HomeMy WebLinkAboutOrdinance No. 2024-19ORDINANCE NO.2024-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, GRANTING A SPECIFIC USE PERMIT TO
ALLOW NAICS USE NO. 237 "HEAVY AND CIVIL ENGINEERING
CONSTRUCTION" FOR THE PROPERTY LOCATED AT 3111 W.
PARKWOOD AVENUE, FRIENDSWOOD, GALVESTON COUNTY, TEXAS,
BEING MORE PARTICULARLY DESCRIBED AS APPROXIMATELY
15.5244 ACRES OUT OF BEATTY, SEALE & FOREWOOD SURVEY,
SECTION 5, ABSTRACT NUMBER 625, AND I. & G.N.R.R. COMPANY
SURVEY, SECTION 23, ABSTRACT NUMBER 624, FRIENDSWOOD,
GALVESTON COUNTY, TEXAS; PROVIDING A MAXIMUM PENALTY OF
TWO THOUSAND AND N01100 DOLLARS ($2,000.00); REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN
CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE.
WHEREAS, Standard Constructors, Incorporated (the "Owner") is the owner of property
located at 3111 W. Parkwood Avenue, Friendswood, Galveston County, Texas, being more
particularly described as approximately 15.5244 acres out of Beatty, Seale & Forewood Survey,
Section 5, Abstract Number 625, and I. & G.N.R.R. Company Survey, Section 23, Abstract
Number 624, Friendswood, Galveston County, Texas, and depicted in Exhibit "A," which is
attached hereto and incorporated herein for all intents and purposes (the 'Property"); and
WHEREAS, the Owner made application to the City for a Specific Use Permit to allow
NAICS Use No. 237 "Heavy and Civil Engineering Construction" on the Property, which is zoned
Business Park (BP); and
WHEREAS, in accordance with the Friendswood City Code and all applicable laws, the
Planning and Zoning Commission and the City Council conducted public hearings on such
application, allowing all interested persons the opportunity to be heard; and
WHEREAS, after the public hearing on the application and after having considered the
application, the relevant support materials, and public testimony, the Planning and Zoning
Commission filed a final report and recommendation with 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, 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. that the design, location and arrangement of all driveways and parking
spaces provide for the safe and convenient movement of vehicular and
pedestrian traffic without adversely affecting the general public or adjacent
developments;
e. that 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; and
WHEREAS, in accordance with the Friendswood City Code and all applicable laws, the
City Council has determined that all public notices have been posted and published and all required
hearings on this matter have been held; and
WHEREAS, the City Council further finds that this ordinance complies with the applicable
provisions of the City Charter, City Code and all other applicable laws; and
WHEREAS, the City Council deems it appropriate to approve the application, subject to
applicable regulations, restrictions, exceptions, and conditions; 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. The City Council hereby grants a Specific Use Permit to allow NAICS
Use No. 237 "Heavy and Civil Engineering Construction," for the Property, in accordance with
the plans which are attached hereto as Exhibit "B" and incorporated herein for all intents and
purposes. The Specific Use Permit shall take effect immediately from and after the passage of
this ordinance and shall expire on July 1, 2025, if construction or the use authorized herein is
not substantially underway and if no extension has been granted by the City Council.
Section 3. The official zoning map is hereby amended to reflect the Specific Use
Permit herein granted in Section 2 of this ordinance. 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 uses specified
in the Specific Use Permit granted in Section 2 hereinabove.
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 TWO THOUSAND AND NO/100 DOLLARS
($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 parts of ordinances in conflict or inconsistent with
this ordinance are hereby expressly repealed.
Section 7. If any provision, section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to any person or set of circumstances is for any reason held
to be unconstitutional, void, or invalid, the validity of the remaining portions of this ordinance or
their application to other persons or sets of circumstances shall not he affected thereby, it being
the intent of the City Council in adopting this ordinance that no portion hereof or provision or
regulation contained herein shall become inoperative or fail by reason of any unconstitutionality,
voidness, or invalidity of any other portion hereof, and all provisions of this ordinance are declared
to be severable for that purpose.
Section 8. 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.
INTRODUCED, READ, AND PASSED on first reading by the affirmative vote of the City
Council of the City of Friendswood this I" day of July,2024.
Mayor
APPROVED AS TO FORM:
H:\CityCouncil\Otdimnces\2024\07-01-2024\Ordinance- Zoning Map Am dment for SUP to allow Heavy & Civil Engineering ConstructionAmx
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CITY OF FRIENDSWOOD
Official Zoning Map Certification
Pursuant to Section 3.A.(3) of Appendix C of the Friendswood City Code, 1 hereby certify and
confirm that the information provided hereinbelow is true and correct:
On July 1, 2024, by official action of the City Council, the following changes were made
to the official zoning map:
Description of Affected Property:
3111 W. Parkwood Avenue, Friendswood, Galveston County, Texas,
being more particularly described as approximately 15.5244 acres out of
Beatty, Seale & Forewood Survey, Section 5, Abstract Number 625, and
I. & G.N.R.R. Company Survey, Section 23, Abstract Number 624,
Friendswood, Galveston County, Texas
Former Zoning District Classification:
Business Park (BP)
New Zoning District Classification:
Business Park (BP) with a Specific Use Permit to allow NAICS Use No.
237 "Heavy and Civil Engineering Construction"
The above -referenced changes were made via Ordinance No.: 2024-19.
IN WITNESS WHEREOF, this Official Zoning Map Certification was executed on the 3`d day of
July, 2024.
O
YLTICIA
S I : OQ
* C
BRYSCH, City Se T C�+
q rE OF
ENTRY ON OFFICIAL ZONING MAP
I, Leticia Brysch, the City Secretary of the City of Friendswood, Texas, have entered, or caused to
be entered, this certificate on the QffirjLl Zoning Map of the City of Friendswood, Texas, on this the Yd
day of July, 2024.
i
H\Communiry Dcvclop cnt\Zoning\Zoning M1%,L/nkdQCM\&j1AahonsQ024\0tficia1 Zoning Map Certification - BP to BP with SUP - 7-1-2024.doc