HomeMy WebLinkAboutOrdinance No. 2023-23ORDINANCE NO. 2023-23
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 209 E. EDGEWOOD DRIVE, 0.2983 ACRE
OUT OF LOT 2, IN BLOCK 1, OF FINAL REPLAT OF MELODY PLAZA,
SECTION TWO (2), A SUBDIVISION IN GALVESTON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME
18, PAGE 1136, IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON
COUNTY, TEXAS, TO CHANGE THE UNDERLYING ZONING FROM
PLANNED UNIT DEVELOPMENT (PUD) TO OFFICE PARK DISTRICT
(OPD), AND KEEPING THE SPECIFIC USE PERMIT (SUP; ORD. 98-5) THAT
ALLOWS THE USE OF THE PROPERTY AS A PRINT SHOP; 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.
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WHEREAS, 2351 Properties, L.L.C. (the "Owner") is the owner of the tract located at 209
E. Edgewood Drive, 0.2983 acre out of Lot 2, in Block 1, of Final Replat of Melody Plaza, Section
Two (2), a subdivision in Galveston County, Texas, according to the map or plat thereof recorded
in Volume 18, Page 1136, in the Office of the County Clerk of 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
underlying zoning classification of the Property from Planned Unit Development (PUD) to Office
Park District (OPD), while keeping the Specific Use Permit (SUP; Ord. 98-5), which allows the use of
the Property as a print shop; 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 and published 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 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 Official Zoning Map of the City of Friendswood is hereby amended
to change the underlying zoning classification of the Property from Planned Unit Development
(PUD) to Office Park District (OPD), while keeping the Specific Use Permit (SUP; Ord. 98-5),
which allows the use of the Property as a print shop. 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 TWO THOUSAND AND NO/100 DOLLARS
($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 first and final reading by the affirmative vote
of the City Council of the City of Friendswood on this the 11t` day of September, 2023.
APPROVED AS TO FORM:
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H:\City Council\Ordinances\2023\09-11-2023\Ordinance - Zoning Map Amendment for 209 E Edgewood from PUD to OPD.docx
Exhibit "A"
Friendswood, Texas
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221 E EDGEWOOD DR, \
217 E EDGEWOOD DR,
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211 E EDGEWOOD ,
• 227 E EDGEWOOD DR,
207 E EDGEWOO R, 209,,FiEDGEWO 'DR,
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205 E EDGEWOOD DR,
201
205
191
Subject Tract:
209 E. Edgewood Dr.
304
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Streets OPD
Parcels PUD Esn Community Maps Contributors. City of Houston, Brazona County, HPB,
Texas Parks & Wildlife. ® OpenStreetMap, Microsoft. CONANP, Esn, HERE.
All Linear Water Features SFR Garmin, Foursquare, SafeGraph. GeoTechnologies. Inc. METIMASA, USGS.
EPA. NPS, US Census Bureau, USDA
® Specific Use Permits
City of Friendswood Staff
Esn Communitv Maos Contributors. Cdv of Houston. Brazoria Countv. HPB. Texas Parks & Wildlife. 9 OoenStreetMao. Microsoft. CONANP, Esri. HERE. Garmin, Foursquare. SafeGraph.