HomeMy WebLinkAboutOrdinance No. 2013-39 (Title: An ordinance amending Ordinance 84-16 Planned Unit Development— Specific Use Permit
(PUD-SUP), for 400 East Parkwood Avenue, Friendswood, Galveston County, Texas, being more
specifically described in Exhibit "A", located in the "Community Overlay District" (COD), to
clarify and approve permitted use as NAICS #6233, "Community Care Facilities" in place of the
previously approved "Retirement Home for the Ambulatory Elderly" use; allowing revision of the
prior site plan for addition of a new 2-story building for 20 new assisted living units, alternative
exterior faVade materials, the alteration of an existing building by removing 16 independent living
quarters and converting the interior for 5 assisted living units and 14 Alzheimer's care units,
providing for setback requirements and related amendments for such purposes as depicted in
attached Exhibit `B", but otherwise subject to the prior regulations, restrictions, and conditions of
Ordinance 84-16 and specific conditions herein).
ORDINANCE NO.2013-39
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXAS, APPENDIX C — "ZONING," BY AMENDING
PLANNED UNIT DEVELOPMENT-SPECIFIC USE
PERMIT (PUD-SUP) ORDINANCE 84-16 CREATING PUD
#1 FOR 400 EAST PARKWOOD AVENUE, FRIENDSWOOD
RETIREMENT LIVING CENTER, A 13.3288 ACRE TRACT
OF LAND OUT OF LOTS 3 THRU 6, BLOCK 8 OF THE
ANTOINETTE VOSS SUBDIVISION AS RECORDED IN
VOLUME 254-A, PAGE 9 OF GALVESTON COUNTY
CLERK'S RECORDS, AND ALSO BEING A PORTION OF
THE REPLAT OF "THE PARK" AS RECORDED IN PLAT
BOOK 17, MAPS 85-86, GALVESTON COUNTY PLAT
RECORDS, LOCATED IN THE SARAH MCKISSICK
LEAGUE SURVEY ABSTRACT 151, FRIENDSWOOD,
GALVESTON COUNTY, TEXAS, MORE SPECIFICALLY
DESCRIBED IN EXHIBIT "A", ATTACHED HERETO,
LOCATED IN THE "COMMUNITY OVERLAY DISTRICT"
(COD); TO CLARIFY AND APPROVE USE AS NAICS
#6233 "COMMUNITY CARE FACILITIES" IN PLACE OF
THE PREVIOUSLY APPROVED "RETIREMENT HOME
FOR THE AMBULATORY ELDERLY" USE, ALLOWING
REVISION OF THE PRIOR SITE PLAN FOR ADDITION
OF A NEW 2-STORY BUILDING FOR 20 NEW ASSISTED
LIVING UNITS, ALTERNATIVE EXTERIOR FACADE
MATERIALS, ALTERATION OF AN EXISTING
BUILDING BY REMOVING 16 INDEPENDENT LIVING
QUARTERS, CONVERTING THE INTERIOR FOR 5
ASSISTED LIVING UNITS AND 14 ALZHEIMER'S CARE
UNITS, PROVIDING FOR SETBACK REQUIREMENTS
AND RELATED AMENDMENTS FOR SUCH PURPOSES
AS DEPICTED IN EXHIBIT `B", ATTACHED HERETO,
BUT OTHERWISE SUBJECT TO THE PRIOR
REGULATIONS, RESTRICTIONS, AND CONDITIONS OF
ORDINANCE 84-16 AND SPECIFIC CONDITIONS
HEREIN; AND 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, HSRE Friendswood, LLC is the owner("Owner") of a 13.3288 acre tract of
land out of Lots 3 through 6, Block 8 of the Antoinette Voss Subdivision as recorded in Volume
254-A, Page 9 of the Galveston County Clerk's Records, and also being a portion of the replat
of"the Park" as recorded in Plat Book 17, Maps 85-86, Galveston County Plat Records, located
in the Sarah McKissick League Survey Abstract 151, Friendswood, Galveston County, Texas,
located at 400 East Parkwood Avenue, Friendswood, Texas, and being more specifically
depicted in Exhibit"A" attached hereto and incorporated by reference for all purposes and made
a part hereof("the Property"); and
WHEREAS, the Owner, by and through its CFO, David Clement and other authorized
agent Robert Scott, Levinson-Alcoser Associates, ("Owner") has made application to the City to
amend Ordinance 84-16, adopted on October 20, 1986 ("Prior Ordinance"), to clarify and
approve permitted use as NAICS #6233, "Community Care Facilities" in place of the previously
approved "Retirement Home for the Ambulatory Elderly" use; to allow revision of the
previously prior approved site plan for addition of a new 2-story building for 20 new assisted
