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Home My WebLink AboutOrdinance No. 98-24 _ , f � � � . ,�� ^ � ' � . . . , r , � , ORDINANCE NO. 9 8—2 4 AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 85-19, AS AMENDED, ORIGINALLY ADOPTED THE 25`h 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 ADDING A NEW SUBSECTION (H) TO SECTION III, GENERAL REQUIREMENTS AND MINIMUM DESIGN STANDARDS TO PROVIDE GUIDELINES AND PROCEDURES ALLOWING THE PLANNING AND ZONING COMMISSION TO MODIFY THE SUBDNISION REGULATIONS, PROVIDING FOR A PENALTY, AND PROVIDING FOR SEVERABILITY. * * * * � WHEREAS, this Ordinance is adopted to allow modifications of conditions to be made to subdivision regulations so that substantial justice may be done and the public interest secured. This Ordinance is enacted in accordance with the home rule powers of the City of Friendswood, granted under the Texas Constitution and the statutes of the State of Texas, including, but not by way of limitation, Texas Local Government Code Chapters 211 and 212; and WHEREAS, it is hereby declared by the City Council that the granting of the modification of conditions will not be 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 development consists of new construction on vacant land or re-platting of existing property; and KIMI FWD I SUBDNISION AMENDMENT I 08/13/98 PAGE 1 WHEREAS, the conditions upon which the request is based are unique, and because of particular physical surroundings of the specific property involved, a particular hardship to the owner would result, and the alternative proposed by the subdivider will be an improvement to said property. NOW, THEREFORE, be it ordained by the City Council of the City of Friendswood, State of Texas: Section l. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. General. A. 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 the public interest secured. Such a finding by the Commission shall not have the effect of nullifying the intent and purpose of these regulations; the granting of the modification of conditions will not be detrimental to the public safety, health, or welfare or injurious to other property; the relief sought 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; and further provided that the Commission shall not approve a modification unless it shall make findings based upon the evidence presented in each specific case that: KIMI FWD I SUBDIVISION AMENDMENTI08/13/98 PAGE Z 1. The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property; or 2. 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 3. 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, ar pedestrian passage. 4. In no case shall the Commission grant any modifications which would have the effect of decreasing minimum lot size or dimensions. 5. Any modification granted by the Commission shall be based upon the specifics of the particular application and request before them and shall have no precedent setting effect to other applications or development proposals. B. Conditions. In approving a modification, the Commission may require such conditions as will, in its judgment, secure substantially the purposes described in Subsection A. C. Procedure. 1. A request for a modification pursuant to this Section shall be submitted in writing by the subdivider with the filing of a subdivision application. The request shall state fully the grounds for the modification request and all of the facts relied upon KIMI FWD I SUBDIVISION AMENDMENI'108/13/98 PAGE 3 by the subdivider. No modification may be considered or granted by the Commission unless the subdivider has made written request for such modification at the time of the subdivision application submittal, or an amended subdivision application submittal. 2. 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. 3. 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. 4. Any modifications to the regulations must be shown on the plat to be coded as a note. 5. A modification must receive an affirmative vote of two-thirds of all members of the Commission in order to be granted. 6. 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 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. KIMIFWD I SUBDIVISION AMENDMENTI08/13/98 PAGE 4 • ' • � ,,,,,� " ' ' 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 3rd day of Auqust � 1998. PASSED, APPROVED, and ADOPTED on second and final reading this 14th day of September 1998. , Harold L. Whitaker Mayor ATTEST: � , Deloris McKenzie, R City Secretary Motion - Councilmember Ericsson 2nd - Councilmember Hajecate Approved - Unanimously KIMI FWD I SUBDIVISION AMENDMENTI08/13/98 PAGE S