Loading...
HomeMy WebLinkAboutOrdinance No. 2023-01�:i71►/:7�C�1��[�x�ly tT�l AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING THE FRIENDSWOOD COMPREHENSIVE PLAN TO UPDATE THE FUTURE LAND USE MAP ("FLUM") CONCERNING A TRACT OF LAND LOCATED ALONG W. EDGEWOOD DRIVE/FM 2351, BEING A 4.621-ACRE TRACT OF LAND OUT OF LOT 2, IN BLOCK 1 OF FRIENDSWOOD, A SUBDIVISION OUT OF THE SARAH MCKISSICK SURVEY, ABSTRACT 151, IN GALVESTON COUNTY, TEXAS, TO CHANGE THE FLUM DESIGNATION FROM RETAIL TO LOW - DENSITY RESIDENTIAL; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FRIENDSWOOD TO CHANGE THE CLASSIFICATION OF 4.6212 ACRES LOCATED ALONG W. EDGEWOOD DRIVE/FM 2351, BEING MORE PARTICULARLY DESCRIBED AS A 4.621-ACRE TRACT OF LAND OUT OF LOT TWO (2)5 IN BLOCK ONE (1), OF FRIENDSWOOD, A SUBDIVISION OUT OF THE SARAH MCKISSICK SURVEY, ABSTRACT 1515 IN FRIENDSWOOD, GALVESTON COUNTY, TEXAS, FROM PLANNED UNIT DEVELOPMENT (PUb) 201742 TO SINGLE-FAMILY RESIDENTIAL DWELLING DISTRICT (SFR); PROVIDING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the Friendswood Comprehensive Plan (the "Plan") assists City officials, staff and citizens in making sound decisions affecting the future growth and development of the City and the surrounding area; and WHEREAS, the amendment of the Plan to update the Future Land Use Map contained therein concerning a tract of land located along W. Edgewood Drive/FM 2351, being a 4.621-acre pact of land out of Lot 2, in Block 1 of Friendswood, a subdivision out of the Sarah McKissick Survey, Abstract 151, in Galveston County, Texas (the "Property"), has been reviewed by the City's Community Development Department (the "Department"); and WHEREAS, a map depicting the location of the Property is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes; and WHEREAS, on January 9, 2023, a public hearing was conducted at which the public was given the opportunity to give testimony and present written evidence regarding this amendment of the Friendswood Comprehensive Plan; and WHEREAS, after receiving the Department's recommendation as well as the input received at the public hearing, the City Council desires to amend the Friendswood Comprehensive Plan to update the Future Land Use Map to better reflect future development within the boundaries of the City; and WHEREAS, additionally, Bay Area Partners, LLC (the "Owner"), the owner of the Property, made application to the City to change the zoning classification of the Property from Planned Unit Development (PUD) 2017-12 to Single Family Residential (SFR); and WHEREAS, in accordance with the Friendswood City Code and all applicable laws, the Planning and Zoning Corrunissiorr and the City Council conducted public hearings on such application, allowing all interested persons the opportunity to be heard; and WHEREAS, the Planning and Zoning Commission filed with City Council, its written report recommending approval of the application; and WHEREAS, in accordance with the Friendswood City Code and all applicable laws, the City Council has determined that all public notices have been posted and published and all required hearings on this matter have been Ireld; and WHEREAS, the City Council further finds that this ordinance complies with the applicable provisions of the City Charter of the City of Friendswood, the Friendswood City Code and all other applicable laws; and WHEREAS, the City Council deems it appropriate to approve the application, subject to applicable regulations, reshictions, exceptions, and conditions; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. All matters and facts set forth in the recitals above are found to be true, and are approved as the processes and procedures which the City Council of the City of Friendswood undertook and completed prior to the adoption of this ordinance. Section 2. That the City Council of the City of Friendswood, Texas, hereby amends the Friendswood Comprehensive Plan to update the Fuhue Land Use Map Concerning a tract of land located along W. Edgewood Drive/FM 2351, being a 