all purposes;
ORD 2007-09 2
B. Development shall include a safe room and a backup generator as
recommended by the City Fire Marshal, a copy of which recommendation is attached
hereto as Exhibit"C" and is made a part hereof for all purposes.
C. Uses within the PUD shall be limited to multiple family residential
purposes,
Section 5. 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 Sections 2 and 3 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 6. 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 above to PUD/SUP—Multi-
Family Residential.
Section 7. 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 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. 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 16'h day of July 2007.
PASSED, APPROVED, and ADOPTED on second and final reading this the
! 6th day of Aueust 2007.
ORD 2007-09 3
i
Melinda Welsh f
From: Melinda Welsh
nt: Tuesday, August 07, 2007 9:19 AM
Angie Holman (legals@hcnonline.com)
oubject: Emailing: Ord 2007-09 LEGAL AD Journal
Attachments: Ord 2007-09 LEGAL AD Journal.doc
EST
Ord 2007-09
GAL AD Journal.c
I
Please publish this on Thursday, August 16, 2007. Please confirm receipt of this e-mail.
Thanks,
Melinda Welsh
Deputy City Secretary
City Secretary's Office
City of Friendswood
281-996-3271
281-482-1634 (fax)
"This e-mail contains thoughts and opinions of Melinda Welsh and does not represent official city
policy"
r
Message Page 1 of 1
Melinda Welsh
From: Angela Holman [aholman@hcnonline.coml
Sent: Tuesday, August 07, 2007 10:05 AM
To: Melinda Welsh
Subject: Proof of Your Ad009QRI (seeAttachment)
Attachments: \\Atsdistiller0l\Distiller\OUT1009QRI-1.PDF
Melinda,
Attached is your proof.
Thank you,
Angie Holman
Legal& Obituary Department
Houston Community Newspapers
523 N. Sam Houston Parkway E.,Suite 600
f Houston, TX 77060
(281) 668-1156 Fax (281) 668-1153
----------------------------------------------
To view your proof open it with Adobe Acrobat.
If...... .... A AA.L_ n___i__.
f
ORDINANCE NO.2007-09
AN ORDINANCE AMENDING APPENDIX C OF THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, SAID
APPENDIX C BEING THE ZONING ORDINANCE OF THE CITY, BY
CHANGING THE ZONING CLASSIFICATION OF A 5.0 ACRE TRACT
OF LAND, MORE OR LESS, LOCATED AT 1400 FM 528, FROM
COMMUNITY SHOPPING CENTER (CSC) TO PLANNED UNIT '
DEVELOPMENT DISTRICT (PUD); PROVIDING FOR THE GRANTING
OF A SPECIFIC USE PERMIT TO AUTHORIZE THE USE OF
PROPERTY WITHIN SAID PUD FOR SENIOR CITIZEN ONLY MULTI-
FAMILY RESIDENTIAL PURPOSES; PROVIDING FOR THE
AMENDMENT OF THE OFFICIAL ZONING MAP; IMPOSING
CERTAIN CONDITIONS; PROVIDING A PENALTY IN AN AMOUNT
NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY
PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.
I, DELORIS MCKENZIE, CITY SECRETARY OF THE CITY OF FRIENDSWOOD, TEXAS, DO
HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY OF THE
CAPTION OF THE ORIGINAL ORDINANCE NO. 2007-09 ADOPTED BY THE CITY
COUNCIL AT THE REGULAR MEETING HELD 08/06/07, AS THE SAME APPEARS IN THE
RECORD IN THE OFFICE.
DELORIS MCKENZIE
CITY SECRETARY
FRIENDSWOOD,TEXAS _f
*THE JOURNAL LEGAL AD DEPT
*PLEASE PUBLISH ON THURSDAY,AUGUST 16,2007
AN AFFIDAVIT OF PUBLICATION IS REQUIRED
i'
Melinda Welsh
From: Melinda Welsh
r nt: Tuesday, August 07, 2007 9:06 AM
Reporter News-Legal Ads
Subject: Emailing: Ord 2007-09 LEGAL AD
Attachments: Ord 2007-09 LEGAL AD.doc
®� 1
Ord 2007-09
3AL AD.doc(29 F
Please publish this on Wednesday, August 8,2007. Please confirm receipt of this e-mail.
Thanks,
Melinda Welsh
Deputy City Secretary
City Secretary's Office
City of Friendswood
281-996-3271
281-482-1634 (fax)
This e-mail contains thoughts and opinions of Melinda Welsh and does not represent official city policy"
Melinda Welsh
From: Amanda Chico [rptclassified@yahoo.coml
Sent: Tuesday, August 07, 2007 9:20 AM
To: Melinda Welsh
Subject: Re: Emailing: Ord 2007-09 LEGAL AD
recieved
---Melinda Welsh<mwelsh@ci.friendswood.tx.us> wrote:
> <<Ord 2007-09 LEGAL AD.doc>>
>Please publish this on Wednesday, August 8, 2007.
>Please confirm
> receipt of this e-mail.
> Thanks,
> Melinda Welsh
> Deputy City Secretary
> City Secretary's Office
City of Friendswood
> 281-996-3271
> 281-482-1634 (fax)
> "This e-mail contains thoughts and opinions of Melinda Welsh and does
> not represent official city policy"
ORDINANCE NO.2007-09
AN ORDINANCE AMENDING APPENDIX C OF THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, SAID
APPENDIX C BEING THE ZONING ORDINANCE OF THE CITY, BY
CHANGING THE ZONING CLASSIFICATION OF A 5.0 ACRE TRACT
OF LAND, MORE OR LESS, LOCATED AT 1400 FM 528, FROM
COMMUNITY SHOPPING CENTER (CSC) TO PLANNED 'UNIT
DEVELOPMENT DISTRICT (PUD); PROVIDING FOR THE GRANTING
OF A SPECIFIC USE PERMIT TO AUTHORIZE THE USE OF
PROPERTY WITHIN SAID PUD FOR SENIOR CITIZEN ONLY MULTI-
FAMILY RESIDENTIAL PURPOSES; PROVIDING FOR THE
AMENDMENT OF THE OFFICIAL ZONING MAP; IMPOSING
CERTAIN CONDITIONS; PROVIDING A PENALTY IN AN AMOUNT
NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY
PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.
I, DELORIS MCKENZIE, CITY SECRETARY OF THE CITY OF FRIENDSWOOD, TEXAS, DO
HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY OF THE
CAPTION OF THE ORIGINAL ORDINANCE NO. 2007-09 ADOPTED BY THE CITY
COUNCIL AT THE REGULAR MEETING HELD 08/06/07, AS THE SAME APPEARS IN THE
RECORD IN THE OFFICE.
DELORIS MCKENZIE
CITY SECRETARY
FRIENDSWOOD,TEXAS
*THE REPORTER NEWS LEGAL AD DEPT
*PLEASE PUBLISH ON WEDNESDAY,AUGUST 08,2007
AN AFFIDAVIT OF PUBLICATION IS REQUIRED