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HomeMy WebLinkAboutZBOA Decisions 10/22/1996-5000 Watkins Way DATE SCHEDULE FOR ZONING BOARD OF ADJUSTMENT NAME OF APPLICANT: TRIPLEROCK, INC. LOCATION OF PROPERTY: 5000 Watkins Way, 10.91 AC. out' of Sarah McKissick Survey, Sect. 1, Abst. #549, Harris Cty. , Tx. REASON '1'ft..TESTING : Requesting Administrative review of enforcement by City Officials of the Amendments to the FWD. City Code, Appendix C-Zoning (specially Ord #96-10-, which restricts bldgs. to 2 stories & Ord. 96-14 which limits Density of PER H property to 12 units per Acre. PUBLIC HEARING DATE: 10/22/96 Application received in City Secretary's Office 10/01/96 Date set for Public Hearing by Zoning Board of Adjustment Chairman 10/22/96 Request tax office to furnish name of property 10/02/96 owners within 200 feet. Notice published in official newspaper 10/09/96 14-10 days prior to hearing) Letters mailed to property owners within 200 feet. 10/11/96 10 days prior to hearing) Public Hearing Held DEFEFRFn TO 11/19/96 Decision made by the Zoning Board of Adjustment Applicant notified *DEFFERED TO: 11/19/96 DEFFERED TO : 11/19/96 fy C if u If/Ad/vo VL:JI LJIL OOV JLVV aa�.a i✓arr✓V✓ L vvrvvv FRIENDSWOOD ZONING BOARD OF ADJUSTMEN!DO^ REQUEST FOR HEARING �ZS3ll,3 NAME:Blad{I'mk ApartrtEnts,LTD. PHONE: (713) 5522-1800 ADDRESS: � 2343 Slmset Blvd. Ha ztan, III 77005 rn ADDRESS OF SUBJECT PROPERTY:5WO tkim Way �f. e\y w LEGAL DESCRIPTION OF PROPERTY: Attardjed RECORDED SUBDIVISION PROPERTY IS IN; HaniS Cbxmty, ItDOS UNDER WHAT ORDINANCE (NUMBER AND SECTION) IS APPEAL BEING MADE?: Sec. 10, ARmylix C of t1-E City of FYiff swood zaAr CJ m-d].TlanOe Tripl..radc, Inc. PRINTED NAME OF OWNER: BLrkbmd IrnestITEnt Partners, Inc. D I 1A ED REPRESENTATIVE: • 14 SI ATU T OWNER: DATE: •.......ti...A.......... .................*................ ......... DATE 6 TIME RECEIVED: SEEKING VARIANCE FOR: ADMINISTRATION OF CITY OFFICIALS OF THE AMENDMENTS TO FRIENDSWOOD CITY CODE, MMMIX G--=NG 14(SPECIFICALLY #96-10 WHICH RESTRICTS BUILDINGS TO TWO STORIES & 6-14 WHICH LIMITS DENSITY OF MFR-H PROPERTY TO 12 UNITS PER ACRES) . STAFF C0144ENTS: THE APPLICANT•DOES NOT SHOW THAT THE ENFORCEMENT OF THE CODE RESULTS IN UNNECESSARY HARDSHIP AS REQUIRED. CITY APPROVAL: DATE: •.............................e.........t.....R.7.•......f..1........• ACCEPTING APPLICATION ON BEHALF OF CITY: '—z Xt� O �D % E: DATE, FEE PAID: L- Q ..................................................►.•.•............... DISPOSITION OF CASE: APPROVED: DEFERRED TO: NOVEMBER 19, 1996 CHAIRMAN: DATE: REFUSED: CHAIRMAN: DATE: REASON FOR REFUSAL: SEP-23-1996 14.45 713 996 3260 74% P.03 "A" A tract or parcel of land containing 10. 91 acres, more or less out of the Sarah McKissick Survey, Section 1, Abstract No. 549, in Harris County, Texas, being more particularly described by metes and bounds as follows: COMMENCING at the most Northerly corner of the Sarah McKissick Survey, Abstract No. 549, Harris County, Texas, and the Southwesterly corner of the Thomas Choate Survey, Abstradt No. 12, Harris County, Texas, said point also being the most Northerly corner •of Reserve "A" of Wedgewood Village, Section One-; THENCE North-45 deg. 31 min. 23 sec. East, along the Southeasterly right-of-way line of Choate Road, a distance of 169. 10 feet to a 1/2 inch diameter iron rod and a -point for corner on the Southeasterly right-of-way line of Farm to Market Road 2351 , based on 120.00 feet in width; THENCE in a Northeasterly direction along the Southeasterly right-of-way line of FM 2351, and also following along a curve tp the left, having a radius of 1,970.08 feet, a central angle of 14 deg. 10 min, 37 sec. , and an arc length of 487.47 feet to a 1/2 diameter iron rod and a point of tangency; THENCE North 45 deg. 31 min. 23 sec. East along the Southeasterly right- of-way line of FM 2351, a distnace of 667.20 feet to a 1/2 inch diameter iron rod and a point for corner; THENCE South 44 deg. 46 min. 24 sec. East a distance of 501.03 feet to a 1/2 inch iron rod and a point for corner; THENCE South 45. deg. 31 min. 23 sec. West, a distnce of. 661.75 feet to a 1/2 inch iron rod and the POINT OF BEGINNING of this tract; THENCE South 44 deg. 46 min. 24 sec. East, a distance of 728.31 feet to a 1/2 inch iron rod and a point for corner; THENCE South 45 deg. 28 min. 36 sec. West, a distnace of 650.75 feet to a 1/2 inch iron rod and a point for corner; THENCE North 45- deg. 02 min. 48 sec. West, a distnace of 728.85 feet to a 1/2 inch iron. rod and a point for corner; THENCE. North 45 deg. 31 min. 23 sec. East, a distance of. 654.23 feet to a- 1/2 inch iron rod and the POINT OF BEGINNING of this tract and including 10.91 acres, more or less. NOTE: The Company does not represent that the above acreage or square footage calculations are correct. . § 11 FRIENDSWOOD CODE. 0 Section 11. The board of adjustment—Powers and duties. The board of adjustment shall have the following powers and duties: A Administrative review. lb hear and decide appeals where it is alleged there is error in any order, requirement,decision, or determination made by an administrative official in the enforcement of this ordinance.The board shall apply the following standards in deciding the appeal: 1. That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map. 2. That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. 