4.621-acre tract of land out of Lot 2, in Block 1 of Friendswood, a subdivision out of the Sarah McKissick Survey, Abstract 151, in Galveston County, Texas, to change the FLUM designation from Retail to Low -Density Residential. Section 3. The Official Zoning Map of the City of Friendswood is hereby amended to change the classification of the Property from Planned Unit Development (PUD) 2017-12 to Single -Family Residential Dwelling District (SFR). The City Council hereby directs the Mayor to sign and the City Secretary to attest to an entry on such map containing the number and effective date of this ordinance along with a brief description of the nature of the change in accordance with Section 3.A.(3), Appendix C of the Friendswood City Code. 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 change in zoning classification of the Property as described in Section 3 hereinabove. Section 5. A violation of this ordinance is subject to the penalty provisions contained in Section 1-14 of the Friendswood City Code and as otherwise provided by law. Any person who shall intentionally, knowingly, recklessly, or with criminal negligence fail to comply with 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 act of violation and each day upon which any such violation shall occur shall constitute a separate offense. Section 6. That all ordinances or pacts of ordinances in conflict or inconsistent with this ordinance are hereby expressly repealed. Section 7. In the event any section, paragraph, subdivision, clause, please, 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 8. The City Secretary shall give notice of the enactment of this ordinance by promptly publishing the caption of this ordinance after final passage in the official newspaper of the City. Section 9. This ordinance shall take effect upon its publication and the proper• enhy on the official zoning map in accordance with Section 3.A.(3), Appendix C of the Friendswood City Code. PASSED, APPROVED and ADOPTED by the affirmative vote of the Ciry Council of the Ciry of Friendswood on this the 91h day of January, 2023_ ATT ST: OF FRIENps� M' �,} O LETICIA BRYSCH, Cify Secretary U :4' O APPROVED AS TO FORM: dT9 �PG9 OF KAREN L. HORNER, City Attorney HACity Council\Ordinances\2023\01-09-2023\Ordinance -Updating Comprehensive Plan Land Use Map & Official Zoning Map - W. Edgewood Drive.docx Exhibit "A" Friendswood, Texas 404 ��Y 307 214 <;L 207 l vo 402 0, 305 0 O p 5 310 �s;, 210 0 203 °oa Dollar Tree 308 ��0 301 206 ��. 129 os� / 10f /`203 209 304 �' P07 204 <;` 15 �aA 203 > 107 302 205 �0p 131, 202 � //109 210 208 d.� 211 208 201 G� a� 109 07 206 304 204 etw 203 A 1A 202 p oa 107 0 2( 105 e �ia°�s�° 201 ��e/ �j 30\6/0�\ 203 202 108 103 �306� S� 301 111 p `' 308 v Ot ;� 205 204 �d q 201 10P �y 310 y�0 307 e0� 207 206 203 2( 104 309 0209 208 X. � °+, � 311 110 20 205 °y/ 210 c 204 402 o°a0 202 d207 206 y� O,, 4 300 Qa� 209 208 `o 3 f - °°p� 210 r?'c 205 / a p 304 O� 204 d��0 e° 207 308 cafe 300 ~aa0 209 o 304 �r 312 v / O0 407 ,Q� 201 0�a 301 / > �, o a 101 l 316 O` �0,b o 103 320 �° Q� 200 4/oe/ 309 �a 400 205 204 �1,92 QdA 105 0 200 y0 209 208 ycaa 315 �O `107 204 4G \ 104 ^ � 213 � O 201 208 401 4L- O 0 ad' 7 116 Cdrq 203 212 403 �� 108 0�0, 405 402 30401 205 404 5 202 207 ' 407 r-1 ��a O 403 204 504 s0a°^d 409 406 401 ff 20506 302 O^ 305J 407 403 6 <- 304 c307 405 402y+� 208 G'dao 301 306 v �09 404 Q��a 604 210 Q� 303 308 19 11/10/2022, 7:45:18 AM 1:4,514 0 0.03 0.07 0.13 mi City Limits Streets 0 0.05 0.1 0.2 km Galveston —County -Lot —Lines Esri Community Maps Contributors, City of Houston, Brazoria County, HPB, Parcels Texas Parks & Wildlife, © OpenStreetMap, Microsoft, CONANP, Esri, HERE, Garmin, Foursquare, SafeGraph, GeoTechnologies, Inc, METI NASA, USGS, EPA, NIPS, US Census Bureau, USDA Parcels Owner Information City of Friendswood Staff Houston- Galvesotn Area Council I Esri Community Maps Contributors, City of Houston, Brazoria County, HPB, Texas Parks & Wildlife, © OpenStreetMap, Microsoft, CONANP, Esri, HERE, Garmin,