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HomeMy WebLinkAboutOrdinance No. 86-14 ORDINANCE N0. 86-14 AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE N0. 84-15, PASSED AND APPROVED THE 19TH DAY OF NOVEMBER, 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY CHANGING THE ZONING CLASSIFICATION OF A CERTAIN 13.3288 ACRE TRACT OF LAND FROM NNLTIPLE FAMILY RESIDENTIAL-LOW DENSITY DISTRICT AND COMMUNITY SHOPPING CENTER DISTRICT TO PLANNED UNIT DEVELOPMENT DISTRICT N0. 1 ; REGULATING AND RESTRICTING THE USE, SIZE, HEIGHT AND DENSITY OF POPULATION WITHIN SAID DISTRICT; GRANTING A SPECIFIC USE PERMIT FOR DEVELOPMENT WITHIN SAID DISTRICT OF A RETIRFMENT HOME FOR THE AMBULATORY ELDERLY; PROVIDING LIMITATIONS, RESTRICTIONS, AND CONDITIONS ON SUCH SPECIFIC USE: PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY; CONTAINING OTHER MATTERS RELATING TO THE SUBJECT; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $1 ,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF. � � � � � � WHEREAS , Friendswood Retirement Living Center, L.T.D. , is the owner of a certain 13. 3288 acre tract of land located at the intersection of Winding Way and F. M. 528, situated within the corporate limits of the City of Friendswood, Texas ; and WHEREAS, a portion of said tract of land is currently zoned as Multiple Family Residential-Low Density District and the remainder as Community Shopping Center District ; and WHEREAS, Friendswood Retirement Living Center, L.T.D. , has made application to the City for a change in zoning classification for such tract to Planned Unit Development District and has further requested the granting of a Specific Use Permit authorizing the development of a retirement center for the ambulatory elderly within said proposed District ; 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 each such request ; and WHEREAS , the Plannin� and Zoning Commission recommended and the City Council now deems it appropriate to grant each such request subject to certazn regulations , restrictions , and conditions ; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS : Section l . The facts and matters set forth i_n the preamble of this Ordinance are hereby found to be true and correct. Section 2. The zoning classification of said 13. 3288 acre tract of land is hereby changed from Multiple Family Residential-Low Density District and Community Shopping Center District to the designation of Planned Unit Deveolpment District No. 1 , subject to the regulations , restrictions , and conditions hereinafter set forth. Said 13.3288 acre tract of land is more fully discribed and depicted in Exhibit "A" attached hereto and made a part hereof. Section 3. Planned Unit Development District No. 1 ("PUD ��1") shall be, and is hereby, subject to the following regulations and restrictions : A. Use Regulation. In PUD ��1 no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, unless otherwise provided in this Ordinance, except for one of more of the following uses : 1 . Mult�-family dwelling units for the ambulatory elderly and customary accessory uses in accordance with and subject to the Specific Use Permit granted herein below. 2 . Common open and/or recreational space. B. Height Regulations . No building or structure shall exceed thirty five feet (35' ) in height or exceed one (1) story. C. Yard Requirements . The minimum front, side, and rear yards shall be as depicted and delineated on Exhibit "A" hereto. D. Sign Re�ulations . Signs shall comply with applicable sign regulations for MFR-L. E. Additional Re�ulations . PUD ��1 shall be developed substantially in accordance with the development plan attached hereto as Exhibit "A", which development shall commence within two (2) years from the date of adoption hereof. For the purposes herein, �evelopment shall be deemed to have commenced upon the start of actual construction of -2- • • ' . . facilities and/or im�rovements serving such facilities such as roads , drainage, or utilities . In the event such development has not commenced within two (2) years of the date of adoption hereof then the zoning classification of said 13. 3288 acre tract of land shall automatically revert to the classifications in effect immediately prior to adoption of this Ordinance. Section 4. The designation of PUD ��1 shall be, and is hereby, conditioned upon substantial compliance with the development plans attached hereto as Exhibit A. Section 5. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of PUD 4�1 on said 13. 3288 acre tract of land 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 6. Said 13.3288 acre tract of land is hereby granted a Specifi.c Use Permit authorizing the use of said tract as a Retirement Center for the ambulatory elderly, as authorized by City of Fri.endswood Ordinance No. 84-15, and subject to the conditions and limitations contained herein. Section 7 . The Specific Use authorized and permitted hereby shall be, and is , subject to the following limitations, restrictions , and conditions : A. Access . Ingress and egress into said tract shall be limited as shown on Exhibit A hereto. B. Fences , Walls , Screening, Buffering . All fences , walls , screening and buffering shall be constructed and maintained in accordance with and subject to the development plan for same as depicted and delineated on Exhibit A hereto. C. Parkin� . Parking shall be provided in accordance with the parking plan contained in Exhibit A hereto. D. Draina�e. Al1 drainage improvements shall be constructed in accordance with the development plan contained in Exhibit A hereto. E. Compliance with Site and Development Plan. The granting of the Specific Use Permit shall be, and is hereby, -3- __ ___._ __. _.___ ____ -- -- conditioned upon substantial compliance with the site and development plan attached hereto as Exhibit A. Section 8. This Ordinance shall in no manner amen�, chan�e, supplement, or revise any provision of any ordinance of the City of Friendswood, save and except the change in zoning classification of said 13.3288 acre tract of land to Planned Unit Development District No. 1 as described above, the granting of the Specific Use Permit therefor, and the imposition of the rules , regulations , restrictions , and conditions applicable to the PUD ��1 and Specific Use Permit specifically contained herein. Section 9. 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 such part thus declared to be invalid or unconstitutional , or whether there be one or more parts . Section 10. 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 $1 ,000.00. Each day of violation shall constitute a separate offense. PASSED AND APPROVED on first reading this 4th day of Auqust , 1986. PASSED AND APPROVED on second reading this 6� day o f Octobe� � , 19 8 6. PASSED, APPROVED, AND ADOPTED on third and final reading this 2p� day of October , 1986. -4- ___T__._. _�_.. __._.__, .____ _�__ __ _- CITY OF FRIENDSWOOD, TEXAS � Mayor ATTEST: � . � ity S cretary -5- __ _____ � _ __..._ ____._. �...._r._._�__. _ ___�__.__._. . _ �__..