HomeMy WebLinkAboutOrdinance No. 2013-30 (Title: An ordinance updating Appendix C "Zoning," Section 15, "Amendments," Subsectim� D. "Notice of joint
hearings," to comply with H.B. 674, effective September 1, 2013, relating to providing notice of certain proposed
municipal zoning changes to a school district.)
ORDINANCE NO. 2013-30
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXAS, APPENDIX C — "ZONING," SECTION 15,
"AMENDMENTS," SUBSECTION D. "NOTICE OF JOINT
HEARINGS," BY REVISING AND UPDATING NOTICE
REQUIREMENTS FOR AMENDMENTS TO COMPLY
WITH H.B. 674 REQUIRING NOTICE OF CERTAIN
PROPOSED MUNICIPAL ZONING CHANGES TO
SCHOOL DISTRICTS; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES INCONSISTENT OR IN
CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR EPFECTIVE
DATE OF SEPTEMBER 1, 2013.
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WHEREAS, the City Council of the City of Friendswood is continually reviewing the
provisions of the City Code of Ordinances, specifically including Appendix C of the
Friendswood City Code, ("Zoning Ordinance") relating to land use and other circumstances for
compliance with legislarive enactments; and
WHEREAS, the City Council and the Planning and Zoning Commission of the City of
Friendswood have reviewed the recent legislative enactments of the 83`� Legislature, H.B. 674
relating to providing notice of certain proposed municipal zoning changes to a school district,
which becomes effective on September 1, 2013; and
WHEREAS, the City Council and Planning and Zoning Commission has determined that
the subject notice is now required by law and has proceeded to amend its Code in a timely
manner to include this statutory requirement, and
WHEREAS, City Council has determined that all required public notices have been
posted and published, all required hearings on this matter have been held, and that this Ordinance
coinplies with the applicable provisions of the City Charter, Code and statutes to address recent
legislative amendments contained in H.B. 674;
NOW, TAEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
Section 1. FINDINGS OF FACT.
That the facts and matteis set forth in the preamble of this Ordinance are hereby found to
be true and correct.
Section 2. AMENDMENT TO THE FRIENllSWOOD CITY CODE, APPENDIX C,
°°ZONING", SECTION 15, °OAM�NDMENTS," SUBSECTION D. "NOTICE OF JOINT
HEARINGS.
The City Code of Friendswood, Appendix C, "Zoning," Section 15 , "Amendments,"
Subsection D. "Notice of joint hearings,"is hereby amended and revised as follows:
"Section 15. Amendments.
A. Authori.ry. The city council may fi•om time to time amend, supplement, or change by
ordinance the Uoundaries of the district ar the regulations herein established.
B. Sarbnaission to planning and zoning commission. Before taking action on any proposed
amendment, suppleinent or change by ordinance of a dish•ict boundary or regulation, the
city council shall submit the proposed revision to the planning and zoning commission
for its reconunendation and repark The planning and zoning commission shall make its
repoi�t within 30 days following the close of the public hearing thereon.
C. Public hearings. Prior to adopting any ordinance amending, supplementing, or chaugin�
the boundaries of any district or any regulation herein established, the city council and
the planning and zoning coinmission shall jointly hold a public hearing at whieh any
person desiring to be heard regarding such matter shall be given an oppm�tunity to do so.
The final repoit by the planning and zoning commission, as required in subsection B. of
this section 15, shall not be acted upon by such commission until the conclusion of such
joint public hearing.
D. Notice ofjoint hearzngs.
1. Notice of any joint public hearing involving a proposed change in a zoning
classification shall be given, in writing, to each owner of real property, as
Ord 2013-30 2
indicated by the most recently approved city tax roll, which lies witlun 200 feet of
any property on which said change in classification is proposed, such notice to be
given not less than ten days prior to the date on which such hearing is to be held.
2. Notice of all joint public hearings shall also be published in the official newspaper
of the city, or a newspaper having general circulation in the city, at least 15 days
prior to the date on which such hearing is to be held.
3. In addition, notice of any joint public hearing involving a proposed change in
zoning classification shall be given by causing a sign to be erected on the property
which would be affected by the proposed change stating the time and place of the
hearing. Such sign shall be erected not less than ten days prior to the date on
which such hearing is to be held.
4. Before the lOth dav before the hearin� date, notice of anv ioint public
hearin� involvin� a nroposed chanEe in a zonine classification affectine
residential or multi-family zoning shall be given, in writine via United States
Postal Service, to each school district in which the pronertv for which the
pronosed chan�e in classification is located.
E. Vote r•ega�ii°ed in the ei�ent of��rotest. In the event of a written protest to any such
proposed amendment, supplement, or change to a district boundaiy or regulation signed
by the owners of 20 percent or more either of the area of the lots included in such
proposed change those immediately adjacent to the area of the lots or land immediately
adjoining the area covered by tl�e proposed change and extending 200 feet fi•om that area,
such amendment shall not become effective except by the favorite vote of tluee-fowths
of all members of city council."
Section 3. INCORPORATION INTO THE CODE.
This Ordinance is hereby incorporated and made a part of the Friendswood City Code of
Ordinances.
Section 4. R�PEAL OF CONFLICTING ORDINANCES.
All ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are
hereby expressly repealed.
Section 5. SEVERABILITY.
In the event any clause phrase, provision, sentence, or part of this Ordinance or the
application of the same to any person or circumstances 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 Frieudswood, Texas,
declares that it would have passed each and every part of the same notwithstanding the omission
Ord 2013-30 3
of any such part thus declared to be invalid or unconstitutional, whether there be one or more
parts.
Section 6. NOTICE.
The City Secretary shall give notice of the enactment of this Ordinance by promptly
publishing it or its descriptive caption and any penalty after final passage iu the official
newspaper of the City.
Section 7. EFFECTIV�DATE
In accardance with H.B. 674, this Ordinance shall be effective on September 1, 2013.
PASSED AND APPROVED on first reading this 9t�' day of Sentember,2013.
PASSED, APPROVED, and ADOPTED on second and final reading this 7"' day of
October,2013.
' ,
Kevin M. Hall d
Mayar
ATTEST:
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Melinda Welsh, TRMC �\'�, • ''�iP�,o
City Secretazy ^V� ,n;
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