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HomeMy WebLinkAboutOrdinance No. 2005-05 Title: An ordinance amending the Zoning Ordinance of the City of Friendswood to grant an SUP-Limousine Service. ORDINANCE NO. 2005-OS AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD 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 THE ZONING ORDINANCE OF THE CITY, BY GRANTING A SPECIFIC USE PERMIT TO AUTHORIZE THE USE OF PROPERTY LOCATED AT 626 S. FRIENDSWOOD DR. FOR A LIMOUSINE SERVICE; PROVIDING FOR THE AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP; 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, Edward F. Stuart, owner ("Owner") of certain property located at 626 S. Friendswood Dr. (the "Property"), within the Stones Throw Shopping Center, which Property is located within the Original Business District ("OBD"), has filed an application with the City requesting that a Specific Use Permit be granted to allow a Ground Passenger Transportation Services business to be conducted on the Property; and WHEREAS, the comprehensive zoning ordinance of the City permits the use of land, buildings and structures for limousine services within the Original Business District ("OBD") only pursuant to a specific use permit granted in accordance therewith; and, WHEREAS, the Zoning Commission 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 application; and WHEREAS, the Zoning Commission has recommended that the City Council grant the specific use permit subject to the terms and conditions contained in the final report of said Commission; and WHEREAS, the City Council concurs with the recommendation of the Zoning Commission that such specific use permit should be granted subject to the terms and conditions contained herein; now, therefore, 1 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 Property located at 626 S. Friendswood, same being more particularly described in Exhibit "A," attached hereto and for all things made a part hereof, commonly known as 626 S. Friendswood Dr. and located within the Stones Throw Shopping Center, and within the city limits of the City, is hereby amended by granting a Specific Use Permit applicable thereto as follows: Limousine Service (SUP-Limousine Service). Section 3. The granting of the Specific Use Permit as set forth in Section 2 above is subject to the following additional terms and conditions: a. Not more than two limousines may be parked on the Property at any one time. Section 4. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of said properiy, 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 5. 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 property as described above to Specific Use Permit — Limousine Service (SUP-Limousine Service). Section 6. 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 any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. 2 Section 7. 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 $2,000.00. Each day of violation shall constitute a separate offense. PASSED AND APPROVED on first reading this 3rd day of January 2005. PASSED, APPROVED, and ADOPTED on second and fmal reading this 17tb day af January 2005. c Cc.` Kimball W. Brizendine Mayor ATTEST: c . s �-y De oris McKenzie, T C City Secretary � M MOTION: COUNCILMEMBER DAVID SMITH 2ND: COUNCILMEM$ER SHANNON KIMMEL APPROVED: UNANIMOUSLY 3 ; ' �i�l��r /'. .�mlt/i.�u+v��oa ��. u, �UK s�6 r�y�.� edxy, �s� 7��i� iaa6a �c� �cr .;11 that ce�rtain trart or �,arcal af land being a l.B�iB alcre traot aut oP aAd �art of Lot 14, Bloc:�: 3, irA��;��R00➢ SUBDIYI5L�1, in the s'a.rai� 3.e,K4s�1.ek o� 5. II. �illi�m� Zea��, C�lvoston County, Tgzae, acoorcling to tha pl�t af FRI�NDS��L� ,r::�,IVI:;I01V recorded in Volur� 2j£�, Paga 21.4 nnd Valur�e 2�� Page j°T, iza th�e otYiaa �.P ':}i�a C�,utt1;y C]ork pf GkLTv�at�n County, T�aa� and the txact h�roin convmyed bo- ln�'. i�!��rn I�r,rtic;ilni•ly �Senc.rif,�,l by rtx�tun Rnd boun�l9 n� f01,1CWe1 l;lil.u,�c:l:;il'dG �tt tnu i;�st iJortherly mzp.er oi saici Lot 1�� Bloc'.. 3g 'P.i.i;C:s ,.i 4.5 a��. SY, along tha Ne�'th��at 11ne o�' Lot 14, a diatence st 2b,t� feflt to tu: iron rod far corsier c:�rking th� point oi LntQx�cectie�n of t}� �aut12- oest riE�it--c,f-taay line of �`tones T�rtirr IIrive, and tkaa �xiating �Jouthar�st ri�at- of�vay' line oY 3tste .ii;�.we�y F.°�te �j].�, said ix�n rod atso �atng th� PLACL�, GF i;,;'.GI2�1TP<G oi the ;ract horetn dascribad; T:-i 1�� S �.� dzgo %, alon; the �u�heast ri�t-of-vrqy '19.ne o� Ston�ss Thxow I�ive and the Plorthwest liila of lot 1�, a dSstence of 22b.0 faet to an iror_ �od �o� corner; '�1�..'7dr,� ;; .��j do�;. �, a d1:�i�mae �s! j'jO.A Peet ta �n iron rod �'ar adTno7c set 1.� �.I�c� ;xwtllcors:rt llnr. of Lc�t 1A`� '"�I:;�iC� t; �}5 de�!. �, alon� tha �u°Eheaet linu of La5 lc� a di:�tanaa ai 22(} ��� t,o �n ix•o�l rud for co.r�.ar �:.et in tha 3authwsst ri�t-of-eay lin� of F.1d. �j18; '�-i:1dGT i; ��.5 det3. ?i, alon� the Southe►a� rS,�t--crf-�y line �f F.I+1. r'a'I6, a dia- tunce of j70 foat to the PI..�CE GF f?EC�IN1tiZNG of t�e tract h�ty d��vr2be3. 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