HomeMy WebLinkAboutOrdinance No. 2008-18 (Title: An ordinance changing the zoning classification of property located at 1301 W. i
Parkwood from Business Park(BP) to PUD/SUP for a veterinary clinic.)
ORDINANCE 2008-18
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 LOCATED AT 1301 W.
PARKWOOD (LOT 1, BLOCK 2, LAURENCE CLINE SUBDIVISION,
FRIENDSWOOD, GALVESTON COUNTY, TEXAS), FROM BUSINESS
PARK (BP) 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 A
VETERINARY CLINIC; 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.
WHEREAS, RSHS Properties, L.L.C., owner (the "Owner") of certain property located
at 1301 W. Parkwood within the City, same also being Lot 1, Block 2 of the Laurence Cline
Subdivision, as recorded at Plat Record 2004A, Map No. 174, G.C.M.R.., Galveston County,
Texas (the"Property") has filed an application to change the zoning classification of the Property
from Business Park (BP) to Planned Unit Development with a Specific Use Permit for
Veterinary Clinic uses (PUD/SUP-Veterinary Clinic); and
WHEREAS, the Planning and Zoning Commission and the City Council conducted
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 Veterinary clinic uses 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 with City
Council which recommends approval of the application; and
WHEREAS, as a result of the said public hearing and the recommendation of 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 19'h 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 the property located at 1301 W. Parkwood (FM 528 at Whitaker Drive), same
being Lot 1, Block 2, Laurence Cline Subdivision, (as recorded at Plat Record 2004A, Map No.
174, G.C.M.R.), City of Friendswood, Galveston County, Texas (the "Property"), from Business
Park(BP) 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
"Veterinary Clinic" 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"A" and made a part hereof for all purposes;
B. Uses within the PUD shall be limited to the uses set forth in Exhibit `B" attached
hereto and made a part hereof.
C. Variances from the zoning ordinance, including Community Overlay District,
shall be permitted only for those deviations listed/shown in Exhibit A, and only in strict
conformance therewith.
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 i
I
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—Veterinary Clinic.
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* day of June,2008.
PASSED, APPROVED AND ADOPTED on second and final reading this 7th day of
July,2008.
David J. H. Smith
Mayor
A O� FRIEpO�
T:
OO
O
D loris'McKenzie', TRMC 07
City Secretary
�,rE OF +�
Exhibit"A" to Ordinance No.2008-18
1301 W. Parkwood/Site Plan
Exhibit`B" to Ordinance No.2008-18
1301 W. Parkwood/Permitted Veterinary Clinic Uses i
The primary reason for rezoning this portion of the tract from Business Park (BP) to Planned Unit ,
Development-Specific Use Permit (PUD-SUP) is to allow the property to be developed with a
veterinary clinic.
Even though the intended use of the property at this time is a veterinary clinic, the applicant has
identified other possible uses of the property as follows:
• 54, Professional Scientific and Technical Services
• 8129, Other Personal Services—812910, Boarding and Grooming
• 453, Miscellaneous Store Retailers—45391, Pet&Pet Supplies Stores
• 8139, Business,Professional,Labor, Political and Similar Organizations
• 8121,Personal Care Services
• 6215,Medical and Diagnostic Labs
• 6211, 6212, 6213, Office of Physicians, Dentists and other practitioners
• 6214, Outpatient Care Centers
• 71112,Dance Companies
• 6244, Child Care Facilities
• 448, Clothing and Clothing accessories stores
• 446, Health and Personal Care stores
52, Finance and Insurance
• 5614,Business Support Services
• 5613,Employment Services
• 5322, Consumer Goods rental ,
f
Exhibit A
Packwood Animal Hospital
The following items are variances from the Appendix C Zoning Ordinance that will be part of
the PUD/SUP consideration:
• Landscape and Buffers: Except as set forth herein, landscaping and buffers shall be
installed in accordance with the requirements of the Zoning Ordinance.
a. Ten-foot landscape buffer along North property line (adj. to SIR) — The
existing building is located approximately six (6) feet from the North property
line that is adjacent to a property zoned SFR/SUP; there is also a five (5) foot
utility easement along the property line. Applicant shall provide Fig Ivy and
Waxleaf Ligustrms along the said property line.
b. A reduced landscape buffer along the North property line shall be permitted as
indicated on the attached Site Plan.
c. Islands in parking lot and perimeter landscaping — As indicated on the
attached Site Plan, the applicant shall be permitted to maintain the existing
twenty-two(22) parking spaces with no islands or trees therein.
i
d. Ten-foot. landscape buffers along FM 528 and Whitaker Dr —The applicant
shall provide trees and shrubs along FM 528 within the front twenty (20) feet of
property rather than ten (10) feet. A ten (10) foot Southwestern Bell Telephone
easement exists along the property line at FM 528.