living units, the use of alternative exterior fagade materials, the alteration of an existing building
by removing 16 independent living quarters, converting the interior for 5 assisted living units
and 14 Alzheimer's care units, and providing for setback requirements and related amendments
for such purposes as depicted in attached Exhibit `B" (with subparts), but otherwise consistent
and subject to the prior regulations, restrictions, and conditions of the Prior Ordinance, as well
as the current City Code of Ordinances (Code); 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 2013-39 2
hearing on such request, allowing all persons attending to be heard on the question of whether
the changes of the uses and site plan 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; and
WHEREAS, the City Council deems it appropriate to grant such request, subject to
applicable regulations,restrictions, exclusions, and conditions contained herein; 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 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 Applicants, (as referenced in its application for PUD-SUP amendment), the final report from
the Planning & Zoning Commission, the minutes of City Council, and plans attached in Exhibit
"B"), all of which the City Council is specifically relying upon in granting this PUD-SUP
amendment and corresponding amendment to the Prior Ordinance, as provided hereafter.
Section 2. The Code of Ordinances of the City of Friendswood, Appendix C —
"Zoning" ("Zoning Code") is hereby amended to clarify and approve permitted use (PUD-SUP)
as NAICS 46233, "Community Care Facilities" in place of the previously approved "Retirement
Home for the Ambulatory Elderly"use; allow revision of the previously approved site plan in the
Prior Ordinance for addition of a new 2-story building for 20 new assisted living units, the use of
alternative exterior fagade materials consisting of cement fiber boards (as limited in the attached
referenced site plan - Exhibit"B" herein), the alteration of an existing building by removing 16
independent living quarters and converting the interior for 5 assisted living units and 14
Alzheimer's care units, providing for setback requirements, and related amendments, restrictions,
and conditions for such purposes as depicted in attached Exhibit "B", but otherwise specifically
subject to the prior regulations, restrictions, and conditions of the Prior Ordinance (PUD-SUP)
not in conflict with the terms of this Ordinance.
Ord 2013-39 3
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 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 7th day of October,2013.
PASSED, APPROVED, AND ADOPTED on second and final reading this 4th day
of November, 2013.
\�WJ
Kevin M. Ho and
Mayor
ATTEST: ........
f RI E/y
oft)p
C):
Melinda Welsh, TRMC
City Secretary
Ord 2013-39 4
Exhibit "A" for the"Property" located at 400 East Parkwood Avenue
1. Metes and Bounds description of Property
2. Location Map
3. Zoning Map
4. Aerial Map
Ord 2013-39 6
EXHIBIT "A"
Description of 13.3288 acres of land being the Friendswood
Retirement Living Center, as recorded in Flat Record No. 18, Map
No. 122, Recording No. 8641651, Galveston County, Texas, or being
part of Lots 3, 4, 5 and 6, Block 8 of Antoinette Voss Subdivision,
as recorded in Volume 254-A, Page 9 of the Map Records of Galveston
County, Texas, and lying in the Sarah McKissick or J. R. Williams
League, Abstract No. 151, said 13.3288 acre tract of land is more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod found at the most Southerly
corner of the Replat of "The Park," a subdivision recorded in
Volume 17, Page 85-86, Galveston County Map Records, said iron rod
