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Home My WebLink AboutOrdinance No. 2022-21ORDINANCE NO, 2022-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING SPECIFIC USE PERMIT 98-7 FOR NAICS USE 96111, "ELEMENTARY AND SECONDARY SCHOOLS" TO ALLOW AN ADDITION TO THE SCHOOL AND OTHER SITE AMENDMENTS ON PROPERTY LOCATED AT 2100 WEST PARKWOOD AVENUE, BEING 16.925 ACRES, ALSO KNOWN AS LOT 1 IN THE FINAL PLAT OF FISD INTERMEDIATE SCHOOL #2, BEING ALL OF A CALLED 7.4058-ACRE TRACT AS DESCRIBED IN A DEED TO FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT, AND BEING OUT OF LOTS 12 AND 15 ALONG WITH A PORTION OF A 404OOT WIDE PLATTED ROAD AS SHOWN ON A PLAT OF THE BURGESS SUBDIVISION OF SECTION 6, BS&F AS RECORDED IN VOLUME 11% PAGE 14 OF THE DEED RECORDS OF GALVESTON COUNTY, TEXAS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FRIENDSWOOD CONSISTENT THEREWITH; 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, Friendswood Independent School District (the "Owner") is the owner of real property located at 2100 West Parkwood Avenue, City of Friendswood, Galveston County, Texas, as more particularly described as 16.925 acres, also known as Lot 1 in the Final Plat of FISD Intermediate School #2, being all of a called 7.4058-acre tract as described in a deed to Friendswood Independent School District, and being out of lots 12 and 15 along with a portion of a 40-foot wide platted road as shown on a plat of the Burgess Subdivision of section 6, BS&F as recorded in Volume 119, Page 14 of the Deed Records of Galveston County, Texas, and depicted in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"); and WHEREAS, the Owner made application to the City to change the zoning classification of the Property by amending Specific Use Permit ("SUP") 98-7 for NAILS Use #6111 "Elementary and Secondary Schools" that will overlay the Property, which is zoned Single Family Residential (SIR), to allow an addition to the school and other site amendments pursuant to the attached site plans included in Exhibit "B," which is attached hereto and incorporated herein for all intents and purposes; and WHEREAS, in accordance with the Friendswood City Code and all applicable laws, the Planning and Zoning Commission and the City Council conducted public hearings on such application, allowing all interested persons the opportunity to be heard; and WHEREAS, the Planning and Zoning 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, 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, TEXAS: Section 1. The facts and matters set forth in the preamble of this ordinance are hereby found to be true and correct. Section 2. Specific Use Permit (SUP) 98-7 is hereby amended to allow NAICS Use #6111 'Elementary and Secondary Schools" to overlay the Property, which is zoned Single Family Residential (SIR), for an addition to the school and other site amendments pursuant to the attached site plans included in Exhibit "B." Section 3. The Official Zoning Map of the City of Friendswood is hereby amended to show the designation of the Property as described and provided in Section 2 hereinabove. 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 said Property as described in Section 2 hereof. 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 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 $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 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. That 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. PASSED, APPROVED and ADOPTED on first and feral reading by the affirmative vote of the City Council of the City of Friendswood on this the 12th day of September, 2022. ATT ST: LETICIA BRYSCH, Ci ecretary APPROVED AS TO FORM: I{AREN L. 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