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HomeMy WebLinkAboutOrdinance No. 2024-10 ORDINANCE NO. 2024-10 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 PROPERTY LOCATED AT 2600 S. FRIENDSWOOD DRIVE,FRIENDSWOOD,GALVESTON COUNTY,TEXAS, BEING 4.8476 ACRES OF LAND OUT OF LOTS 64 AND 65 OF SLONE SUBDIVISION,OUT OF THE JOHN DICKINSON LEAGUE,ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 254-A, PAGE 6 AND TRANSFERRED TO PLAT RECORD 3, MAP NUMBER 61A, BOTH OF THE MAP RECORDS OF GALVESTON COUNTY, TEXAS, TO CHANGE THE FLUM DESIGNATION FROM LOW DENSITY RESIDENTIAL TO RETAIL; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FRIENDSWOOD TO CHANGE THE CLASSIFICATION OF SUCH PROPERTY 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,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 at 2600 S. Friendswood Drive, Friendswood, Galveston County, Texas, being 4.8476 acres of land out of Lots 64 and 65 of Slone Subdivision, out of the John Dickinson League, according to the map or plat recorded in Volume 254-A, Page 6 and transferred to Plat Record 3, Map Number 61A, both of the map records of Galveston County, Texas(the"Property"),has been reviewed by the City's Community Development Department(the "Department")and the Planning and Zoning Commission(the "Commission"); 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, public hearings at which the public was given the opportunity to give testimony and present written evidence regarding the amendment of the Plan were conducted by the Commission on March 14, 2024, and by the City Council on April 1, 2024; and WHEREAS, after receiving the recommendations of the Department and the Commission as well as the input received at the public hearing, the City Council desires to amend the Plan to update the Future Land Use Map to better reflect future development within the boundaries of the City; and WHEREAS, additionally, Ginger Grisby (the "Owner"), the owner of the Property, 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 Commission and the City Council conducted public hearings on such application, allowing all interested persons the opportunity to be heard; and WHEREAS, the 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 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. 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 Future Land Use Map concerning the Property,to change the FLUM designation from Low-Density Residential to Retail. Section 3. 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 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 2 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 6. That all ordinances or parts of ordinances in conflict or inconsistent with this ordinance are hereby expressly repealed. Section 7. 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 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 entry on the official zoning map in accordance with Section 3.A.(3), Appendix C of the Friendswood City Code. INTRODUCED,READ,AND PASSED by the affirmative vote of the City Council of the City of Friendswood on this 1 St day of April, 2024. Ldiaalat / IKE 'I REMA , Mayor ATTE : 1 '� F NDS, 3 LE ICIA BRYSCH, City - etary APPROVED AS TO FORM: 6 11- TE N L. HORNER, City Attorney H:\City Council\Ordinances\2024\04-01-2024\Ordinance-Updating Comprehensive Plan Land Use Map&Official Zoning Map-2600 S Friendswood Dr.docx 3 cxnlDlt H . Location Map Subject Property: 2600 S. Friendswood Dr. • tie 1/30/2024, 11:36:08 AM 1:10,184 j---� 0 0.07 015 03nr ---I City Limit 0 I 0 0.1 0.t 2 0.4 krn Parcels Streets Esn Community Maps Contributors,Texas Parks&Wsdhle.CONANP,Fut, TomTom. Garmin. Foursquare. SafeGraph, GeoTechnologies, Inc. METE Surrounding Cities NASA,USGS,EPA,NPS.US Census Bureau USDA.USFWS 4 4 4�rT�sr lc 1{. CITY OF FRIENDSWOOD Official Zoning Map Certification 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 April 1,2024,by official action of the City Council,the following changes were made in the official zoning map: Description of Affected Property: 2600 S. Friendswood Drive, Friendswood, Galveston County, Texas, being 4.8476 acres of land out of Lots 64 and 65 of Slone Subdivision,out of the John Dickinson League, according to the map or plat recorded in Volume 254-A, Page 6 and transferred to Plat Record 3, Map Number 61 A,both of the map records of Galveston County,Texas. Former Zoning District Classification: Single Family Residential(SFR) New Zoning District Classification: Shopping Center(CSC) The above-referenced changes were made via Ordinance No.: 2024-10. IN WITNESS WHEREOF, this Official Zoning Map Certification was executed on the 1st day of April, 2024. M ayor � 02IENOS_ O AT T: ti" a O ETICIA BRYSCH,City S 6' opgaw 1-P lTEO0 , ENTRY ON OFFICIAL ZONING MAP I,Leticia Brysch,the City Secretary of the City of Friendswood,Texas,have entered this certificate „opon the Official Zoning Map of the City of Friendswood,Texa n this the 2'd. •f April,2024. i RJEN4S LETICIA BRYSCH,City S-' fili. ,-¢; aw`; ;__; p 0 * s onft, co H.\Community Development\Zoning\Zoning Map Amendments\Certifications\2024\Official Zoning Map Certification-SFR to CSC-4-1-2024.docx ��TE �P O F