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HomeMy WebLinkAboutOrdinance No. 2013-41 (Title: An ordinance changing the zoning classification of a .333 acre tract of land located at 107 Shadwell Lane, as more specifically described hereafter, by granting to property owner an additional Specific Use Permit (PUD-SUP) amendment to allow for NAICS use #812112 "Beauty Salons," in addition to the uses and any applicable conditions or regulations contained in prior Ordinance 2011-11 for the subject property, correcting prior Ordinances 99-26 and 2000-38 relating thereto, and clarifying prior Ordinances in relation to the property located at the subject address). ORDINANCE NO.2013-41 AN ORDINANCE AMENDING APPENDIX "C" OF THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BEING THE ZONING ORDINANCE OF THE CITY, BY AMENDING THE ZONING CLASSIFICATION OF A .333 ACRE TRACT OF LAND, LOCATED AT 107 SHADWELL LANE , LOT 1, BLOCK 1 OF WINDING HOLLOW ,ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT RECORD 18, MAP NUMBER 1062 IN THE MAP RECORDS OF GALVESTON COUNTY, FRIENDSWOOD, TEXAS, PROVIDING FOR THE GRANTING OF AN AMENDMENT TO THE SPECIFIC USE PERMIT (PUD-SUP) APPROVED BY ORDINANCE 2011-11 ON MAY 5, 2011, TO ALLOW FOR NAICS USE #812112 "BEAUTY SALONS," IN ADDITION TO THE USES AND ANY APPLICABLE CONDITIONS OR REGULATIONS CONTAINED IN PRIOR ORDINANCE 2011-11 FOR THE SUBJECT PROPERTY; CORRECTING PRIOR ORDINANCES 99-26 AND 2000-38 CLARIFYING PRIOR ORDINANCES IN RELATION TO THE PROPERTY LOCATED AT THE SUBJECT ADDRESS; 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, Clayton Johnson is the owner ("Owner") of .333 acres located at 107 Shadwell Lane, being Lot 1, Block I of Winding Hollow, according to the map or plat thereof recorded in Plat Record 18, Map Number 1062 in the Map Records of Galveston County, Friendswood, Galveston County, 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 has now made application to the City to amend Ordinance 2011- 11 ("Prior Ordinance") to add NAICS use #812112 Beauty Salons, as depicted in Exhibit "B", attached hereto and incorporated by reference, 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)relating to the subject Lot 1: and WHEREAS, the City has reviewed the prior Ordinances addressing the Property now designated as 107 Sbadwell Lane and has determined the need to review, clarify, and confirm the action taken in such prior ordinances due to use of the common address 107 Shadwell Lane, the recorded platting, amendments, and property description affecting all the property at such address; and WHEREAS, on May 3, 1993, City Council finally adopted Ordinance 93-4, that permitted a zone change request for a .981 acre tract of land out of Lots 1, 2 and 3 out of the Winding Hollow Subdivision located at 107 Shadwell Drive, Friendswood, Texas, Galveston County, Texas, from Single Family Residential ( SFR) to Office Park District ( OPD), as more fully described therein and is incorporated by reference therein, ("Original Property"); and WHEREAS, on September 27, 1999, (date of September 27, 1998 reflecting final approval date in error), the City Council finally approved Ordinance 99-26, which permitted a zone change from OPD to Planned Unit Development (described as "PUD #"), subject to use regulations referenced therein, and requiring uses to be authorized by a Specific Use Permit, ("SUP") designating the subject PUD to be 0.5684 acres, citing the City of Friendswood as owner of the subject tract; and it has recently come to the attention of the City that Ordinance Ord 2013-41 2 99-26 is in error and should be corrected to: (1) show the date of final approval of the subject Ordinance as September 27, 1999, (2) the owner of the property as BeaSym Investments, LLC. (instead of referencing the owner as the City of Friendswood), (3) and that the property tract description and