HomeMy WebLinkAboutOrdinance No. 2010-38 (Title: An ordinance of the City of Friendswood amending Appendix B, the City's
Subdivision Ordinance, to require the mailing of P&Z meeting notices to property owners
within 200 feet of the exterior boundary of-any property subject to applications for
preliminary, final or short form final plats where the proposed subdivision would amend a
previously recorded subdivision map or survey for which there is no formal recorded plat
approved by law.)
ORDINANCE NO. 2010-38 !
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS,
APPENDIX B "SUBDIVISIONS", AND BEING AN
ORDINANCE PROVIDING RULES AND REGULATIONS
GOVERNING PLATS, BY AMENDING SECTIONS H(B)(4),
H(C)(4) AND H(E)(3), TO REQUIRE THE MAILING OF
MEETING NOTICES TO PROPERTY OWNERS WITHIN
200 FEET OF THE EXTERIOR BOUNDARY OF ANY
PROPERTY SUBJECT TO CERTAIN APPLICATIONS FOR
PRELIMINARY PLAT, FINAL PLAT OR SHORT FORM
FINAL PLAT; PROVIDING A MAXIMUM PENALTY IN AN
AMOUNT OF $2,000 FOR VIOLATION OF ANY
PROVISION HEREOF; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES INCONSISTENT OR IN
CONFLICT HEREWITH; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, the City seeks to update its subdivision ordinance by authorizing'
amendments to the Subdivision Ordinance to provide additional notice to property owners within,
200 feet of the exterior boundary of properties subject to certain applications for preliminary
plat, final plat or short form final plat;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS: (I
Section 1. Appendix B of the Code of Ordinances of the City of Friendswood, Texas;
same being the City's Subdivision Ordinance, is hereby amended by amending Section II (b)(4)
to read and provide as follows:
"APPENDIX B SUBDIVISION ORDINANCE
i Section H. -Procedures for submission of plats.
b. Preliminary plat.
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4. Decision of the commission. On receipt by staff of an application
containing all of the information described above, staff shall schedule the
application for action by the commission on their next available agenda.
Beginning with date the preliminary plat appears on a posted agenda, the
commission shall render a decision thereon within 30 days, providing the
item is not withdrawn prior to commission review [an} and action. Such
decision may consist of approval, disapproval, or conditional approval.
Conditional approval may be granted only in those instances where the
condition(s)to be satisfied are within the authority of the commission.
If a preliminary plat does not meet the description of a replat per Section
II.f., but it amends a previously recorded subdivision map or survey
which there is no formal recorded plat approved by law, a written notice of
the meeting shall be mailed to each owner of real property, as indicated by
the most recent tax roll, situated within the original subdivision map or
survey and located within 200 feet of the exterior boundary of the subiect
property, at least ten(10) days prior to the meeting.
Section 2. Appendix B of the Code of Ordinances of the City of Friendswood, Texas,
same being the City's Subdivision Ordinance, is hereby amended by amending Section II (c)(4)
to read and provide as follows:
"Section II. -Procedures for submission of plats.
C. Final plat.
4. Decision of the commission. On receipt by staff of an application containing all of the
information described above, staff shall schedule the application for action by the
commission on their next available agenda. Beginning with the meeting date for
initial approval of the final plat, the commission shall render a decision thereon
within 30 days. Said decision may consist of approval or disapproval.
Ord 2010-38 2
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If a final plat does not meet the description of a replat per Section III, but it amends
a previously recorded subdivision map or survey for which there is no formal
recorded plat approved by law, a written notice of the meeting shall be mailed to each
owner of real property, as indicated by the most recent tax roll, situated within the
original subdivision map or survey and located within 200 feet of the exterior
boundary of the subject property, at least ten(10) days prior to the meeting
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Section 3. Appendix B of the Code of Ordinances of the City of Friendswood, Texas,
same being the City's Subdivision Ordinance, is hereby amended by amending Section II (e)(3)
to read and provide as follows:
"Section II. -Procedures for submission of plats.
e. Short form final plat.
3. Decision of the commission. On receipt by staff of an application containing all of the
information described above, staff shall schedule the application for action by the
commission on their next available agenda. Beginning with the meeting date for j
initial approval of the final plat, the commission shall render a decision thereon
within 30 days. Said decision may consist of approval or disapproval.
If a short form final plat does not meet the description of a replat per Section II.f., but
it amends a previously recorded subdivision map or survey for which there is no
formal recorded plat approved by law, a written notice of the meeting shall be mailed
to each owner of real property, as indicated by the most recent tax roll, situated within
the original subdivision map or survey and located 200 feet of the exterior boundary
of the subject property, at least ten(10) days prior to the meeting.
Section 4. Any person who shall intentionally, knowingly, recklessly, or with criminal
negligence, violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and,
upon conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall
constitute a separate offense.
Ord 2010-38 3
Section 5. All ordinances or parts of ordinances inconsistent or in conflict herewith
are, to the extent of such inconsistency or conflict, hereby repealed.
Section 6. In the event any 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,whether there be one or more parts.
PASSED AND APPROVED on first reading this 61" day of December,2010.
PASSED, APPROVED AND ADOPTED on second and final reading this loth day j
of January,2010.
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vid J. H. Smith
Mayor
ATTEST:
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Melinda Welsh, TRMC u c
City Secretary
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Ord 2010-38 4