The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 2005-33 (Title: An ordinance amending Sections 7.F and 7.G of the Zoning Ordinance to eliminate restrictions on office use in the Community Shopping Center and Neighborhood Commercial Districts; providing a penalty; and providing for severability.) ORDINANCE NO.2005-33 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 AMENDING SECTIONS 7.F AND 7.G THEREOF TO REMOVE THE LIMITATIONS ON OFFICE USES PERMITTED WITHIN THE COMMUNITY SHOPPING CENTER (CSC) AND NEIGHBORHOOD COMMERCIAL (NC) DISTRICTS; 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, the Zoning Ordinance of the City currently limits the amount of space which is permitted for office uses in the Community Shopping Center (CSC) and Neighborhood Commercial (NC) districts; and WHEREAS, the Planning and Zoning Commission has recommended to City Council the elimination of such restrictions in order to allow property owners and the market to determine the best use of developments located within these districts; and WHEREAS, the Planning and Zoning Commission and City Council have conducted, in the time and manner required by law and the Zoning Ordinance of the City, a public hearing on such zoning change and both entities find that the elimination of these restrictions is in the best interest of the citizens of Friendswood; 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. Section 2. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19th day of November 1984, same being Appendix C of the Friendswood City Code, and same also being the Zoning Ordinance of the City, is hereby amended by removing from Section 7.F.4 thereof the limitations on office uses in the Community Shopping Center (CSC) district, as follows: "F. CSC, communiry shopping center district, general purpose and description. The CSC, community shopping center district, is intended for a unified grouping, in one or more buildings, of several, typically between five and 20, retail and service shops or stores that provide for the regular needs and are for the convenience of the people residing in adjacent residential neighborhoods. Gross floar area in a community shopping center typically ranges from 30,000 to 100,000 square feet, and land area consists of two to ten acres in size. It is intended that the community shopping center be developed as a unit, with adequate off-street parking for customers and employees, and with appropriate landscaping and screening to insure compatibility with surrounding residential environment. This district is ideally located at the intersection of two or more arterial or major streets with a service area of up to 1-1/2 miles. Development of a community shopping center requires approval of a development site plan by the planning and zoning commission. 1. Area and height regulations. Area and height regulations in a CSC, community shopping center district, are set forth in section 7-Q.2, Regulation Matrix. 2. See section 8 for supplementary district regulations. 3. See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the CSC district under certain circumstances and conditions. 4. Permitted uses. Uses permitted in a CSC, community shopping center district, are set forth in section 7-P, Permitted Use Table. [Office uses permitted in this district shall not exceed 30 percent of the gross non-pad site floor area of the shopping center.] A specific use permit for a shopping center as a particular use is required before any building permit or certificate of occupancy may be issued in this district. 5. No CSC district shall be created which includes less than two acres." Ord.2005-33 2 Section 3. Said City of Friendswood, Texas, Ordinance No. 84-15, as amended, is hereby further amended by removing from Section 7.G thereof the limitations on office uses in the Neighborhood Commercial (NC) district, as follows: "G. NC, neighborhood commercial district, general purpose and description. The NC, neighborhood commercial district, is primarily intended for retail sales, services and office activities in a mixed grouping. This designation is intended for use along major thoroughfares and collector streets where larger tracts of land can be utilized as coordinated commercial centers. This designation is intended for use of land areas between one quarter acre and two acres. Structure size is typically between 4,000 and 20,000 square feet. Development of a neighborhood commercial district requires approval of a development site plan by the planning and zoning commission. [Office uses permitted in this district shall not exceed (60) percent of the gross building and structure floor area.] 1. Area and height regulations. Area and height regulations in an NC, neighborhood commercial district, are set forth in section 7-Q.2, Regulation Matrix. 2. See section 8 for supplementary district regulations. 3. See section 9 for temporary certificate of zoning compliance that may be granted by the administrative official and specific use permits that may be recommended by the planning and zoning commission within the NC district under certain circumstances and conditions. 4. Permitted uses. Uses permitted in an NC, neighborhood commercial district, are set forth in section 7-P, Permitted Use Table. [5. All land zoned NC, neighborhood commercial on the date of passage of Ordinance No. 99-6 shall be permitted one hundred percent use of gross building and structure floor area for offices. For all land zoned NC after the date of passage of Ordinance No. 99-6, office uses shall not exceed sixty (60) percent.] [6]5. Building site coverage consisting of all buildings and structures and all paved surfaces shall not exceed ninety (90) percent of the total lot area." Ord.2005-33 3 Section 4. This Ordinance shall in no manner amend, change, supplement, ar revise any provision of any ordinance of the City of Friendswood, save and except the change described above. Section 5. 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. 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. PASSED AND APPROVED on first reading this 3rd day of October,2005. PASSED, APPROVED, and ADOPTED on second and final reading this 1'7t� day of October,2005. � �.1� Kimball W. Brizendine Mayor ATTEST: 4� f RuElYpa r � tpp C��G� � V O D loris McKenzie, T C 1t tt City Secretary r tt� Ord.2005-33 4