reference be the .981 acre tract referenced in Ordinance 93-4 (instead of the 0.5684 as referenced therein); and WHEREAS, the Original Property plat was amended in August 2000 to combine Lots 1, 2, and 3 into one Lot, consisting of.9796 acres, and designated as Lot 1, Block 1, 107 Shadwell Way("Amended Property"); and WHEREAS, on October 16, 2000, City Council finally adopted Ordinance 2000-38, which permitted a change in zoning classification from PUD #20, (formerly known as "PUD #" in Ordinance 99-26), to permit a SUP for a 0.5684 acre tract described as Lot 1, Block 1, 107 Shadwell Way. This Ordinance required a SUP for uses except for: Banquet Facility, Florist, Chapel, Spa, Membership Gym with Member' s Childcare Facility, Hair/Beauty Salon, Office Space related to businesses on the site, Restaurant, Medical Office and Health Services related to the spa and gym, Retail Sales and Common open and/or recreational space. The tract description in Ordinance 2000-38 is incorrect and should be corrected to reflect .9796 acres — the Amended Property; and WHEREAS, on December 19, 2005 City Council finally approved Ordinance 2005-37 which referenced property located at 107 Shadwell Way as a PUD (despite 2000-38 Ordinance changing zoning classification to a SUP) adding a SUP for additional uses of: childcare, swim lessons, swim parties, water aerobics and catering; and WHEREAS, in February 2008, the plat amendment of August 2000 for the Amended Property was vacated, and 107 Shadwell reverted back to 3 lots of the Original Property, Ord 2013-41 3 consisting of Lots 1, 2, and 3 of approximately .33 acres per lot; and WHEREAS, on March 21, 2011, the City Council approved Ordinance 2011-11 for 107 Shadwell Way, addressing .333 acres designated as Lot 1, Block 1 of Willow Hollow, referencing the zoning classification as PUD-SUP, and approving a new SUP for NAICS uses #52 ( Finance and Insurance), #531 ( Real Estate), and #54 ( Professional, Scientific and Technical Services, except 4541380 Testing Laboratories and #541940 Veterinary Services); and WHEREAS, the City Council has determined the need to clarify and correct the above referenced Ordinances to confirm that 107 Shadwell Lane is now determined to be the Original Property, comprising Lots 1, 2, and 3 of the Winding Hollow plat, each with approximately .333 acres. Lots 2 and 3, now being known as 105 Shadwell Lane, having a zoning classification of PUD-SUP, with Lots 2 and 3 being permitted an SUP for: Banquet Facility, Florist, Chapel, Spa, Membership Gym with Member's Childcare Facility, Hair/Beauty Salon, Office Space related to businesses on the site, Restaurant, Medical Office and Health Services related to the spa and gym, Retail Sales, Common open and/ or recreational space, childcare, swim lessons, swim parties,water aerobics and catering. WHEREAS, Lot 1, now being known as 107 Shadwell Lane, is currently permitted an SUP for NAICS uses #52 ( Finance and Insurance), #531 (Real Estate), and#54 (Professional, Scientific and Technical Services, except #541380 Testing Laboratories and #541940 Veterinary Services) and owner is now requesting an additional SUP for NAICS uses # 812112 (Beauty Salons), provided hereafter; and WHEREAS, the Planning and Zoning Commission and the City Council have conducted, in the time and manner required by law and the Zoning Ordinance of the City, a Ord 2013-41 4 public hearing on such request; and WHEREAS, the Planning and Zoning Commission has filed its written report with City Council, which recommends approval of the application, subject to certain conditions; and WHEREAS, the City Council deems it appropriate to grant such request, subject to certain regulations,restrictions, 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; including the representations of Applicant, (including those referenced in its application for PUD-SUP