HomeMy WebLinkAboutOrdinance No. 2013-13 (Title: An ordinance amending the zoning classification for 402 E. Edgewood Drive, being part of
Lot 21 (21-2) of the Hoidale and Coffman Subdivision, Abstract 20, Galveston County,,
Friendswood, Texas by granting an amendment to Ordinance 2004-01, permitting Specific Use
Permit (SUP) by adding NAICS use # 54 "Professional, Scientific and Technical Services," with
certain exceptions, (to replace previously permitted "Professional' uses), NAICS use 4621
"Ambulatory Health Care Services," with certain exceptions, (to replace previously approved'
"Medical, Dental and Optometry" uses), new NAICS use #531 "Real Estate" and new NAICS use
#52 "Finance and Insurance," with certain exceptions, in addition to amendment of site plan to
include a 528 square foot addition to the existing rear building, additional parking, and reduced
rear setback, but otherwise subject to the prior regulations, restrictions, and conditions of
Ordinance 95-3, establishing the Planned Unit Development (PUD) for the use of the subject
Property.)
ORDINANCE NO. 2013-13
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXAS, APPENDIX C - "ZONING," BY AMENDING THE
ZONING CLASSIFICATION FOR 402 E. EDGEWOOD
DRIVE, BEING PART OF LOT 21 (21-2) OF THE HOIDALE
AND COFFMAN SUBDIVISION, ABSTRACT 20,
GALVESTON COUNTY, FRIENDSWOOD, TEXAS;
PROVIDING FOR THE GRANTING OF AN AMENDMENT
TO THE SPECIFIC USE PERMIT (SUP) APPROVED BY
�- ORDINANCE 2004-01 ON FEBRUARY 2, 2004, UPDATING
AND REPLACING THE USES GRANTED THEREIN WITH
NEW ADDITIONAL USES OF THE PROPERTY FOR
NAICS USE # 54 "PROFESSIONAL, SCIENTIFIC AND
TECHNICAL SERVICES," (WITH THE EXCEPTION OF
NAICS USE 954194 "VETERINARY SERVICES"), NAICS
USE #621 "AMBULATORY HEALTH CARE SERVICES,"
(WITH THE EXCEPTION OF NAICS USE #6214
"OUTPATIENT CARE CENTERS"), NAICS USE #531
"REAL ESTATE," NAICS USE #52 USE "FINANCE AND y,
INSURANCE," (WITH THE EXCEPTION OF NAICS USE
9522298 "ALL OTHER NONDEPOSITORY CREDIT I
INTERMEDIATION"); IN ADDITION TO AMENDMENT
OF SITE PLAN AS DEPICTED IN EXHIBIT "B"
ATTACHED HERETO TO INCLUDE A 528 SQUARE FOOT
ADDITION TO THE EXISTING REAR BUILDING,
ADDITIONAL PARKING, AND REDUCED REAR
SETBACK OF 4'4" PURSUANT TO ATTACHED SITE
PLAN , BUT OTHERWISE SUBJECT TO THE PRIOR
REGULATIONS, RESTRICTIONS, AND CONDITIONS OF
ORDINANCE 95-3, ADOPTED ON MARCH 6, 1995
ESTABLISHING THE PLANNED UNIT DEVELOPMENT
(PUD) FOR THE USE OF THE SUBJECT PROPERTY;
(' S 411_ i}
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, David H. Offenburger is the Owner of 402 E. Edgewood Drive, being part
of Lot 21 (21-2) of the Hoidale and Coffman Subdivision, Abstract 20, Galveston County,!
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Friendswood, Texas, out of the Perry and Austin League Abstract No. 2 as also depicted i
Ordinances 2000-07 and 2004-01 of the City records which are incorporated herein by
reference, (the "Property'); and
WHEREAS, the Owner previously made application to the City to change the zoning
classification of the Property, to replace the outdated prior uses permitted by the Specific Use
Permit (SUP) referenced in Ordinance 2004-01, adopted on February 2, 2004, (Prior Ordinance)
with the new classifications and related additional uses to include NAICS use # 54
"Professional, Scientific and Technical Services," (to replace previously permitted
"Professional" uses), NAICS use #621 "Ambulatory Health Care Services," (to replac
previously approved "Medical, Dental and Optometry" uses), new NAICS use #531 "Real
Estate," and new NAICS use #52 "Finance and Insurance;" in addition to amendment of site
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plan to include a 528 square foot addition to the existing rear building, additional parking and
reduced rear set back, as depicted in Exhibit`B", attached hereto and incorporated by reference;
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and
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
Ord 2013-13 2
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 approval of the application with certain exceptions, subject to any
conditions made the subject of said recommendation; and
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WHEREAS, the City Council deems it appropriate to grant such request, subject to
applicable regulations,restrictions, exceptions, and conditions; and
WHEREAS, City Council has determined that all public notices have been posted and
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 1. 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 application for SUP), the final report from the Planning &
Zoning Commission, and the minutes of City Council, which City Council is specifically relying
upon in granting this SUP, as provided hereafter.
