HomeMy WebLinkAboutOrdinance No. 2000-36 ORDINANCE NO. 2 0 0 0-3 6
AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS,
ORDINANCE NO. 85-19, AS AMENDED, ORIGINALLY ADOPTED THE
25th DAY OF SEPTEMBER, 1985, BEING APPENDIX B OF THE
FRIENDSWOOD CITY CODE, AND BEING AN ORDINANCE
PROVIDING RULES AND REGULATIONS GOVERNING PLATS AND
THE SUBDIVISION OF LAND WITHIN THE CITY, BY DELETING
SUBSECTION i., VARIANCE PROCEDURE, OF SECTION II,
PROCEDURES FOR SUBMISSION O�' PLATS, TO DELETE THE
GUIDELINES AND PROCEDURES AI,LOWING THE PLANNING AND
ZONING COMMISSION TO MODIFY THE SUBDIVISION
REGULATIONS; BY AMENDING SUBPARAGRAPH 5 OF SUBSECTION
k OF SECTION III, GENERAL REQUIREMENTS AND MINIMUM
DESIGN CRITERIA TO ALLOW PRIVATE STREETS TO BE
REQUESTED ONLY IN GARDEN HOME DISTRICTS (MFR-GHD) AND
PLANNED UNIT DEVELOPMENT DISTRICTS (PUD), AND
REQUIRING REVIEW BY CITY COUNCIL FOR SUCH STREETS;
PROVIDING FOR A PENALTY, AND PROVIDING FOR
SEVERABILITY.
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NOW, THEREFORE, be it ordained by the City Council of the City of Friendswood,
State of Texas:
Section 1. Appendix B of the Code of Ordinances of the City of Friendswood, Texas,
said Appendix B being the Subdivision Ordinance of the City, subsection i, Variance Procedures,
of Section II, Procedures for Submission of Plats, is hereby deleted in its entirety:
[i. Variance Procedure
1. A modification of conditions may be granted if the proposed
variance is not detrimental to the public safety, health, or welfare
or injurious to other property, and that the only adequate procedure
to provide for same is by integrating such a condition into the
procedure for planning and developing property or subdivision in
the City, whether such develonment consists of new construction
on vacant land ar -.: ;� �-*ting of existing property; and, if the
conditions upon which the re�uest is based are unique, and because
of particular physical surroundings of the specific property
KIMI FWD I SUBDIVISION AME1VnMENT 108/30/2000
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involved, a particular hardship to the owner would result, and the
alternative proposed by the subdivider will be an improvement to
said property.
2. Where the Commission finds that extraordinary hardships or
practical difficulties may result from strict compliance with these
regulations or the purposes of these regulations may be served to a
greater extent by an alternative proposal, it may approve
modifications of conditions to these subdivision regulations so that
substantial justice may be done and public interest secured, and
If the proposed variance does not nullify the intent and purpose of
these regulations and will not in any manner vary the provisions of
any other City ordinance or regulation, the Plan for the City of
Friendswood, State of Texas, or the official Zoning Map of the
City, except that those documents may be amended in the manner
prescribed by law.
3. The Commission shall not approve a modification unless it shall
make findings based upon the evidence presented in each specific
case that:
(a) The conditions upon which the requests is based are unique
to the property for which the relief is sought and are not
applicable generally to other property; or
(b) Because of the particular physical surroundings, shape, or
topographical conditions of the specific property involved,
a particular hardship to the owner would result, as
distinguished from a mere inconvenience, if the strict letter
of these regulations is carried out; or
(c) The subdivider has demonstrated an alternative method of
development that will improve the aesthetic value of the
subdivision while giving equal emphasis to safety,
economy, tax yield, maintenance cost, response time,
drainage, vehicular access, or pedestrian passage. In no
case shall the Commission grant any modifications which
would have the effect of increasing the number of lots that
would have been developed without said modifications.
4. Any modifications granted by the Commission shall be based upon
the specifics of the particular application and request before them
and shall have not precedent setting effect to other applications or
development proposals. A request for modification shall be
submitted in writing by the subdivider with, or prior to the
submittal of a preliminary plat application. The request shall state
fully the grounds for the modification request and all of the facts
relied upon by the subdivider. No modification may be considered
KIMI FWD I SUBDIVISION AMENDMENTI08/30/2000
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or granted by the Commission unless the subdivider has made
written request for such modification at, or prior to, the time of the
preliminary plat application submittal, or an amended preliminary
plat application submittal.
5. All applicable fees must be paid at the time of submission of a
request for modification, including fees required for plat review,
and the fee for subdivision ordinance modification, at the amounts
established by the City Council. No request for a modification will
be considered complete until all fees have been paid to the City.
Notice of any requested modifications shall be given, in writing, to
each city council member and to each owner of real property, as
indicated by the most recently approved city tax roll, which lies
within 200 feet from the location of the modification. If the
modification applies to only one platted lot, this will be 200 feet
from the lot lines as shown on the plat. Such notice shall be given
not less than ten days prior to the date of the Commission meeting
at which the request is to be heard.
6. Any modifications to the regulations must be shown on the plat to
be coded as a note. A modification must receive an affirmative
vote of two-thirds of all members of the Commission in order to be
granted.
7. Following an affirmative vote granting any modification, the
Chairman of the Commission shall forward a memorandum to the
City Council advising them of the requested modification and the
Commission's action.]
Section 2. A�endix B of the Code of Ordinances of the City of Friendswood, Texas,
said Appendix B being the�bdivision Ordinance of the City, subparagraph 5 of subsection k.,
�
Lots, of Section III, General Requ,irements and Minimum Design Criteria, is amended by adding
the following language:
5. The subdividing of the lan�l shall be such as to provide, by means of a public
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street, each lot with satisfactor�y access to an existing public street. Provided,
however, subdivisions in zoning districts MFR-GHD (garden home residential
district) and PUD (planned unit development district) may request approval to
provide for access to lots by means of private streets from City Council through
KIMIF'WD I SUBDIVISION AMENDMENTI08/30/2000
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the site plan revie�u pro�ess, pro��ided such private streets otherwise comply with
the requirements for public streets.
Section 3. Penalty• Any person who shall 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.
Section 4. 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 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 llthday of September � 2000.
PASSED, APPROVED, and ADOPTED on second and final reading this 25th day of
September , 2000.
��
Harold L. itaker
Mayor
ATTEST:
. s
DZOTION: Councilmember Kim Brizendine
Deloris McKenzie, RMC 2ND: Councilmember Kitten Brizendin
City Secretary APPROVED: Unanimously
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