3. The decision of the board must be such as will be in the best interest of the community and consistent with the spirit and interest of the city's zoning laws. Variance: conditions governing applications:.authority and limitations. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. In exercising such powers of variance, the board may, in conformity with'the provi- sions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and make such order,require- ment,decision, or determination as ought to be made, and to that end the board shall have all the powers of the officer from whom the appeal is taken. In granting any variance, the board of adjustment may describe appropriate condi- tions and safeguards in conformity with this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance. Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved,.-or any use, expressly or impliedly, prohibited by the terms of this ordinance in said district. C. Special exceptions. To hear and decide special exceptions to the terms of this ordi- nance upon which the board is required to pass under this ordinance. D. Vote required:appeals;variances,special exceptions. The concurring vote of four mem- bers of the board.shall be,necessary to.reverse any order, requirements,•decision, or determination of an administrative official,or to effect any variation in the application of this ordinance, or to decide in favor of the.applicapt on any matter or special exception upon which.it is required to pass or decide under this ordinance. (Ord. No. 90-18, § 2, 7-23-90) Supp. No. 1 CDC:54 ]BUCKHEAD INVESTMENT PARTNERS 9/28/96 cc: M & C INCORPOR A TED John 0. 6�11 Big �p�1c<' • SFp c��' cF r996 OFF 20 September, 1996 cMq�N ��o �ti VIA MESSENGER / Ms. Linda A. Taylor, Acting Building Official CITY OF FRIENDSWOOD 22232Q 910 S. Friendswood Dr. Friendswood, TX 775464856 P-4� chi Mr. Douglas K. Kneupper, P.E., Community Development Director .0 CITY OF FRIENDSWOOD 910 S. Friendswood Dr. �' Friendswood, TX 775464856 Mr.Hal Taylor, Chairman, Zoning Board of Adjustment CITY OF FRIENDSWOOD 910 S. Friendswood Dr. Friendswood, TX 775464856 Re: Notice of appeal by Buckhead Investment Partners, Inc. (the "Applicant") and Triplerock, Inc. (the "Owner") of disapproval of Building Permit Application for The Enclave at Quail Crossing Apartments (the "Project"); Applicant and Owner are sometimes collectively referred to as "we", "our"and "us", hereinbelow. Dear Ms. Taylor, Mr. Kneupper and Mr. Taylor: In accordance with paragraph B, section 10, Appendix C of the Friendswood City Code, this letter constitutes our notice of appeal to the board of adjustment of the City of Friendswood's disapproval of the building permits for the Project on the basis of dwelling unit density and building height cited in Mr. Kneupper's and Ms. Taylor's letters dated July 24, 1996 and September 11, 1996. Please be advised that the Project site has been zoned Multifamily-High ("MFR-H") since its annexation by the City of Friendswood in 1982, and ad valorem taxes based on the site being valued for this use have been paid since that time. 2343 SUNSET BOULEVARD•HOUSTON,TEXAS•77005•(713)522-1800.FAcsimILE(713)522-1840 i I Mr. Douglas K. Kneupper, P.E. Ms. Linda A. Taylor Mr. Hal Taylor 20 September, 1996 Page Two Whereas Mr. Kneupper's and Ms. Taylor's letter dated July 24, 1996 states, "the building plans indicate a dwelling unit density of approximately eighteen (18) dwelling units per acre of land" and that, "the City of Friendswood Zoning Ordinance provides for a maximum density of twelve (12) dwelling units per acre of land in the multiple-family residential dwelling - highest density district (MFR-H)", section 7.Q.2, Regulation Matrix, Appendix C of The City of Friendswood Zoning Ordinance in effect on the date on which the first permit application for the Project was filed, establishes a dwelling unit density of eighteen(18) units per acre in a MFR-H district. And whereas Mr. Kneupper's and Ms. Taylor's letter dated September 11, 1996 states, "City staff has noted three (3) story buildings" which "measure between forty (40) and forty-two (42) feet in height," and that, "the City of Friendswood Zoning Ordinance allows buildings and structures up to a maximum height of thirty-five(35) feet and allows a maximum of two (2) stories", section 7.Q.2, Regulation Matrix, Appendix C of The City of Friendswood Zoning Ordinance in effect on the date on which the first permit application for the Project was filed, permits three (3) story structures and establishes a maximum building height of thirty-five (35) feet in a MFR-H district. Further, section 7.Q.3(b) provides that "a building or structure may exceed the maximum height established by the applicable district regulations if the building or structure will fit under an imaginary line that is 63.5 degrees, with the horizontal, at the outer edge of the yard." And whereas, paragraph (a), section 481.143, subchapter I of the Government Code of the State of