amendment), the final report from the Planning & Zoning Commission, the minutes of City Council, property identification, (Exhibit "A") and plans, (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. The specific corrections and clarifications of the prior ordinances as recited and contained in the preamble are hereby adopted and approved. Section 2. Appendix C of the Friendswood City Code, the zoning ordinance of the City, is amended by granting an additional Specific Use Permit (SUP) amendment to the Property, located at 107 Shadwell Lane (.333 acres, being Lot 1, Block 1 of Winding Hollow, according to the map or plat thereof recorded in Plat Record 18, Map Number 1062 in the Map Records of Galveston County, Galveston County, Friendswood, Texas and being more specifically depicted in Exhibit "A"), by amending Ordinance 2011-11, adopted on March 21, 2011 to add NAICS use 4812112 Beauty Salons, incorporating any conditions, restrictions and regulations of such Prior Ordinance 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 change in zoning Ord 2013-41 5 i classification of said Property as described in Section 2 hereof; and the specific corrections and clarifications of the prior ordinances as adopted and approved herein. 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. Ord 2013-41 6 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. Kevin M. a land Mayor ATTEST: .0F FRITH'• Melinda Welsh, TRMC : '•o` :® City Secretary :p °NSA ° °°.9OF TEy'P�? Ord 2013-41 7 Exhibit"A" to Ordinance No. 2013-41 Surveys and Maps of property located at 107 Shadwell Lane: 1. Metes and Bounds description of Property 2. Location Map 3. Zoning Map 4. Aerial Map Ord 2013-41 8 i • C1. 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Legend SIR • Address Points -.City Limits ;:,1:111111:11111 i 1 ......1111 ' - ' Counties "` `ii!ii111 r/7//d Parks -f. i Special Uses Disclaims,This product is for informational purposes and may not have been prepared for or be suitable for legal,engineering,or surveying purposes.If does nod represent an an-Iheground survey and represents only the approximate relative location of property boundaries.Gov C.§2501.102.The user is encouraged to meatuendenlly verify all information contemedin this product The City of Fn mdswood makes no representation or womanly as to the accuracy of this product or to its fitness for a particular purpose The user(i)accepts the product AS IS,WITH ALL FAULTS;(2)assumes all responsibility for the use thereof, and 3 releases the City of Poendsivood from any damage,loss,or liability aming from such use. City Friendswood e 910 South Friendswood 546 Friendswood GIS Mapping Friendswood,9 Texas 77546 (281)9963200 - -4 ' wwwci.friendswood.N.us 1 ^= fi2 r 7 ti. 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( I � p���VV . • la I n 5 107 � s tff yuu/ � 51,104 Q_ 22 u 6 t' v ti Subject Property: Ln. y a 1 � � Legend s'. r -- Creeks •. 1 =:; ::.'City Limits '__� Counties X02 �%1 Parks Disclaimer.Thlsproduct is forimarmational purposes and may net have been prepared furor be suitable forlegel,engineering,orsurvoying purposes.It does not represent an on-the9round survey and represents only the approximate relative location ofpmpedy,boundaries.Gov.C§2501.102.The useris encouraged to independently verify all information cantainedin this product.The City of Fnendswood makes no representation or warranty as to the accuracyof this product or to its fitness for a particularpurpose.The user(1)accepts the productAS IS,WITHAL!.FAULTS,(2)assumes all responsibility for the use Ihereoh, and(3)releases the City of Friendswood hom any damage,loss,orbability raising from such use City South Friendswood e �,a 910 Friendswood Drive Friendswood GIS Mapping c:r Friendswood,(281)9 Texas 77546 (281)9963200 i "t°'� wwwci.Hiendswood.tx.us 1 "= 124 ' Exhibit"B" to Ordinance No. 2013-41 Required by