• Fencing: Except as set forth herein, fencing shall be installed in accordance with the
requirements of the Zoning Ordinance.
a. Eight-foot. opaque fence along North property line — There is an existing
cyclone/chain link fence along the property line. In lieu of an opaque fence, the
applicant shall provide Fig Ivy and Waxleaf Ligustrm along the property line.
• Setbacks: Except as set forth herein, setbacks shall be in accordance with the
requirements of the Zoning Ordinance.
a. Side and rear set backs —The existing building sits six (6) feet, two (2) inches
off of the side yard and approximately twenty-two (22) feet off of the rear yard.
The applicant shall be permitted a reduced side and rear yard setback as indicated
on the attached Site Plan.
i
A
.LOT 1 �'ti o Ipl
BLOCK 1 3Nn_H?le 10! J �'� G RIMS
_ _____ 30'eUlL01NG ONE ZONED_____ - __ -
1
I ______ WemN.R. •
,y -WmnfYn
i `_____ W35V3.WtLLlI A3JVNNtlO.SI m,.tn mmW
mm mt e I
281 482 s3398
,CV AL ()AC
Arm DMY AY iA PARKING DEMOGRAPHICS (281)482-7304 e -
HAROLD HH/TAKER D lVE (R/H VAR/ES) '®¢
�'o" zs• m'-m' z-smmvm u�4rts
sWn snc• o,ezv.a WCll awram-nso.®
ol9s rz e wax v�ri vlu_�LS = j
---- - ----I"— -- -- — ' ^� -- FOOTAGE DEMOGRAPHICS 1
N"1O�"' ¢:rmri,nW.ee ..,,c_n. @Z@787dr99r
__ recsing to o !0' Wipe Divina a meM rnurm• ,ama ava e.mmn. L a��A. .,\I(zooaaaaaro ecoR) uuc��y
I
---_—_-----.— -k- IL'—' -.. - - —— -�10040-10 BCOR—
'— a
o I z
SITE NOTES: 0
- s¢r,ne•' alo ' I441 Warsss,.wm'm'�vuti,rc,a,::�
MM
�N� ___ z t AE>urosru� YOAa1 „@t,Q. e'"'�'°°< Wo °"r
O SE
'OE
ttV U eaeom to uro ua.Ru
n O— ,!-
ZOwi
NED '� T` N— _ ;.� ZONED �7 p a e * Ql LEGEND
ZONED
,Ee nosuee w end 5 4 O $,o„�.. W� ~
OQ O
20 O
WOJ
�O N
------------ - •-' p- 9ffi` J 5 6 d S
cow
a cYaae,arc ,�' VY b vY H• EbEM Cp
(20040H0010 HCOR) % (g
ZONED
6EOR6E A.BOFYSIL,.1R.
TO V/ SLIPP (7 09-2A
COMMUNITY PU8LI0 SERVICE 00. LOT I, EtLOCK 2
BOOK I619,PG.120&CPR
LAURENCE CLINE SUBDIVISION
FRIENDSWOOD, GALVESTON COUNTY, TEXAS �., 2.1�
AI PRDPOSED SITE PLAN s 4
x
® LOT 1 i rya
BLOCK 1 �s THOMAS 1
CSC _____.3NI"I_9R19. tic
1
____ 30'BUI_IOIN_G UNE — G.RIV]✓S
I_�I '( _ _________ t______ _ x
tnjjn > 3BVN✓B.S
---- _________ _ -- -- (.2631_19)46O-8CO2eLnul�N-Wpnn)34'.3
mvA8.5..•
WV D APPROAtlI rm.MD Af DRIVEVAV (2BI)40z-
2-G3D4
HAROLD MITAKER D lVIE (FIX VAR/E5)
_ 15' ecrepsinq fo o ]B' 40.09' e
-_ tle Oroinoge &�filif-- --win.,
_ _ 1 uws[mro�mte - .
�0 BCOG UNE I y
4 _ Y
N 8�13 13
s _,i osmcr A. ,m 0
3
s $ 6 6 1 C 3 ew0e rm+w m160TCim 2 2
m
0 I1c ,a,� �
r N s` 3 e mm 4
`I O I I I 8@
yy SITE DEMOGRAPHICS
6P no � N- b 4 BP TO PUD I 4 o_ 9 8 +c� O W
LL W
F-
11 CSC O Q O
wO Oo J.
1 e I J3
- 3
- W W
------ i E ¢dSLL
w LVGt(AE rSYG 1l 1] 1] u
5 /LBY FASEMENY I(%4,1
sE1z a
6EOR6E A.BOFYSIL,JR. V/SUP (79-27) 4 I (
COMMUNITY WBL IG SERVICE CO. A A
BOOK 1619,PG. 120 000R LOT (,CLINE
S5LOC 2
LAURENCE CLINE SU6DIVISION ^^
FRIENDSVOOD, GALVESTON COUNTY, TEXAS e"T"""
Al PROPOSED LANDSCAPE PLAN M.m y++- L2