Texas pertaining to State and Local Permits provides that, "the approval, disapproval, or conditional approval of an application for a permit shall be considered by each regulatory agency solely on the basis of any orders, regulations, ordinances, rules, expiration dates, or other duly adopted requirements in effect at the time the original application for the permit is filed,"-and that, "if a series of permits is required for a project, the orders, regulations, ordinances, rules, expiration dates, or other duly adopted requirements in effect at the time the original application for the first permit in that series is filed shall be the sole basis for consideration of all subsequent permits required for the completion of the project, and all permits required for the project shall be considered to be a single series of.permits." Further paragraph (a), section 481.143, subchapter I of the Government Code of the State of Texas pertaining to State and Local Permits provides that, "preliminary plans and related subdivision plats, site plans, and all other development permits for land covered by such preliminary plans and subdivision plats are considered collectively to be one series of permits." And whereas, paragraph (c), section 481.143, subchapter I of the Government Code of the State of Texas pertaining to State and Local Permits further provides- that, "this [section 481.143, including paragraph (a) cited above] does not apply to...municipal zoning regulations that do not affect lot size, lot dimensions, lot coverage or building size". We therefore file this appeal to the board of adjustment of the decision to disapprove the building permits for the Project on the basis of dwelling unit density and building height on the following grounds: Mr. Douglas K. Kneupper, P.E. Ms. Linda A. Taylor Mr. Hal Taylor 20 September, 1996 Page Three 1. The original application for the first permit required by the City of Friendswood for the Project was for preliminary plat approval and was filed with the City of Friendswood ten (10) days prior to April 4; •1996 when it was approved by the Planning and Zoning Commission. As required by the City of Friendswood, the preliminary plat clearly indicated three (3) story buildings which fit under the imaginary 63.5 degree plane and a dwelling unit density of eighteen units per acre in accordance with the Zoning Ordinance of the City of Friendswood in effect at the time the application was filed. 2. A letter to us from the City of Friendswood dated April 10, 1996 states that "the site plan submitted to the City of Friendswood [for the Project] complies with all codes and ordinances as they relate to the site plan," and that, "no other approvals are needed for the site plan." The site plan cited in this letter clearly indicated three (3) story buildings which fit under the imaginary 63.5 degree plane and a dwelling unit density of eighteen units per acre in accordance with the Zoning Ordinance of the City of Friendswood in effect at the time the application for preliminary plat approval was filed. 3. Pursuant to paragraph (a), section 481.143, subchapter I of the Government Code of the State of Texas pertaining to State and Local Permits, cited above, our applications for preliminary plat approval, final plat approval and building permits are considered a single series of permits and the approval or disapproval of the building permits (as well as all other permits in the series required for the Project) must be considered solely on the basis of the ordinances (including the Zoning Ordinance of the City of Friendswood) in effect at the time the original application for the first permit in the series (i.e. our application for preliminary plat approval) was filed with the City of Friendswood. As set forth above, the Zoning Ordinance of the City of Friendswood in effect a! the time our application for preliminary plat approval was made allows a dwelling unit density of eighteen (18) units per acre and three (3) story buildings up to thirty-five (35)feet in height and higher if.they fit under the imaginary 63.5 degree plane. 4. Paragraph (c), section 481.143, subchapter I of the Government Code of the State of Texas pertaining to State and Local Permits, cited above, 'provides that paragraph (a) of the same section, requiring that the building permits be approved or disapproved solely on the basis of the ordinances in effect on the date on which the application for preliminary plat approval was made, does not apply to municipal zoning regulations that do not affect lot coverage(i.e. density) or building size (i.e. height). This language contains a double negative, meaning in other words, that paragraph (a), requiring that the building permits be approved or disapproved solely on the basis of the ordinances in effect on the date on,which the application for preliminary plat approval was made, does apply to municipal zoning regulations that do affect lot coverage (i.e. density) or building size (i.e. heig Mr. Douglas K. Kneupper, P.E. Ms. Linda A. Taylor Mr. Hal Taylor 20 September, 1996 Page Four We therefore request that the board of adjustment reverse the decision of the City of Friendswood staff