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HomeMy WebLinkAboutOrdinance No. 99-49 ORDINANCE NO. 99-49 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, BY GRANTING A SPECIFIC USE PERMIT FOR A PAINT AND BODY SHOP, LOCATED AT 4426 D., F.M. 2351, LOT 64, HOIDALE-COFFMAN ADDITION, HARRIS COUNTY; IMPOSING CERTAIN CONDITIONS; 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 Friendswood City Council and the Friendswood Planning and Zoning Commission conducted a joint public hearing on November 1, 1999, to consider an application for a specific use permit for a Paint and Body Shop, to be located at 4426 D., F.M. 2351; 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 in such hearing all persons attending were allowed to be heard on the question of whether or not the expansion of the use allowed on said property by allowing a paint and body shop on the site 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 WHEREAS, the Friendswood Planning and Zoning Commission voted at its November l, 1999, meeting to recommend approval of the application; 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 use is not Paint and Body Shop-SUP 12/21/99 Pagel detrimental to the community, and is in conformance with the Long Range Land Use Plan and the comprehensive zoning ordinance; 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, is hereby amended by amending the zoning classification of certain property which is known municipally as 4426 D., F.M. 2351, to allow the use of such described property for a Paint and Body Shop. All such facilities and related improvements shall be constructed on the site in accordance with the site development plan presented to Commission and Council at the public hearing of November l, 1999 which is on file with the Community Development Department. Such use is to be subject to the following conditions: 1. Parking areas shall be screened by improvements to the existing chain link fence, such as cedar or other appropriate material, being interwoven in the links so as to make the fence opaque. 2. No vehicles shall be parked or stored during non-business hours, including overnight, where they will be visible to vehicular traffic on FM 2351. Section 2. The official zoning map of the City shall be revised to show the above described tracts rezoned to SPECIFIC USE—PAINT AND BODY SHOP. Paint and Body Shop-SUP 12/21/99 Page2 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—PAINT AND BODY SHOP. 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. 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 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 6th day of December , 1999. PASSED, APPROVED, and ADOPTED on second and final reading this 2oth day of December , 1999. Harold L. Whitaker Mayor ATTEST: Paint and Body Shop-SUP 12/21/99 Page3 � . � Deloris McKenzie, T C City Secretary MOTION: COUNCILMEMBER KZM BRIZENDINE 2ND: COUNCILMEMBER JERRY ERICSSON APPROVED: UNANIMOUSLY Paint and Body Shop-SUP 12/21/99 Page4