Section 2. City of Friendswood, Texas, Ordinance No. 2004-01, adopted the 2nd day
I
of February, 2004, is amended to permit new use classifications and related additional uses of
the Property, 402 E. Edgewood Drive, being part of Lot 21 (21-2) of the Hoidale and Coffinan
Subdivision, Abstract 20, Galveston County, Friendswood, Texas, out of the Perry and Austin
League Abstract No. 2 as also depicted in Ordinances 2000-07 and 2004-01 of the City record
which are incorporated herein by reference, by hereby granting another Specific Use Permit
(SUP) amendment to the Property (situated in a PUD pursuant to Ordinance 95-3, adopted on
March 6, 1995) to permit NAICS use # 54 "Professional, Scientific and Technical Services,"
Ord 2013-13 3
with the exception of NAICS USE #54194 "Veterinary Services," (to replace previously
permitted "Professional" uses), NAICS use 4621 "Ambulatory Health Care Services," with the
exception of NAICS USE #6214 "Outpatient Care Centers," (to replace previously approved
"Medical, Dental and Optometry" uses), new NAICS use #531 "Real Estate," and new NAICS
USE #52 "Finance and Insurance," with the exception of NAICS USE #522298 "All Other
Nondepository Credit Intermediation'; in addition to amendment of site plan to include a 528
square foot addition to the existing rear building, additional parking and reduced rear set back
of 4'4", as depicted in Exhibit `B", but otherwise expressly subject to the prior regulations,
restrictions, and conditions of Ordinance 95-3, establishing a PUD for the use of the subject
Property, not in conflict with the terms of this Ordinance.
Section 3. 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 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 amendments
permitted herein of said Property as described in Section 2 hereof.
Section 5. 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 6. Any person who shall willfully, intentionally, or with criminal negligencl
violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon
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conviction thereof, shall be fined in an amount not to exceed $2,000.00. Each day of violation
shall constitute a separate offense.
Ord 2013-13 4
PASSED, APPROVED and AMENDED on first reading this 1st day of Aug,2013.
PASSED, APPROVED, and ADOPTED on second and final reading this 6th day ofi
May,2013.
Kevin M. H 1 d
Mayor
ATTEST:
` ��C��6� '•••• FRIE •• •.
::�
Melinda Welsh, TRMC '
City Secretary •U' iO
i
Ord 2013-13 5
Exhibit"A" to Ordinance No.2013-13
Surveys and Maps of property located at 402 E. Edgewood Drive:
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Ord 2013-13 6
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203 153
202
301 201
201 200
N
N 412
N
O
O
200 411
101
408
406
409 105
410
404 0* 103
902
4P"1 405 408
o
n
403 164 107
401 1po 911
103 402 fq� 108
OHO QT
+c� ��O 102
< C2
106 Off} 300
115
106 112
110
104 14�0 313 �____ --
214 0� o
/ N
212 211 �
227
Legend
210 207 209 —
— Creeks
Mcity limits
\ `1 308 ' �'CoUrjties
\ 205 304 306 ® Parks
203 1 201 ® Schools
Ymer.This product is for informational purposes and may not have been prepared for or be suitable forlegal,engineering,orsurveying purposes it does not represent an on4hegmund survey andrepresents
ua approximate relative location ofpmpeny boundaries.Gov.C.§2501.f02.The user is encouraged to independently verify all information contained in this product.fie City of Friendswood makes no
representah'on or wananfy as to the accurecyof this product orb its fitness fora particular purpose.The user.(1)accepts the product AS IS,WITHALL FAULTS,(2)assumes all responsollity fbrfhe use thereof,'
and
0 releases the Cit of Fnendswoodhorn any damage,loss,ortlabifityansmg loom such use.
City South
Friendswood
910 Southod,Teas 7Drive Friendswood GIS Ma in
Friendswood,9,Texas 77548 Map pin
96-3200 9
w vci.fdendswood.tx.us 1 "_ 197 '
Exhibit"B" to Ordinance No. 2013-13
Required by section 9 G (3) of the Zoning Ordinance to be incorporated into the SUP:
1. Application
2. Conceptual Site Plan
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Ord 2013-13 7
13 %000001q
CITY OF FRIENDSWOOD
SPECIFIC USE PERMIT APPLICATION
REQUESTED � DATE FILED:
FROM:E Skp �q-cd'�/� DATE OF PUBLIC HEARING;
TO: pIl ,-SLAP arAPI1rArir EE: $300,00
�t0 it 1,X0.1
PROPERTY IDENTIFICATION; r�
Street/Road Address: 02 r �a1 ct n
Lot:P'6�,Bic* ,Addition:
LEGAL DESCRIPTION:
Describe from deed records,attach copy of filed deed, and Include a Metes and Bounds description.
PLATTED LAND:
UNPLATTED LAND(Must have certified metes and bounds description,Including name and address
and telephone number of surveyor) r p
2 1 2 T �VNU
RECORDED OWNER: s
OWNER'S INFORMATION V
1 ? I {�
NAME: by r�� Y Gin hltN '_ t" EMAILADDRESS:J4,Jh�1
PH0NENUMBEI 191 YE �O FAX#: ')III 11 ,2 30oa
°1
MAILINGADDRESS D �� bc VJO hr ;
CITY 41-jetI4 IrI&PA V.STATE ZIP 77 SW 4
AGENT`S INFORMATION
NAME: EMAIL ADDRESS:
PHONE NUMBER: FAX#:
MAILING ADDRESS
CITY STATE ZIP
In authorizing an agent to represent the owner,the owner attests that his/her agent may make verbal orwritten
representations and/ordeclarations on the owners 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 designation of an agent in this matter In no way absolves the owner of any of the owners
responsibilities outlined by the City of Frlendswood.
PETITION: As owner/agent,I hereby petition the City for approval of the above described request as
provi ed by to taws of the State of Texas and Ordinances of the City of Friandswood.
Signature Signature:
(Owner (Agent)
FEE: DATE PAID: 3 S l3 RECEIPT NUMBER:
4/16/2009
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