to disapprove the building permits for the Project on the basis of dwelling unit density and building height as set forth in those certain letters signed by Mr. Kneupper and Ms. Taylor, first referenced above. Very sincerely, BUCKHEAD INVESTMENT PARTNERS, INC., General Partner of B ackhawk Apartments, Ltd. Matt ew J. Nrgan President MJM/mp ORDINANCE NO. 9 6—10 t r ' AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER 1984, SAME ALSO BEING APPENDIX C TO THE FRIENDSWOOD CITY CODE,AND BEING THE ZONING ORDINANCE OF THE CITY, BY DELETING FROM PARAGRAPH 3 OF SUBSECTION Q OF SECTION 7 THEREOF ALL OF SUBPARAGRAPH b AND SUBSTITUTING THEREFOR A NEW SUBPARAGRAPH b; PROVIDING THAT BUILDINGS AND STRUCTURES SHALL BE LIMITED TO TWO STORIES, EXCEPT THAT BUILDINGS AND STRUCTURES LOCATED IN ZONING DISTRICT SFR (SINGLE-FAMILY RESIDENTIAL) ARE PERMITTED TO HAVE TWO AND ONE-HALF STORIES IF NO LIVING QUARTERS ARE LOCATED WITHIN THE TOP ONE-HALF (1/2) STORY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR. SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19th day of November, 1984, same being Appendix C of the Friendswood City Code, and being the Zoning Ordinance of the City, is hereby amended by deleting subparagraph b of paragraph 3 of Subsection Q of Section 7 thereof, which provides as follows: [b. A building or structure may exceed the maximum height established by the applicable district regulations if the building or structure will fit under an imaginary line that is 63.5 degrees, with the horizontal, at the outer edge of the yard.] and substituting therefor the following: b. A building or structure may not exceed two (2) stories; except, buildings, or structures located in SFR Districts may have two and one-half(2-1/2) stories, provided there are no living quarters located within the top one-half (1/2) stor. FW D\Z-STORYLMT.ORD\032596 1 , Section 2. 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 $2,000. Each day of violation shall constitute a separate offense. Section 3. In the event any 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, whether there be one or more parts. PASSED AND APPROVED on first reading this loth day of May , 1996. PASSED, APPROVED, AND ADOPTED on second and final reading this 3rd day of June , 1996. Evelyn B. Newm Mayor ATTEST: c s 4D&ris.McKenzie, T C City Secretary FWD\Z-SFORYLMT.ORD\032596 -2- ORDINANCE NO. 96-14 S AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING THE ZONING ORDINANCE OF THE CITY, BY DELETING SUBSECTION D OF SECTION 2 THEREOF AND SUBSTITUTING THEREFOR A NEW SUBSECTION D, BY ADDING A NEW SENTENCE TO PARAGRAPH 2 OF SUBSECTION D OF SECTION 6 THEREOF, BY DELETING THE FIRST SENTENCE OF SUBSECTION D OF SECTION 7 THEREOF AND SUBSTITUTING THEREFOR A NEW FIRST SENTENCE OF SUBSECTION D, BY DELETING PARAGRAPH 3 OF SUBSECTION B OF SECTION 7 AND SUBSTITUTING THEREFOR A NEW PARAGRAPH 3, BY DELETING PARAGRAPH 3 OF SUBSECTION C OF SECTION 7 AND SUBSTITUTING THEREFOR A NEW PARAGRAPH 3, BY DELETING PARAGRAPH 3 OF SUBSECTION D OF SECTION 7 AND SUBSTITUTING THEREFOR A NEW PARAGRAPH 3, AND BY DELETING FROM THE PERMITTED USE TABLE CONTAINED IN SECTION 7 THEREOF THE LETTER "P" FOR "MULTIFAMILY DWELLING" UNDER ZONING DISTRICTS MFR-L, MFR-M, AND MFR-H AND SUBSTITUTING THEREFOR THE LETTER "S"; PROVIDING THAT THE MAXIMUM DENSITY OF DWELLING UNITS IN DISTRICT MFR-H SHALL BE TWELVE (12) UNITS PER ACRE; PROVIDING THAT MULTI-FAMILY RESIDENTIAL DEVELOPMENTS LOCATED IN DISTRICT MFR-H THAT ARE DAMAGED OR DESTROYED TO AN EXTENT OF MORE THAN FIFTY PERCENT (50%) OF THEIR REPLACEMENT VALUE MAY BE REBUILT AT THE SAME UNIT PER ACRE DENSITY THAT EXISTED PRIOR TO SUCH DAMAGE OR DESTRUCTION; PROVIDING THAT ALL MULTIFAMILY DWELLING DEVELOPMENTS OTHER THAN GHD-MFR SHALL BE SUBJECT TO THE GRANT OF A SPECIFIC USE PERMIT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2000 FOR EACH DAY OF VIOLATION; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The Code of Ordinances of the City of Friendswood, Texas, is hereby amended by deleting from Appendix C thereof, said Appendix C being the Zoning Ordinance of the City, all of Subsection D of Section 2 thereof, which provides as follows: [D. R-5 MFR-H Multiple-Family Residential Dwelling District - Highest 18.01 FWDV-DENUMORD t ar and substituting therefor a new Subsection D to provide as follows: ; D. R=5 MFR-H Multiple-Family Residential Dwelling District- Highest 12.0 Section 2. The Code of Ordinances of the City of Friendswood, Texas, is hereby further amended by adding to paragraph 2 of Subsection D of Section 6 of said Appendix C the following: "....Notwithstanding the foregoing, existing multi-family dwelling developments may be rebuilt in district MFR-H, in the event or any such.damage or destruction, at the same unit per acre density that existed prior to such damage or destruction." Section 3. The Code of Ordinances of the City of Friendswood, Texas, is hereby further amended by deleting from said Appendix C the first sentence of Subsection D of Section 7 thereof, which first sentence provides as follows: [D. (R-5) MFR-H, residential, general purpose and description. The MFR-H, multiple-family residential dwelling highest-density district, is