HomeMy WebLinkAboutOrdinance No. 2022-22ORDINANCE NO.2022-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF FRIENDSWOOD TO CHANGE THE CLASSIFICATION OF
5.7092 ACRES OF LAND LOCATED ON WEST PARKWOOD AVENUE,
BEING MORE PARTICULARLY DESCRIBED AS 5.7092 ACRES OUT OF A
10,9037 ACRE TRACT, BEING A PART OF THE I & GN RR COMPANY
SURVEY NO, 23, ABSTRACT 624, GALVESTON COUNTY, TEXAS AND
ABSTRACT 740, BRAZORIA COUNTY, TEXAS; FROM SINGLE FAMILY
RESIDENTIAL (SIR) TO COMMUNITY SHOPPING CENTER (CSC);
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, Estate of George A. Bofysil, Jr. (the "Owner") is the owner of the tract located
along West Parkwood Avenue, being more particularly described as 5.7092 acres of land, out of a
10.9037 acre tract, being a part of the I & GN RR Company Survey No. 23, Abstract 624,
Galveston County, Texas, and Abstract 740, Brazoria 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 from Single Family Residential (SIR) to Community Shopping Center (CSC); 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. The Official Zoning Map of the City of Friendswood is hereby amended
to change the classification of the Property from Single Family Residential (SFR) to Community
Shopping Center (CSC). 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 3. 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 hereinabove.
Section 4. A violation of this ordinance is subject to the penalty provisions contained
in Section 144 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 5. That all ordinances or parts of ordinances in conflict or inconsistent with
this ordinance are hereby expressly repealed.
Section 6. 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 7. 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 8. 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 final reading by the affirmative
vote of the City Council of the City of Friendswood on this the 12th day of September, 2022.
ATTESITn:�''
11l-L�
LETICIA BRYSCH, City ecretary
APPROVED AS TO FORM:
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