HomeMy WebLinkAboutOrdinance No. 2004-05 Title: An Ordinance approving a Specific Use Permit for Office Building Purposes
for development located on Lots 2 and 3,block 1,Melody Plaza Subdivision
ORDINANCE NO. 2004-OS
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS,
AMENDING ORDINANCE NO. 96-5 (ZONING SPECIFIC USE PERMIT
FOR OFFICE BUILDING PURPOSES), BY GRANTING TO IRISH
GREEN OFFICE PARK INC., PHASE II, AN AMENDED SPECIFIC USE
PERMIT TO ALLOW AN INCREASE IN THE AMOUNT OF BUILDING
SPACE THAT MAY BE USED FOR SALES/RETAIL USES FROM 30%
TO 40%, AND TO ADD CERTAIN USES AS PERMITTED USES, FOR
THE DEVELOPMENT LOCATED ON LOTS 2 AND 3, BLOCK 1,
MELODY PLAZA SUBDIVISION, PROVIDING FOR TFIE
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, the City Council and Planning and Zoning Commission conducted a joint
public hearing on the 15th day of December, 2003, on the request of Irish Green Office Park
Inc., Phase II, to amend the specific use permit set forth in Ordinance No. 96-5, passed and
approved the 4th day of March, 1996, to allow an increase in the percentage of building space
that may be devoted to sales/retail uses, and to allow physical fitness facilities and other uses as
permitted uses within such development; and
WHEREAS, the property that is subject to the application is a .8705 acre tract of land,
more or less, and being Lots 2 and 3, Block 1, Melody Plaza Subdivision, Galveston County,
Texas, and which property is known generally as 300 through 320 E. Edgewood, Friendswood,
Texas; and
WHEREAS, the hearing was duly called as provided by the laws of the State of Texas
and Ordinance No. 84-15 of the City, and at which all persons attending were allowed to be
heard on the question of whether or not the proposed expansion of buildings, structures and uses
on said property would adversely affect public health, safety, morale, convenience, or general
welfare, or whether or not same would violate the rights of any interested person; and
WHEREAS, the Planning and Zoning Commission has filed with the City Secretary its
written recommendation in favor of this Ordinance; and
WHEREAS, having heard the evidence presented at the public hearing, and having
received the recommendation of the Planning and Zoning Commission, the City Council finds
that the amendment to the specific use permit is not detrimental to the community and is in
conformance with the City's long range plan and comprehensive zoning regulations; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. City of Friendswood, Texas, Ordinance No. 96-5, which Ordinance No.
96-5 grants a specific use permit for the construction of certain buildings and structures and the
conduct of certain uses on a .8705 acre tract of land, is hereby amended a follows:
A. Sales/Retail uses shall not exceed�f�percent 4�0� of the building space;
B. The following enumerated Specific Uses only shall be authorized:
1. Advertising Agencies;
2. Antique Shop;
3. Barber and Beauty Shop;
4. Book and Stationary Store;
5. Clinical, Medical or Dental Offices;
6. Consumer Credit Reportin�Agencies, Mercantile Reporting A�encies and
Adjustment And Collection A encies;
7. Mailin�, Reproduction Commercial Art, and Photo raphv, and
Steno�raphic Services;
8. Watch, Clock, and Jewelry Repair;
9. Home Decor Sales;
10. Phvsical Fitness Facilities;
11. Offices of Physicians;
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12. Florist Shop;
13. Offices of Other Health Practitioners;
14. Medical or Dental Offices;
15. Nursing and Personal Care Facilities;
16. Professional and General Business Services;
17. Medical and Dental Laboratories;
18. Optical Shop or Laboratory;
19. Outpatient Care Facilities;
20. Studio—Photographer, Artist and Drama;
21. Health and Allied Services.Not Elsewhere Classified;
22. Travel Bureau or Consultant;
23. Correspondence Schools and Vocational Schools;
24. Pharmacy;
25. Research, Development and Testin��Services;
26. Medical Appliances and Fitting;
27. Management& Public Relations Services;
28. Apparel Sales and Minor Alteration Services;
29. Justice, Public Order and Safetv;
30. Public Finance, Taxation and Monet .ar�Policy;
31. Administration of Human Resource Pro r�;
32. Administration of Environmental Quality And Housin Programs; and
33. Administration of Economic Pro rg ams.
Section 2. The official zoning map of the City shall be revised to show the
amendment of the Specific Use Permit above described by indicating the number and date of
adoption of this Ordinance.
Section 3. This Ordinance shall in no way reduce, amend, supplement, ar change any
provision of any ordinance of the City of Friendswood, other than to accomplish the amendment
of the enumerated uses set forth in Ordinance No. 96-5, and to increase the percentage of the
buildings that may be occupied for Sales/Retail uses from thirty percent (30%) to forty percent
(40%).
Section 4. 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. Each day of violation shall constitute a separate offense.
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Section 5. In the event any clause phrase, provision, sentence, or part of this Ordinance
or the application of the same to any person or circumstances shall for any reason be adjudged
invalid or held unconstitutional by a court of competent jurisdiction, it sha11 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 ha�e 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 2°d day of Februarv 2004.
PASSED, APPROVED, and ADOPTED on second and fmal reading this 16tb day of
February 2004.
�' .
Kimball W. Brizendine
Mayor
ATTEST:
�L'- �
0'
Deloris McKenzie, TRMC
City Secretary
MOTION: COUNCILMEMBER SHANNON KIMMEL
2ND: COUNCII.MEMBER TRACY GOZA
APPROVED: UNANIMOUSLY
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