a residential district intended to provide for the highest residential density ranging up to 18 dwelling units per acre.] and substituting therefor a new first sentence to provide as follows: D. (R-5) MFR-H, residential, general purpose and description. The MFR-H, multiple-family residential dwelling highest-density district, is a residential district intended to provide for the highest residential density ranging up to 12 dwellingper acre. Section 4. The Code of Ordinances of the City of Friendswood, Texas, is hereby further amended by deleting from Subsection B of Section 7 of said Appendix C all of paragraph 3, which provides as follows: [3. See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within MFR-L district under certain circumstances and conditions.] FWMZ-0ENSnY.0RD% 2 and substituting therefor a new paragraph 3 to provide as follows: 3. All multi-family dwellingdevelopment evelopment in district MFR-L shall be subject to the grant of a Specific Use Permit pursuant to Subsection G of Section 9 hereof. Section 5. The Code of Ordinances of the City of Friendswood, Texas, is hereby further amended by deleting from Subsection C of Section 7 of said Appendix C all of paragraph 3, which provides as follows: [3, See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within MFR-M district under certain circumstances and conditions.] and substituting therefor a new paragraph 3 to provide as follows: 3. All multi-family dwellingdevelopment evelopment in district MFR-M shall be subject to the grant of a Specific Use Permit pursuant to Subsection G of Section 9 hereof. Section 6. The Code of Ordinances of the City of Friendswood, Texas, is hereby further amended by deleting from Subsection D of Section 7 of said Appendix C all of paragraph 3, which provides as follows: [3. See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within MFR-H district under certain circumstances and conditions.] and substituting therefor a new paragraph 3 to provide as follows: 3. All multi-family dwelling development in district MFR-H shall be subject to the grant of a Specific Use Permit pursuant to Subsection G of Section 9 hereof. Section 7. The Code of Ordinances of the City of Friendswood, Texas, is hereby further amended by striking from the Permitted Use Table contained in Section 7 of said FMV-0ENSrrY.0RD1 3 a Appendix C the letter [P] for "Multifamily dwelling," under zoning districts "MFR-L," "MFR- y. M," and "MFR-H," and substituting therefor the letter S. Section 8. 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 $2000. Each day of violation shall constitute a separate offense. Section 9. In the event any 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, whether there be one or more parts. PASSED AND APPROVED on first reading this 17th day of June , 1996. PASSED AND APPROVED on second and final reading this 1st day of July 1996. ZZZ=e=L Evelyn . Newman( Mayor ATTEST: C. 7Deloris McKenzie, TMRC City Secretary FMq-DENSfTY.ORD% 4 APPENDIX C=ZONING § 9 2. Permit required. A building permit or certificate of occupancy shall not be issued for any use to be located in a zoning district which-permits that use only as a specific use unless a specific use permit has first been issued in accordance with the provisions of this section. 3. Application procedure. An application for a specific use permit shall be filed with the planning and zoning commission.The application shall be accompanied by a site plan which, along with the application, will become a part of the specific use permit, if approved. The accompanying site plan shall provide the following information: a. Data describing all processes and activities involved with.the proposed use; b. Boundaries of the area covered by the site plan; c. The location of each existing and-proposed building and structure in the area covered by the 'site plan and the number of stories, height, roofline, gross floor area"and location of building entrances and exits; d. The location of existing drainageways, and significant natural features; e. Proposed landscaping and screening buffers; _ f. The location and dimensions of all curb cuts, public and private streets, parking and loading areas,pedestrian walks, lighting facilities, and outside trash storage facilities; g. The location, height and type of each wall,fence, and all other types of screening; h. The location, height and size of all proposed signs. 4. Public hearings. The notification and public hearing process for a specific use permit or revocation thereof is set forth in section 15 of this ordinance. 5. Conditions for approval. A specific use permit shall be issued only if all of the follow- ing conditions have been found: 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. The design, location and arrangement of'all driveways and parking spaces pro- vides for the safe and convenient movement.of vehicular and pedestrian traffic without adversely affecting the-general public or adjacent developments; e. The adequate nuisance prevention measures have been or will be taken to pre- vent 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; Supp. No. 1 CDC:51 § 9 FRIENDSWOOD CODE g. That there are sufficient.landscaping and screening to insure harmony and com- patibility with adjacent property; and h. That the proposed use is in accordance with the comprehensive plan. 6. Additional-conditions. In.authorizing a specific use permit, the city council may im- pose additional reasonable conditions necessary ,to protect the public interest and welfare.of the community. 