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Home My WebLink AboutOrdinance No. 2013-22 (Title: An ordinance amending the zoning classification for property located at 112 W. Edgewood Drive, a 400 square foot area out of Restricted Reserve A of the Friendswood Square Subdivision plat,as recorded under Volume 2005A,Page 62 of the map records of Galveston County, located in the Perry and Austin Lower League, Galveston County, Texas, from "Community Shopping Center" (CSC) to "Community Shopping Center — Specific Use Permit" (CSC-SUP) to allow NAICS use#454,Non-store retailers.) ORDINANCE NO. 2013-22 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, APPENDIX C — "ZONING," BY AMENDING THE ZONING CLASSIFICATION FOR 112 W. EDGEWOOD DRIVE, A 400 SQUARE FOOT AREA OUT OF RESTRICTED RESERVE A OF THE FRIENDSWOOD SQUARE SUBDIVISION PLAT, AS RECORDED UNDER VOLUME 2005A, PAGE 62 OF THE MAP RECORDS OF GALVESTON COUNTY, LOCATED IN THE PERRY AND AUSTIN LOWER LEAGUE, GALVESTON COUNTY, TEXAS; REZONING SUCH PROPERTY FROM "COMMUNITY SHOPPING CENTER" (CSC) TO "COMMUNITY SHOPPING CENTER — SPECIFIC USE PERMIT" (CSC-SUP) TO ALLOW NAICS USE #454, NON- STORE RETAILERS; PROVIDING FOR 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, GP Tabani Akron L.L.C. is the owner ("Owner") of 112 W. Edgewood Drive, a 400 square foot area out of Restricted Reserve A of the Friendswood Square Subdivision plat, as recorded under Volume 2005A, Page 62 of the map records of Galveston County, located in the Perry and Austin Lower League, Galveston County, Texas ("Property"), more specifically described in the attached Exhibit "A", which is incorporated by reference for all purposes and made a part hereof; and WHEREAS, the Owner has made application to the City to change the zoning classification of the Property from "Community Shopping Center" (CSC) to "Community Shopping Center — Specific Use Permit' (CSC-SUP) to allow NAICS use #454, Non-store retailers, for construction of a self-serve water vending facility as depicted in the site plan contained in Exhibit B, which is incorporated by reference; and WHEREAS, the Planning and Zoning Commission and the City Council have conducted, in the time and mariner required by law and the City Code of Ordinances, a public hearing on such request, allowing all persons attending to be heard on the question of whether the changes of the uses being requested would affect the public health, safety, or general welfare of the citizens of Friendswood; and WHEREAS, the Planning and Zoning Commission has filed its written report with City Council,which recommends denial of the application; and WHEREAS, the City Council deems it appropriate to grant such request, subject to applicable regulations,restrictions, exclusions, and conditions; and WHEREAS, City Council has determined that all public notices have been posted and published, all required hearings on this matter have been held, and that this Ordinance complies with the applicable provisions of the City Charter, City Code and all other applicable laws; 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 and incorporated by reference, including the representations of Applicants, (as referenced in its application for CSC-SUP), the final report from the Planning & Zoning Commission, the minutes of City Council, which City Council is specifically relying upon in granting this (CSC-SUP) and corresponding requirements for compliance with the Code of Ordinances of the City of Friendswood (Code), specifically including related parking Ord 2013-22 2 requirements, as referenced in the attached Exhibit B site plan. Section 2. The Code of Ordinances of the City of Friendswood, Appendix C — "Zoning" ("Zoning Code") is hereby amended to change the zoning classification of the Property, from "Community Shopping Center" (CSC) to "Community Shopping Center — Specific Use Permit' (CSC-SUP) to allow NAICS use #454 Non-store retailers for construction of a self-serve water vending facility pursuant to the site plan and related parking requirements, attached hereto as Exhibit B. Section 3. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of the Property, 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 amendments permitted herein of said Property as described in Section 2 hereof. 