HomeMy WebLinkAboutOrdinance No. 2004-09 � � ,
ORDINANCE NO. 2004-09
AN ORDINANCE AMENDING APPENDIX C OF THE FRIEND5WOOD
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 TI3E
ZONING ORDINANCE OF THE CITY, BY CHANGING THE ZO1vING
CLASSIFICATION OF A CERTAIN 2.754 ACRE TRACT OF LAND AND
A CERTAIN 1.432 ACRE TRACT OF LAND FROM SINGL�FAMILY
RESIDENTIAL (SFR) TO COMMUr1ITY SHOPPING CENTER (CSC),
SUCH TRACTS BEING SITUATED ALONG FM 528, 50UTH OF
CHAMPIONSHIP GOLF-TRACT ONE, SECTION 5 AND TRACT TWO,
SECTION TWO, GALVESTON COUNTY, TEXAS, AND WITHIN THE
CITY LIMITS OF THE CITY; PROVIDING FOR THE AMENDMENT
OF THE CITY'S OFFICIAL ZO1vING MAP; REPEALING ALL OTHER
ORDINANCES OR PARTS OF ORDINANCE5 INCON5ISTENT OR IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000
FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF.
� � � �: �:
WHEREAS, Thomas P. Imber is the owner (the "Owner") of a certain 2.754 acre
tract of land and a certain 1.432 acre tract of land, both presently zoned Single-Family
Residential (SFR), pursuant to the City's Zoning Ordinance, as amended; and
WHEREAS, the Owner has made application to the City to change the zoning
classification of said 2.754 acre tract and said 1.432 acre tract, same being more particularly
described in E�ibit "A" attached hereto and for all things made a part hereof, from Singl�-
Family Residential (SFR) to Community Shopping Center (CSC); and
WHEREAS, the Planning and Zoning Corrunission 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
application 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 the 2.754 acre tract and the 1.432 acre tract,
same being more particularly described in Exhibit "A," attached hereto and for all things
made a part hereof, situated along FM 528, South of Championship Golf-tract one, Section 5
and tract two, Section 22, Galveston Counry, Texas, and within the city limits of the City, is
hereby changed from Single-Family Residential (SFR) to Community Shopping Center (CSC)
for use as permitted within such zone classification, subject to the regulations, restrictions, and
conditions hereinafter set forth.
Section 3. The Zoning District Map of the City of Friendswood shall be revised
and amended to show the designation of said 2.754 acre tract and said 1.432 acre tract, 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 classification of said 2.754 acre tract and the 1.432 acre tract to Community
Shopping Center (CSC) as described above.
2
,
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 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 arry such part thus
declared to be invalid or unconstitutional, or whether there be one or more parts.
Section 6. 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.
PASSED AND APPROVED on first reading this 7th day of June, 2004.
PASSED, APPROVED, and ADOPTED on second and final reading this 21S` day of
June, 2004.
/ �'�
Kimball W. Brizendi
Mayor
ATTEST:
.
�
De oris McKenzie, T C
City Secretary
3