7. 7lme limit.A specific use permit issued under this section shall expire two years after its date of issuance if construction or use authorized thereunder is not substantially under way prior to the expiration of said two-year period; provided,however, if, prior to the expiration of such two-year period,the owner of property to which a specific use permit applies requests an extension thereof, the city council may approve such ex- tension for not more than two additional years. 8. Revocation. A specific use permit may be revoked or modified, after notice and hear- ing, for either of the following reasons: a. The specific use permit was obtained or extended by fraud or deception; or b. That one or more of the conditions imposed by the permit has not been met or has been violated. 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 neigh- borhoods. 10. Processing fee. A processing fee as set forth in section 14 shall be required for the processing of each specific use permit request. (Ord. No. 93-13, § 1, 8-16-93) Section 10. Board of adjustment—Establishment and procedure. A board of adjustment is hereby established,which shall consist of five members and four alternates to be appointed by the city council, each for a term of two years. Members and alternates of the board of adjustment may be removed from office by the city council when absent from two consecutive meetings without an excuse or for cause upon written charges and after public hearing.Vacancies shall he filled by the city council for the unexpired term of the member affected. A. Proceedings of the board of adjustment. The board of adjustment shall adopt rules necessary to the conduct of its affairs, elect a chairman and an acting chairman, and [act] in keeping with the provisions of this ordinance. Meetings shall be held at the Supp. No. 1 CDC:52 APPENDIX C—ZONING § 10 call of the chairman and at such other times as the board may determine. The chair- man or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing.to vote indicating such fact, and shall keep records of its examinations and all of which shall be immediately filed in the office of the board and shall be public record. B. Hearings, appeals, and notices. Appeals to the board of adjustment concerning inter- pretation or administration of this ordinance may be taken by any person aggrieved or by an officer,department, board, or bureau of the city affected by the decision of the administrative official. Such appeals shall be taken within a reasonable time, not to exceed 45 days, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof.The officer from whom the appeal is taken shall forthwith transmit to the board all the papers con- stituting the record upon which the action appealed from was taken. C. Notification and hearing process. Any request for an appeal, variance or special ex- ception shall require a public hearing before the board.A written notice of the hearing shall be sent to owners of property situated within 200 feet of the exterior boundary of the property with respect to which such appeal,variance or exception is requested ten days prior to public hearing. It'shall be sufficient that such written notice is addressed to the owner appearing on the most current tax roll of the city and ad- dressed to such owner at the address stated on said roll. If no owner is stated on the tax roll, or no address appears thereon, the written notice to such property owner shall not be required. The city council and planning and zoning commission shall be informed of any hearing for an appeal, variance or special exception of the zoning or sign ordinance.A processing fee as described in section 1C [14] shall be paid to the city in advance of the hearing. In the event the application is withdrawn prior to the mailing of the required written notification or publication in the official newspaper, the fee shall be refunded. D. Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from,unless the officer [from]whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him that,by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril.to life or property. In such case proceedings shall not be stayed other than by a restrain- ing order which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. Supp. No. 1 CDC:53 § 11 FRIENDSWOOD CODE Section 11. The board of adjustment—Powers and duties. The board of adjustment shall have the following powers and duties: A. Administrative review. To hear and decide appeals where it is alleged there is error in any order,requirement, decision,or determination made by an administrative official in the enforcement of this ordinance. The board shall apply the following standards in deciding the appeal: 1. That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map. 2. That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. 