HomeMy WebLinkAboutOrdinance No. 2023-05ORDINANCE NO.2023-5
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r AN EFFECTIVE DATE,
WHEREAS, the Friendswood Comprehensive flan (tire "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 3,523-square-foot tract of land out of Lot 1 of the Final Plat of deter
Memorial Funeral Home and generally located at 401 N. Friendswood Drive, Friendswood,
Galveston County, Texas (tire "Property"), has been reviewed by the Cit 's Community
Development Department (the "Department'"); and.
WHEREAS, a map depicting the location of the Property is attached hereto, marked
Exhibit "," and made a part hereof for all intents and purposes; and
WHEREAS, on February 6, 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, 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 the
required hearing on this amendment to the Future Land Use Map has been held; and
WHEREAS, after receiving the Department's recommendation as well as the input received
at the public bearing, the City Council desires to amend the Friendswood Comprehensive Plan to
update the Future Land Use Map to better reflect fixture development within the boundaries of the
City; and.
WHEREAS, additionally, Gregory 0. Jeter (the "Owner") made application to the City to
change the zoning classification of the Property from Community Shopping Center (CSC) to
Single -Family Residential Dwelling District (SFR); and
WHEREAS, in accordance with the Friendswood City Code and all applicable laws, the
Planning and Zoning Commission 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 zoning classification change have been held; 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, restrictions, exceptions, and conditions; 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. That the City Council of the City of Friendswood, Texas, hereby amends the
Friendswood Comprehensive Plan to update the Future Land Use Map concerning the Property to
change the Future Land Use Map 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 Community Shopping Center (CSC) to Single -
Family Residential Dwelling District (SR). 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.
I Section 4. This ordinance shall in no manner arnend, change, supplement or revise
any provision of any ordinance of the City of Friendswood, save and except the change in the
Future Land Use Map designation of the Property as described in Section 2 hereinabove and 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
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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 parts of ordinances in conflict or inconsistent with
this ordinance are hereby expressly repeated.
Section 7. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this ordinance or the application of the sank 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 steal I take effect upon its publication and the proper entry on
the official zoning reap in accordance with Section 3.A.(3), Appendix C of the Friendswood City
Code.
PASSED, APPROVED and ADOPTED on first and final reading by the affirmative
vote of the City Council of the City of Friendswood on his the 6"' day of February, 2023
A'A01 'r N
Wel MA a PTA § I M I US
K ARENL. HORNER, City Attorney
HACity Cotiticit%Oi-ditiaiicesk2O23\02-06-2023\Rezojtiiig 36823 square feet from CSC to SFR.docx
3
Exhibit
Friendswood, Texal
11/22/2022,11:06:01 AM 1:4,514
City Limits
Streets Parcel�s Owner Information
Galveston—County--Lot_Lines All Linear Wat�er Features
0 0.03 0.07 0.13 Mi
0 0.05 0.1 0.2 km
Esd Community Maps Contributors, City of Houston, Brazoda County, HPB,
Texas Peft & Wildlife, 0 OpenStreetMap, Microsoft, CONANP, Esri, HERE,
Garmin, Foursquare, SafeGraph, GeoTechnotogles, Inc, METIINASA, USES,
EPA, NIPS, US Census Bureau, USDA
City of Friendswood Staff
Esd Community MaDS Contributors. Ckv of Houston, Brazoria County. HPB. Texas Parks & Wildlife. 0 OoenStreelMao, Microsoft. CONANP. Esd. HERE. Gannin. Foursquare, SafeGraoh,
CITY OF BUENDSWOOD
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Pursuant to Section 3.A.(3) of the Appendix C of the Friendswood City Code, I hereby certify and
confirm that the information provided hereinbelow is true and correct:
On February 6, 2023, by official action of the City Council, the following changes were
made in the official zoning map:
Description of AffbctedTjppgft:
36,823-square-foot tract of land out of Lot I of the Final Plat of Jeter
Memorial Funeral Home and generally located at 401 N. Friendswood
Drive, Friendswood, Galveston Count)', Texas
Former Zoning District Classification:
Community Shopping Center (CSC)
New Zoning District Classification:
Single -Family Residential Dwelling District (SFR)
The above -referenced changes were made via Ordinance No. 2023-5.
IN WITNESS WHEREOF, this Official Zoning Map Certification was executed on the 6"' (lay of
ENTRY ON OFFICIAL ZONING MAP
1, Leticia Brysch, the City Secretary of the City of Friendswood, Texas, have entered this certificate
on the Official Zoning Map of the City of Friendswood, Texon this the 711'/lay of February, 2023.
HAComm unity De%,clopiiient\Zojiiiigt7osiiiig Map AiiietidiiicittskCertificatioiis12023\OfficiaI Zoning Map Certification - CSC to SFR for 401 N. Friendswood.docx