HomeMy WebLinkAboutOrdinance No. 2023-10ORDINANCE NO.2023-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF FRIENDSWOOD TO CHANGE THE CLASSIFICATION OF
THE PROPERTY LOCATED AT 801 W. PARKWOOD AVENUE, MORE
PARTICULARLY DESCRIBED AS A 6.3951-ACRE TRACT OF LAND BEING
THE REMAINDER OF A 19-ACRE TRACT OF LAND BEING THE
NORTHWEST %2 OF LOTS 2 & 3, WHITNEY SUBDIVISION, ACCORDING
TO THE MAP OR PLAT RECORDED IN PLAT REC, 5, MAP NO. 6 OF THE
GALVESTON COUNTY MAP RECORDS AND BEING ALL OF A 2.009-
ACRE HOMESTEAD TRACT OF LAND DESCRIBED IN GALVESTON
COUNTY CLERK'S FILE NO, 8204830 IN THE SARAH MCKISSICK
LEAGUE, ABSTRACT NO, 151, CITY OF FRIENDSWOOD, GALVESTON
COUNTY, TEXAS, FROM SINGLE FAMILY RESIDENTIAL (SFR) TO
COMMUNITY SHOPPING CENTER (CSC); 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, Manison Family Living Trust (the "Owner") is the owner of the tract located
at 801 W. Parkwood Avenue, more particularly described as a 6.3951-acre tract of land being the
remainder of a 19-acre tract of land being the northwest '/2 of Lots 2 & 3, Whitney Subdivision,
according to the map or plat recorded in Plat Rec. 5, Map No. 6 of the Galveston County Map
Records and being all of a 2.009-acre homestead tract of land described in Galveston County
Clerk's File No. 8204830 in the Sarah McKissick League, Abstract No. 151, City of Friendswood,
Galveston County, Texas, and depicted in Exhibit "A," which is attached hereto and incorporated
herein for all intents and purposes (the "Property"); and
WHEREAS, the Owner, through its agent, made application to the City to change the
zoning classification of the Property from Single Family Residential(SFR) to Community Shopping
Center (CSC); 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 has 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 andpublished and all required
hearings on this matter have been held; and
WHEREAS, the City Council further finds that this ordinance complies with the applicable
provisions of the City Charter, 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 B I THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. The facts and matters set forth in the preamble of this ordinance are hereby
found to be hue and correct.
Section 2. The Official Zoning Map of the City of Friendswood is hereby amended
to change the classification of the Property from Single Family Residential (SFR) to Community
Shopping Center (CSC). 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 3. 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 in Section 2 hereinabove.
Section 4. 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 5. That all ordinances or parts of ordinances in conflict or inconsistent with
this ordinance are hereby expressly repealed.
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 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 7. 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 8. This ordinance shall take effect upon its publication and the proper entry on
the official zoning map in accordance with Section 3.A.(3), Appendix C of the Friendswood City
Code.
PASSED, APPROVED and ADOPTED on to and final reading by the affirmative vote
of the City Council of the City of Friendswood on this the I' day of May, 2023.
ATT T:
�f % & I
LE ICIA BRYSCH, City Aractary
APPROVED AS TO FORM:
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H:\City Council\O�dinances\2023\OS-0I-2023\Ordinance - Zoning Map Mtendment for 801 N. Parkwood from SFR to CSC.docx