3. The decision of the board must be such as will be in the best interest of the community and consistent-with the'spirit and interest of the city's zoning laws. B. Variance: conditions governing applications:-authority and limitations. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship, and so that the spirit of-the ordinance shall be observed and substantial justice done. In exercising such powers of variance, the board may, in conformity with the provi- sions of this ordinance,reverse or affirm, wholly-or partly, or may modify the order, requirement,decision,or determination appealed from and make such order,require- went,decision,or determination as ought to be made, and to that end the board shall have all the powers of the officer from whom the.appeal is taken. .In granting any variance, the board of adjustment may describe appropriate condi- tions and safeguards in conformity with this ordinance. Violations of such conditions and safeguards,when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance. Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved;or any use, expressly or impliedly, prohibited by the terms of this ordinance in said district. C. Special exceptions. To hear and decide special exceptions to the terms of this ordi- nance upon which the board is required to pass under this ordinance. D. Vote required:appeals,variances,special exceptions. The concurring vote of four mem- -bers of the board shall be necessary to.reverse any order, requirements,-decision, or determination,of an administrative official,or to effect any variation.in the application of this ordinance, or to decide in favor. of the.applica4t-on any matter or special exception upon which.it is required to. pass or decide under this ordinance. (Ord. No. 90-18, § 2, 7-23-90) Supp. No. 1 CDC:54 g APPENDIX C—ZONING § 15 Section 12. Appeals from the board of adjustment. A_ Any person or persons,jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or officer, department, board, or bureau of the city may seek review by a court of record of such decision in the manner provided by the laws of the State of Texas, particularly V.T.C.A., Local Government Code §§ 211.008 through 211.011. B. Reapplication. No application for a variance, special exception, or appeal which has been denied shall be again filed earlier than one year from date of original denial, unless there has been a material change. For the purposes of this section, material change shall mean a substantial change in conditions or circumstances as it relates to the property in question. Section 13. Duties of administrative official, board of adjustment, city council, and courts on matters of appeal. It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the board of adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the board of adjustment shall be to the courts in the manner provided by law, particularly V.T.C.A., Local Government Code §§ 211.008 through 211.011. It is further the intent of this ordinance that the duties of the city council in connection with this ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this ordinance. Under this ordinance the city council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this ordinance, as provided by law, and of establishing a schedule of fees and charges as stated in section 14 hereof. Section 14. Schedule of fees, charges, and expenses. The city council shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits,certificates of zoning compliance,specific use permits, changes in district classification,appeals,and other matters pertaining to this ordinance.The schedule of fees shall be maintained in the office of the city secretary and in the office of the adminis- trative official, and may be altered or amended only by the city council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be ` taken on any application or appeal. 1 Section 15. Amendments. A. Authority. The city council may from time to time amend, supplement, or change by ordinance the boundaries of the district or the regulations herein established. Supp. No. 1 CDC:55 § 15 FRIENDSWOOD CODE B. Submission to planning and zoning commission. Before taking action on any proposed amendment, supplement, or change the city council shall submit the proposed revision to the planning and-zoning commission for its recommendation and report. The planning and zoning commission shall make its-final report within 60 days. C. Public hearings. Prior to adopting any ordinance amending, supplementing, or chang- ing the boundaries of any district or any regulation herein established, the city council and the planning and zoning commission shall jointly hold a public hearing at which any person desiring to be heard regarding such matter shall be given an opportunity to do so. The final report by the planning and zoning commission, as required in subsection B. of this section 15, shall not be acted upon by such commission until the conclusion of such joint public hearing. D. Notice of joint hearings. Notice of any joint public hearing held pursuant to subsection C. of this section 15 shall be given, in writing, to each owner of real property, as indicated by the most recently