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HomeMy WebLinkAboutOrdinance No. 2023-32 ORDINANCE NO.2023-32 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 901 S. FRIENDSWOOD DRIVE, MORE PARTICULARLY DESCRIBED AS A 0.54-ACRE TRACT OF LAND BEING LOT ONE (1), OF SOUTHERN BREEZE, A SUBDIVISION IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 18, PAGE 353 OF THE MAP RECORDS OF GALVESTON COUNTY, TEXAS, FROM NEIGHBORHOOD COMMERCIAL (NC) TO DOWNTOWN DISTRICT (DD); 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, Katie Chandler and Ben Chandler(collectively the "Owner") are the owners of the tract located at 901 S. Friendswood Drive, more particularly described as a 0.54-acre tract of land being Lot One (1), of Southern Breeze, a subdivision in Galveston County, Texas, according to the map or plat thereof, recorded in Volume 18, Page 353, of the Map Records 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 made application to the City to change the zoning classification of the Property from Neighborhood Commercial (NC)to Downtown District(DD); 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 classification of the Property from Neighborhood Commercial(NC)to Downtown District(DD). 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. 2 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 4th day of December, 2023. MIKE F N, Mayor ATTE : ��F�Ii`NDS�O LETICIA BRYSCH, City tary t pQ co APPROVED AS TO FORM: TE 00--4-P ?S.- KAREN L. HORNER, City Attorney H:\City Council\Ordinances\2023\12-04-2023\Ordinance- Zoning Map Amendment for 901 S Friendswood Drive from NC to DD.docx 3 Exhibit A Location Map ZUU LUZ j7 901 •903 • 807 701 \. ,e / °aP 902 9C 41° ��� a l 809 \ •`0v 904 , Gay 901 4 906 '9i Subject Tract: ► 811 901 S Friendswood Drive 9,08 902 />' °'O,, N. 905 @�� 910 s� N / .806 6o,0G 904 i `d )F / 907 • 810 eo, �00 901 906 / 909 sh • oo a0�O` 0, 0,, ooa 903 9'08 911 • 830 `\e.� y • Ga •.• 910so •907 • • •• '•♦s )c ♦i •• ' • 820, 'o. os 912 � . 0%.,, \t,,o, 00 ."0 LA\ f 914 • .• \ a0,, 1001 904 \ • \\ \, 1003 916 • ti 3 ; o 107 s'c•• Oos. • 0'0 4.0 Ooo,O 1003 109 '70' 910 • 0 111 ' 518 OadO • • 2 )1 / R / j �A• / 210 t.S% • 10/4/2023, 10:12:45 AM 1:2,257 r--- 0 0.01 0.03 0.06 mi I_--: City Limits I ti , ti ti ', I I 0 0.03 0.05 0.1 km Address Points Streets Esri Community Maps Contributors.City of Houston.Brazoria County,HPB, Galveston Count Lot Lines Texas Parks&Wildlife.©OpenStreetMap,Microsoft.CONANP.Esri,HERE. Y - Garmin,Foursquare.SafeGraph.GeoTechnologies.Inc.METIMASA,USGS. EPA.NPS,US Census Bureau,USDA Parcels City of Friendswood Staff TNRIS.H-GAC.&HCFCD I Esn Community Maps Contributors.City of Houston,Brazoria County.HPB,Texas Parks&Wildlife,©OpenStreetMap.Microsoft,CONANP.Esri,HERE,Garmin.