HomeMy WebLinkAboutOrdinance No. 2004-01 ORDINANCE NO. 2004-01
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS,
AMENDING ORDINANCE NO. 84-15, SAID ORDINANCE NO. 84-15
BEING THE ZONING ORDINANCE OF THE CITY, AND AMENDING
ORDINANCE N0.2000-7, SAID ORDINANCE GRANTING A SPECIFIC
USE PERMIT TO DAVID OFFENBURGER TO ALLOW OFFICE USES
ON A 0.3857 ACRE TRACT OF LAND OUT OF LOT 21 OF THE
HOIDALE AND COFFMAN SUBDIVISION OUT OF T�IE PERRY AND
AUSTIN LEAGUE ABSTRACT NO. 2 IN GALVESTON COUNTY,
TEXAS, LOCATED AT 402 E. EDGEWOOD WITHIN THE CITY OF
FRIENDSWOOD; BY AMENDING SAID SPECIFIC USE PERMIT BY
ALLOWING THE USE OF THE LAND FOR PROFESSIONAL,
MEDICAL, DENTAL, AND OPTOMETRY USES, AND IMPOSING
CERTAIN CONDITIONS; PROVIDING FOR THE 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.
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WHEREAS, the Friendswood City Council and the Friendswood Planning and Zoning
Commission conducted a joint public hearing on December 15, 2003, to consider an application
for an amendment to a specific use permit on a 0.3857 acre tract of land out of lot 21 of the
Hoidale and Coffman Subdivision out of the Perry and Austin League Abstract No. 2 in
Galveston County, Texas, located at 402 E. Edgewood within the City; 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 of Friendswood, and that at such hearing all persons
attending were allowed to be heard on the question of whether or not the expansion of the uses
allowed on said property by allowing the use of the property for professional, medical, dental and
optometry uses would affect the public health, safety, morale, convenience, or general welfare of
the citizens of Friendswood, and whether or not rezoning would violate the rights of any
interested person; and
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WHEREAS, the Friendswood Planning and Zoning Commission voted at its December
18, 2003 meeting to recommend approval of the application as shown on the application,
presented to Commission and on file with the Community Development Department, and subject
to certain conditions which would make the proposed expansion and additional uses more
compatible with the adjacent land uses; and
WHEREAS, as a result of the said public hearing and the recommendation from the
Friendswood Planning and Zoning Commission, the City Council finds that such amendment of
the specific use permit is not detrimental to the community, is in conformance with the City of
Friendswood 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. That City of Friendswood, Texas, Ordinance No. 84-15, passed and
approved on November 19, 1984, and known as the Zoning Ordinance, and Ordinance No. 2000-
7, which ardinance granted a specific use permit for certain uses to David Offenburger, for a
0.3857 acre tract of land out of lot 21 of the Hoidale and Coffman subdivision out of the Perry
and Austin League Abstract No. 2, Galveston County, Texas, located at 402 E. Edgewood within
the City, said property being more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference for all purposes (the "Property"), are hereby amended by
amending the zoning classification of certain property, within the boundaries of the Specific Use
Permit, and to allow the use of such described property for a Professional, Medical, Dental and
Optometry uses.
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Section 2. The official zoning map of the City shall be revised to show the above-
described properiy rezoned to SPECIFIC USE —PROFESSIONAL, MEDICAL, DENTAL, AND
OPTOMETRY USES.
Section 3. This Ordinance shall in no way reduce, amend, supplement, or change any
provision of any ordinance of the City of Friendswood, other than to accomplish the rezoning of
the tract described in Section 1 to SPECIFIC USE — PROFESSIONAL, MEDICAL, DENTAL,
AND OPTOMETRY USES.
Section 5. Any person who shall violate any provision of this Ordinance shall be
deemed guilry 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.
Section 6. 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 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 12th day of January 2004.
PASSED, APPROVED, and ADOPTED on second and final reading this 2°d day of
Februarv 2004. ;
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imball W. Brizendine
Mayor
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ATTEST:
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Deloris McKenzie, T C
City Secretary
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