section 7. J. 2. of the Zoning Ordinance to be incorporated into the PUD: 1. Application 2. Site Plan 3. Prior Ordinance 2011-11 4. Rezoning Report Ord 2013-41 9 i CITY OF FRIENDSWOOD c+raF SPECIFIC USE PERMIT APPLICATION SLr r REQUESTED DATE FILED:�- t1-11 3 r OMW , FROM: O 20111 I DATE OF PUBLIC HEARING: TO: Am t,\Al ,� 4 b1z(121e,�.l' FEE: $300.00 PROPERTY IDENTIFICATION: StreetlRoadAddress: 1 O'+ Lot: _, Blocic-,Addition: i LEGAL DESCRIPTION: Describe from deed records, attach copy o filed deed, and Include a Metes and Bounds description, PLATTED LAND: T�)lt UNPLATTED LAND (Must have certified metes and bounds description, Including name and address and telephone number of surveyor) RECORDED OWNER: OWNER'S INFORMATION � )J NAME: EMAILADDRESS:, � \�h� Scay��tC}i7W� �7 •CU �I PHONE NUMBER: f?'l Gy/ &'2/ FAX#: MAILING ADDRESS n 1>9x l k 3 S CITY, �tvu1� ��� STATE ZIP ��� 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 or written representations and/or declarations on the owner's behalf and the owner understands and acknowledges that 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: As owner/agent, I here y petition the City for approval of the above described request as proved d by the I u4a the State of Texas and Ordinances of the City of Friendswood. Signal/ l Signature: ( w ep (Agent) FEE: DATE PAID: NUMBER: 4/16/2009 ---' --_------ ~--'-�--- (8 SHADWELL LANE (V CONCRETE 0) DRIVE Al 19.7: ell Ul EXISTING 16' U' (VOLUME 15, PA � /' / • 1 1 1 'gin c � 'Atuno,) 1,101sanIn9 Jo SPA01)a�{ c! Vp 1 . . ?u, Dale L. Hardy Registered Land S Professional ury eyor 4847 Qv- SQU aj 0 ` I\> )) Parking Calculations (9/2013) 1 st Floor/1980sgft - Eye lash/spray tan studio/ Beauty Salon: 1 space per 250sgft GFA (Other) requires 8 spaces 2nd Floor/634 sqft - Professional Offices: 3.8 ° spaces per 1,OOOsgft GFA (General Business Offices) requires 3 spaces 11 Total required 10 Existing With 5% deviation, 10 spaces is sufficient. ji (Title: An ordinance changing the zoning classification of a .333 acre tract located at 107 Shadwell Way from Planned Unit Development with Specific Use Permit (PUD-SUP) to Planned Unit Development with (new) Specific Use Permit (PUD-SUP) to allow the property owner to use the property for NAICS uses #52 (Finance and Insurance), #531 (Real Estate), and 454 (Professional, Scientific and Technical Services, except 541380 Testing Laboratories and 541940 Veterinary Services)). ORDINANCE NO.2011-11 AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER, 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY CHANGING THE ZONING CLASSIFICATION OF PROPERTY LOCATED AT 107 SHADWELL WAY WITHIN THE CITY FROM PLANNED UNIT DEVELOPMENT WITH SPECIFIC USE PERMIT (PUD-SUP) TO PLANNED UNIT DEVELOPMENT WITH (NEW) SPECIFIC USE PERMIT (PUD-SUP) TO AUTHORIZE THE USE OF THE PROPERTY FOR NAICS USES 952 (FINANCE AND INSURANCE), #531 (REAL ESTATE), AND #54 (PROFESSIONAL, SCIENTIFIC AND TECHNICAL SERVICES USES, EXCEPT 541380 TESTING LABORATORIES AND 541940 VETERINARY SERVICES); PROVIDING FOR THE AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. WHEREAS, the property located at 107 Shadwell (the "Property") is currently zoned Planned Unit Development with Specific Use Permit(PUD-SUP);and WHEREAS, the uses of the property permitted by the Specific Use Permit are currently not in use; and WHEREAS, Clayton Alan Johnson, the Owner, would like to use the property for NAICS uses #52 (Finance and Insurance), #531 (Real Estate), and #54 (Professional, Scientific and Technical Services, except 541380 Testing Laboratories and 541940 Veterinary Services); and WHEREAS, the comprehensive zoning ordinance of the City permits the use of land, buildings and structures for these uses within the Planned Unit Development district only pursuant to a Specific Use Permit(SUP)granted in accordance herewith; and WHEREAS, the Owner has filed