approved city tax roll, which lies within 200 feet of any property on which a change in classification is proposed,such notice to be given not less than ten days prior to the date on which such hearing is to be held. Notice of such joint public hearing shall also be published in the official newspaper of the city,or a newspaper having general circulation in the city, at least 15 days prior to the date on which such hearing is to be held. In addition, notice shall be.given by causing a sign to be erected on the property which would be affected by the proposed change stating the time and place of the hearing. Such sign shall be erected not less than ten days prior to the date on which such hearing is to be held. E. Vote required in the event of nonapproval orprotest. Unless such proposed amendment, supplement, or change has been approved-by the planning and zoning commission or in case of a protest signed by the owners of 20 percent or more either of the area of the lots included in such proposed change, or those immediately adjacent to the rear thereof extending 200 feet therefrom, for] all of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of five members of the city council. (Ord. No. 90-2, § 1, 2-5-90) Section 16. Provisions of ordinance declared to be minimum requirements. In their interpretation and application,the provisions of this ordinance shall be held to be minimum requirements, adopted for the protection of public health, safety, morals, or general welfare. Whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, restrictions, or covenants, the most restrictive or that which imposes the higher standards shall govern. Section 17. Complaints regarding violations. Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint;such complaint stating fully the causes and basis thereof shall be Supp. No. 1 CDC:56 Regular Meeting Zoning Board of Adjustment October 22, 1996 Minutes of the Regular Meeting of the Zoning Board of Adjustment of the City of Friendswood which was held at City Hall on October 22, 1996 at 7:00 p.m. with the following members present constituting a quorum: Chairman Willam Hal Taylor Regular Member Howard Yeager Regular Member Gary Yokum Regular Member David O'Brien Regular Member Ann Talbot Alternate Member Thomas Rives Alternate Member Larry Taylor Alternate Member Patricia Rosendahl Community Development Director Doug Kneupper B.O.A. Secretary Linda Thornton Chairman Hal Taylor called the meeting to order at 7:00 p.m. . Chairman Taylor called the Public Hearing to order and explained the applicant at 502 S. Friendswood Drive, Lot 1, Lot 7 and NE 230 feet of Lot 6, Lot 8 and NE part of Lot 4 NE part of Lot 2, Block 12, Galveston County, Texas, and the applicant at 2211 San Miguel, Lot 25, Block 2, San Joaquin Estates Subdivison, Galveston County, Texas, have both requested to reschedule for the November 19, 1996, Zoning Board of Adjustment meeting. Chairman Taylor called the Public Hearing to order to receive public input regarding Triplerock, Inc's, request at 5000 Watkins Way, 10.91 acres, more or less out of the Sarah McKissick Survey, Section 1, Abstract No. 549 in Harris County, Texas, seeking administrative review of enforcement by City Officials of the amendments to the Friendswood City Code, Appendix C-Zoning (specially Ordinance #96-10, which restricts buildings to two stories and Ordinance #96-14, which limits Density of MFR-H property to 12 units per Acres) , and stated action would be taken on this issue November 19, 1996. Discussion followed with Community Development Director, Doug Knuepper, explaining the Bulkhead Investment Partners, application for an apartment complex, which would have two and three stories. Mr. Kneupper, referred to his memo, Enclave at Quail Crossing Apartments, dated, October 10, 1996, and to the best of his knowledge the information is correct. Discussion followed with Ron Ritter, explaining the Zoning Ordinance, which was changed from 18 units to 12 units for MFR-H. BOAMIN/LST03 -e. Discussion followed with David Strauss of Triplerock Inc. , explaining the development of 22 acres of property. Bulkhead Investment Partners,Inc. , Representative, Matthew Morgan, appeared before the Board to determine if City Officials acted correctly on height and density. Ron Ritter, 15410 Wandering Trail, President of the Wedgewood Village Home Owners Association, spoke against. Dale Phillips, 15431 Blackhawk, spoke against. Charles Guetzow, 15415 Blackhawk, spoke against. Bob Baggett, President of the Heritage Park Homeowners Association, discussed the Homeowners Association owning a strip of land from the back property of Food Line grocery store to Constitution street. Deborah Brown, 15538 Edenvale, asked questions. David Strauss, of Triplerock Inc. , asked the Board to please look at all issues and facts. Hearing no further input the Public Hearing was closed. *Ann Talbot made a motion to approve the minutes from the August 27,1996, meeting. Seconded by David O'Brien Motion Approved Unanimously. , Motion was made and approved to adjourn at 9:00 P.M. . William Hal Taylor Chairman 759�� Attest: Lin a Thornton Assistant City Secretary and B.O.A. Secretary BOAMIN/LST03