being set on the Northwesterly Right-Of-Way of F.M. 528 (100 foot
Right-Of-Way) ;
THENCE South 43 degrees 481 32" West along the Northwesterly Right-
of-Way of said F.M. 528, a distance of 29.00 feet to a 5/8 inch
iron rod found at the PLACE OF BEGINNING of the herein described
tract of land;
THENCE continuing South 43 degrees 48132" West along the
Northwesterly Right-Of-Way of said F.M. 5280 a distance of 860.00
feet to a 5/8 inch iron rod found at a point for corner;
THENCE North 46 degrees 11128" West a distance of 553.41 feet to a
5/8 inch iron rod found at a point for corner;
THENCE South 43 degrees 46148" West a distance of 313.64 feet to a
5/8 inch iron rod found on the Northeasterly Right-of-Way of
Winding Way (60 foot Right-Of-Way) , at a point for corner;
THENCE North 46 degrees 36110" West along the Northeasterly Right-
Of-Way of said Winding Way, at a distance of 69.00 feet passing the
most Southerly corner of said Lot 4, and continuing in all a total
distance of 89.00 feet to a 5/8 inch iron rod found at a point for
corner;
THENCE North 43 degrees 46148" East along a line parallel to and
1.30 feet Southeasterly of the occupied and platted Southeasterly
line of the Replat of Pilgrims Point Subdivision as recorded in
Volume 15, Page 182 of the Map Records of Galveston County, Texas,
a distance of 1174.28 feet to a 5/8 inch iron rod found at a point
for corner;
THENCE South 46 degrees 11128" East along a line parallel to and
29.00 feet Southeasterly of the Southwesterly line of said Replat
of "The Park," a distance of 642.85 feet to the PLACE OF BEGINNING
of the herein described tract, and containing within these calls
580,603 square feet or 13.3288 acres of land.
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Exhibit"B"for the"Property" located at 400 East Parkwood Avenue
Required by section 9 G (3) of the Zoning Ordinance to be incorporated into the SUP:
1. Application
2. Site Plan
3. New Building/Sidewalk Layout
4. Building Elevations
5. Photometric Plan
6. Landscape Plan
Ord 2013-39 7
�raFry„��
AUG 2 3 2 13
CITY OF FRIENDSWOOD
SPECIFIC USE PERMIT APPLICATION
REQUESTED DATEFILED:
FROM: F .QU� �- I� DATE OF PUBLIC HEARING:
TO: C FEE: $300.00
PROPERTY IDENTIFICATION:
ry� StreaYRoadAddress: L400 e ' PARkweoD F(1EMc1swaro, lK -Isyty
S Lot: Block:___ __,Addition:_ F�fE^rOr"^cD P' i ^"¢vf-Ztvr ?tr e6JtE/c
C` LEGAL DESCRIPTION:
Describe from deed records, attach copy of filed deed,and Include a Was and Bounds description.
PLATTED LAND: FIZlrwnwco Q wca4wcwt (-dycA,G- CEavfG� j
3� UNPLATTED LAND(Must have certified in
and bounds description,Including name and address
�1 n and telephone number of surveyor)
�Y I
RECORDED OWNER: HI 51st' r-Aiera SWLe-D, LLC-
OWNER'S INFORMATION "WolW)
NAME••DR`g1v��"� Cl`o or-NSAL'IlioEMAIL ADDRESS: .0CtEmextTee AC7LIV,(a+1
PHONE NUMBER- Z 91-"(1-C h 1 FAX#: '29t-2q-_11q1
MAILINGADDRESS ZII IF- ftl(woov *700
CITY STATE TK ZIP 77'514
AGENT'S INFORMATION
NAME: EMAIL ADDRESS: r'EQoTY AWVSsji_.COrA
PHONE NUMBER.bA%)')47-'O 9010 FAX#:C3 0- 92c) ZS�
i
MAILING ADDRESS tt"ll vo 1 SOP 5.
CITY to o�rso>y STATE �k ZIP 110 Z7
In authorizing an agent to represent[lie owner,the owner attests that hisltier agent may make verbal or written
representations and/or declarations on the owner's behalf and the owner understands and acknowledges ghat the
City of Friendswood 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 owner's
responsibilities outlined by the City of Friendswood,
PETITION: A r gent, I hereby petition the City for approval of the above described request as
r id e by the(awV(the Stale of Texas and rdin nces of tie City if Friendswood.
Signature Ciro Signature:
Ow r) Q (Agent)
FEE: DATE PAID:u RECEIPT NUMBER:
I
4/16/2009
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