an application with the City of Friendswood requesting that the Property be rezoned with a new SUP to allow these desired uses and terminating the uses allowed by the previous SUP; and WHEREAS, the Planning and Zoning Commission and the City Council have conducted, in the time and manner required by law and the Zoning Ordinance of the City, a public hearing on such request; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed new SUP and the City Council deems it appropriate to grant such request, subject to certain regulations,restrictions,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 zoning classification of that certain .333 acre tract of land located at 107 Shadwell Way, same being more particularly depicted in the site plan attached as Exhibit "A" hereto, and shown and described on Exhibit B, attached hereto, and for all things made a part hereof, and also being: , .333 acres, being Lot 1, Block 1 of Winding Hollow, according to the map or plat thereof recorded in Plat Record 18, Map Number 1062 in the Map Records of Galveston County, Galveston County,Friendswood, Texas, Ord 2011-11 2 is hereby changed from Planned Unit Development with Specific Use Permit (PUD-SUP) to Planned Unit Development with (new) Specific Use Permit (PUD-SUP) to permit the uses specified in Section 3 below. Section 3. The City Council of the City of Friendswood, Texas, hereby grants a new Specific Use Permit for the property located at 107 Shadwell Way, as set forth below: A. The property owner may use the property for NAICS uses #52 (Finance and Insurance), #531 (Real Estate), and#54 (Professional, Scientific and Technical Services, except 541380 Testing Laboratories and 541940 Veterinary Services). B. Any and all uses specified in any previously granted SUP affecting this property are null and void. Section 4. 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 5. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. Section 6. 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. PASSED AND APPROVED on first reading this 70'day of March,2011. Ord 2011-11 3 PASSED, APPROVED, AND ADOPTED on second and final reading this the 21" day of March,2011. } r; avid J Hi Stir h Mayor J ATTEST: O� FR�ENpS h44 �a Melinda Welsh,TRMC v o City Secretary s�qr� of Ord 2011-11 4 Exhibit A R.Q.W. Ul (Ord 2011-11) SHADWVELL LANE (Vr (60' F Irh� .sfF Ate' �'cr I F��A Fp N 44'28'11 E 9. .66' �rrf N i�sr�li`.X CONCRETE err Pr- DRIVE .i'^ •52.9':;/Z%':w ,' n§ q+. +�i, " ��� o Z y O,`O� S� X2.6' n+ 2.6' -P CD ,o9 O i S CO 7j'slyOOO m Cn n � k (+ q `9` o 4.5' 16.2'ri4i a^ ,,9 Coop EXISTING 16 U P ~ (VOLUME 15, PP 44'28'11 W 96.66' S-e� �'Or0/';. f cF n A a . • 1 "1 1 rr Gnu 1.. 1 } uno� uo1sanIDO JO sP_iooa�{ d • 1 .j . Dale L. Hardy Registered Professional Land Surveyor 4847 1�cZlliii;ft�s 01 Ica w lilt 0 s �1 , r � t yA i s�r'a i x `��+�� � �ti � � ,air •;r '3 i �re � . r.r ti 3J'�1 , , .. k 2r �t4 �t` 1 Ji xt i Iir�z-'✓ A tyl -�. 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"Q I p 9�g Exhibit B2 p' 907 (Ord 2011-11) 302 p� rO 1014 ? 0 904 916 ^ 8 or 242 '0 7 204 910 4 5 2 110 1 1101 906 108 N A/ 210 Park 104 Q� ryp� ZN ^6pti ^ryp n 105 ^�pA Py ^p 220 p ( o� 1104 10 222 V ^ \ I 306 1 �� FS ` r bidCiiy"parK - 1108 1301 301 Disdaimer The Cily of Ftlendswood makes no repsasewsunn or v.my as to the accuracy ofthfs map and its information nor io its fitness for use.Anyuse otfhis map product accepts the some AS IS, MM ALL FAULTS,and assumes all reaponsibilify for the use thereof and What agrees to not hold the City ofFaiendwvood liable Tram any damage,toss,orliabilily arising from any use aline map product Independent vadfication ofalllNmmation contained on this map should be obtained by the end user isCity of Friendswood 910 South Friendswood O46 Friendswood GIS Mapping Friendswood,Texas 77546 (281)996.3200 wxM1eci.fdends ood.lx.as 7 "=260' Rezoning Report September 2013 Project: 107 Shadwell Lane .333 acres,being Lot 1, Block 1 of Winding Hollow,according to the map or plat thereof recorded in Plat Record 18,Map Number 1062 in the Map Records of Galveston County,Galveston County,Friendswood,Texas Applicant: Clayton Alan Johnson Request: To Amend SUP 2011-11 by adding NAICS Use: #812112 Beauty Salons Purpose of Specific Use Permits(SUP): Appendix C—Zoning Ordinance, Section 9.G.1. "1. Piapose. This section provides the city council the opportunity to deny or to conditionally approve those uses for which specific use permits are required. These uses generally have unusual nuisance characteristics or are of a public or semipublic character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use, the importance of the use's relationship to the comprehensive plan, or possible adverse impact on neighboring properties of the use, review, evaluation, and exercise of planning relative to the location and site plan of the proposed use are required. (...) 9. Amendments. The procedure for amendment of a specific use permit shall be the same as for a new application, provided, however,that the city manager may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in any increase in external impact on adjacent properties or neighborhoods. Proposed Use: The applicant is proposing to use the existing structure with NAICS use: 4812112 Beauty Salons Existing Use/Site Attributes: The property is currently developed with a two story building that was last used as an insurance office. Zoning History: The property was originally zoned R-1 (Single Family Residential), until Ordinance 84-15, changed R-t to SFR (Single Family Residential). Then, the zoning was changed from SFR to OPD in 1993. In 1999, the property was rezoned from OPD to PUD and then the accompanying SUP was approved in 2000 to allow a multi-use facility designed for entertainment and personal services including a banquet facility, florist, chapel, spa, membership gym with member's childcare facility, hair/beauty Salon, office space related to businesses on site, restaurant, medical office and health services related to the spa and gym, and retail sales related to businesses on site. 1 In 2005,the SUP was amended to allow childcare, swim lessons,swim parties, water aerobics and catering uses. In 2011, a new SUP was approved to allow NA1CS Use #52 Insurance and Finance, #53 Real Estate and Rental and Leasing, and #54 Professional, Scientific and Technical Services. Adjacent Zoning/Land Use: The property to the Northwest is Stevenson Park and is zoned Single Family Residential. The property to the Northeast is zoned PUD. The tract to the South is zoned Single Family Residential. Platting Analysis: The property is platted as Lot 1,Block 1 of Winding Hollow Addition. Comprehensive Planning Analysis: The Future Land Use Map identifies this area as mixed use. Infrastructure/Service Delivery Impacts Storm Water Management and Floodplain Issues: The portion of the property proposed to be developed is in the 500-year floodplain which requires no additional mitigation. Drainage: An engineered drainage plan is required for further development of the property. Utilities: Utilities are existing with current connections to the existing structure. Transportation: The property has access to Shadwell Lane. Public Safety: The Fire Marshal's Office and Building Division require that the use(s) of any space be approved and in compliance with applicable codes or ordinances prior to any changes in the building prior to the space being occupied. The approval process is as follows: submit plans, review and approval of plans, inspection, and approval for occupancy. School District: The proposed PUD-SUP will have no affect on the School District. Park/Open Space: The proposed PUD-SUP will have no affect on Park Dedication requirements. 2