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 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 any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 6. Any person who shall willfully, intentionally, or with criminal negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, 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 3"d day of June, 2013. Ord 2013-22 3 PASSED,APPROVED, AND ADOPTED on second and final reading this 1st day of, Jury,2013. Kevin M. oll d Mayor ATTEST: ••""• . _ ,, 9 ,••'FRIEND �� :Off• .S�•, Melinda Welsh, TRMC City Secretary m* '• Ord 2013-22 4 Exhibit "A" to Ordinance No. 2013-22 Location Map of property located at 112 W. Edgewood: Ord 2013-22 5 208 ,yo3 201 151 149 108 �a 110 y'O 131 111 104 S�yO 02 A 106 OQ OO >o� FOq 4Q 101 O O+ c°sl 0� 104 102 101 106 112 W. Edgewood Drive °)b >0 2 105 108 106 S 107 $ OS l04 �0 °6O 11l R O� O X00 105 O� dip 106 rVOh ,VOti oP V ^ ,VO ti9 <,41 203 Legend P °9lr ^^h �,r�� -- Creeks ti 211 ?:JlCity Limits 208 109 '---'Counties ko, �v� r///A Parks ® Schools 301 �� 111 Disdaimec This product is forinfonnational purposes and may not have been prepared for or be suitable for legal,engineering,orsurveying purposes It does not represent an on -geound surrey and represents only the approximate rela0ve Iocation of propenyboundames,Gov.C,§2501.102,The user is encouraged to Indapsndently verify all iNOrmalfan contained In this product The City of Friendswood makes no representation or vrem.my as to the accuracy or this product or to its fitness fora padicular purpose.The user.(1)acrepts the product AS IS,WITHALL FAULTS(2)assumes all responsibility for the use thereof,, and 3 releases the Ci! of Friendsnoodtmm boydamags,loss,orliabillt ansing ham such use. City Friendswood 9fOSOut Ufh Friendswood Friendswood GIS Mapping Friendswood, Texas as 7 77546 15 (281)996-3200 www.ci./dendswood.tx.us I "=242 ' Exhibit `B" to Ordinance No. 2013-22 1. Application 2. Site Plan Ord 2013-22 6 CITY OF FRIENDSWOOD SPECIFIC USE PERMIT APPLICATION REQUESTED PATE FILED: FROM: CISLI DATE. OF PUBLIC HEARING: 3 TO: FEE: $300.00 PROPERTY IDENTIFICATION: Streel/RoadAddress: 112 W, 12t6E.04000 'D(Z. Lot: .Block.,.Addition: J¢Sydth�iJ S62uaf t LEGAL DESCRIPTION; Describe from dead records,attach copy of filed deed,and include a Mates and Bounds description, PLATTED LAND: AW OF tkywN pbt> s f iAr2�r h 1�060WtstUtJ vF 7.1or51 1hCity-, dF JD kci oQZ oli?t 'Ta t'<{f- lim F10) ol,10t�'2. Va- soo5 A X, to1.. UNPL.ATTED LAND(Must have certified motes and bounds description,including name and address and telephone number of surveyor) RECORDED OWNER, CP TA'FgN t AYgo" LI C OWNER'S INFORMATION NAW6PTAf)AfJI AY9&) I t G EMAIL ADDRESS; wrha%An@ { t?ay�i r ceu t PHONE NUMBER: 61-72. 49,5 . ?f��—FAX#:. q11,-zq0 MAILING ADDRESS .Ib00 DAIAAS PKY-WAq S;tO, ?oco CITY V W -h3 STATE --C\e ZIP_ 7524L3 AGENT'S INFORMATION f I t1 NAME: R,et< 1(Etut . EMAILADDRESS: f-V-1 � @r�JUt2Jwtilex> fe S.Cau� PHONE NUMBER: t!A71Z7 -5g2U FAX#: _ZtLl 1-7;83 .5s.3(,6 MAILiNGADDRESS t(i4o Cc».VLAW<, W). CITY, Zfc.UrvjG STATE 7, ZIP '75-2-a{a In authorizing an agent to represent the owner,the owner attests that Nether agent may make verbal or written representations and/or declarations on the owner's behalf and the owner understands and acknowledges that the City of Prlendewood shall rely upon the agents representations in matters pertaining to the above described property. outlined g t by of an City e F lehi smut matter in no way absolves the owner of any of the owner's PETITION: As owner/agent,I hereby petition the City for approv4, 1 of alcove described request as provided b laws of the State of Texas and r n the he of Friendswood. Signature, Signature: (owner)N yet` lcx\ (Agent FEE: N DATE PAID: N i lk RECEIPT NUMBER, IV I W 4/10/2008 w L . 5 U f T �1p��TT 11�T� , N �'` Y1GlY(TY A41P a LJ U° jPRDJECT DATA• It / �� mm D I omm - r. co swunc YAK 0 g35 i� _ ❑ ^ -m — 1 PARKING CAIGII{x1(1$5 J G w I r mr I .. (mmm) g—Fn i �nLLLLLL ,s L EEIEE b�Ri0 W.EDGEWOOD DRIVE C R k¢ c-.rcm.mm..UC,.unw.w, rzrKUwur+cvara ..wxx11E un ot[w ru,rv. sWUVms SITE PLW s _ llllll 9 0 EXPU ILL EXPRESS so I 0 m-- `� 'i COVERSNEET