HomeMy WebLinkAboutOrdinance No. 2006-15 (Title: An ordinance amending the city's zoning ordinance by deleting the Entryway
Overlay and Downtown Overlay Districts, and providing for the creation of a new
Community Overlay District.)
ORDINANCE NO. 2006-15
AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD
CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD,
TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY
ADOPTED THE 19TH DAY OF NOVEMBER, 1984, AND BEING THE
ZONING ORDINANCE OF THE CITY, BY DELETING THEREFROM
ALL OF SUBSECTION R OF SECTION 7 AND ALL OF SECTION 7.5,
SAME BEING, RESPECTIVELY, THE PROVISIONS CREATING, AND
ESTABLISHING RULES AND REGULATIONS FOR, THE ENTRYWAY
OVERLAY DISTRICT AND THE DOWNTOWN OVERLAY DISTRICT,
AND BY ADDING THERETO A NEW SECTION 7.5; PROVIDING FOR
THE CREATION OF THE COMMUNITY OVERLAY DISTRICT
("COD"); PROVIDING RULES AND REGULATIONS GOVEItNING THE
USE OF LAND WITHIN THE BOUNDARIES OF THE COD;
PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000
FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND
PROVIDING FOR SEVERABILITY.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally
adopted the 19th day of November, 1984, same being Appendix C of the Friendswood City Code,
and also being the zoning ordinance of the City, is hereby amended by deleting all of Subsection
R of Section 7, said Subsection R establishing the Entryway Overlay District, and providing the
rules and regulations governing the use of land therein.
Section 2. Said City of Friendswood, Texas, Ordinance No. 84-15, as amended, is
hereby further amended by deleting all of Section 7.5, said Section 7.5 establishing the
Downtown Overlay District, and providing the rules and regulations governing the use of land
therein.
Section 3. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally
adopted the 19th day of November, 1984, same being Appendix C of the Friendswood City Code,
and also being the zoning ordinance of the City, is hereby amended by adding thereto a Section
7.5 to provide as follows:
7.5 Community Overlay District
1. General purpose and description_ The Community Overlay
District ("COD") is intended to preserve and enhance the physical
characteristics of the City of Friendswood along its entryways and
in the downtown area by promoting the safety, welfare,
convenience, and enjoyment of travel along these roads; providing
for unified and orderly development; and promoting and aiding
economic growth. The establishment of a COD does not repeal the
underlying zoning classification of property to which the COD
applies. The requirements of the COD are in addition to the
requirements of the underlying zoning district. The COD includes
the following thoroughfares: FM 2351 from Friendswood City
Limit to Friendswood City Limit, FM 518 from the Friendswood
City Limit to the Friendswood City Limit, FM 528 from
Friendswood City Limit to Friendswood City Limit, Friendswood
Lakes Blvd. (also known as Brittany Bay) from Friendswood City
Limit to Friendswood City Limit, Bay Area Blvd. from
Friendswood City Limit to FM 528.
2. Boundaries. Those areas designated as within the COD shall�
extend parallel along the frontage of each tract along the
thoroughfare and extend 300 feet or to the rear of the property,
whichever is closer.
3. Screening. The following uses on the site shall be screened to a
height sufficient to completely screen the use from view at ground
level. For the purposes of this Subsection, "view from ground
level" shall mean the view from public walkways situated in the
adjoining rights-of-way or from vehicular traffic in the first two
traffic lanes in the bordering streets of the COD.
a. All outside storage;
b. Industrial activities;
c. Off-street loading areas;
d. Refuse storage areas, dumpsters, and all related activities;
e. Air conditioning, refrigeration, heating, and other
mechanical and electrical equipment;
f. Microwave and satellite antennas not otherwise preempted
from regulation by applicable law or regulation;
g. Detention ponds*; and
h. Garage bays fronting on the thoroughfares described in
Paragraph 1 above.
An opaque screen composed of berms**, walls, fences, vegetation,
or a combination of these materials between the property line and
the development shall be used; however, in no case shall any of the
Ord.2006-15 2
above mentioned activities be closer to the street than the setback
line.
*If detention ponds are part of the landscaping plan, screening
would not be necessary. Ponds may be located no closer than 10
feet from abutting rights of way if the pond serves only the subject
property.
** Berms used for any type of screening shall be limited to a
height of three (3) feet above finished grade at the front property
line (not including detention facilities), and shall be landscaped.
4. Utilities. All permanent utilities serving the property shall be
located underground, at owner's expense.
5. Landscaping. The minimum landscaping requirements for areas
within the COD shall be as follows:
a. All landscape buffers shall be provided with architectural
and/or landscape materials to screen structures, facilities,
drive areas, parking areas, etc. Shrubs shall be a minimum
height of two (2) feet when planted. Mature shrubs shall be
maintained in a live or living condition to a maximum
height of 3 foot 6 inches.
b. Nothing contained in this Paragraph 5 shall be deemed to
reduce applicable landscaping requirements contained in
other sections of this Code, or any ordinance specifically
applicable to a development (i.e. Specific Use Permit or
Planned Unit Development).
6. Architectural elements. Garage bays or other similar large
openings designed for automotive or industrial work, or designed
for vehicles to drive into, shall not front a COD thoroughfare
unless screened with architectural or landscaping materials as
outlined under Paragraph 3 above. This prohibition shall not
include drive-throughs such as are typically found at banks or fast
food establishments. In the event that COD requirements overlap
at intersections, architectural requirements regarding garage bays
shall apply only to the frontage on one street as designated on the
site plan.
a. Commercial:
(1) Commercial developments shall have exterior
cladding on those portions of a building visible to a
COD thoroughfare, of wood, brick, masonry, stone,
stucco, or glass.
Ord.2006-15 3
(2) The design of walls and other structures located on
the same site, including those used to screen
outdoor storage areas, dumpsters, vehicles, etc.,
shall be constructed of the same materials as the
main building on the lot.
(3) Provided however, notwithstanding subparagraphs
(1) and (2) above, an applicant may present to the
Planning and Zoning Commission, on the site plan,
specifications which include elevation drawings of
proposed alternative materials. The Planning and
Zoning Commission may approve such alternative
materials if they meet or exceed the appearance and
durability requirements above.
b. Residential:
(1) Residential developments not facing a COD
thoroughfare shall be required to install a visual
barrier to a minimum mature height of six (6) feet
as measured from the finished grade. The barrier
shall be set back from the street right-of-way line by
a minimum of ten (10) feet. Various materials may
be utilized, including landscaped earth berms,
provided the materials are durable and require low
maintenance. All barriers shall be maintained by
the owner of the property on which such barrier is
located, or by a Home Owners Association. If a
Home Owners Association is to provide such
maintenance, the obligations therefor shall be set
forth in writing, and filed of record in the same
manner that other restrictive covenants are filed.
Subdivision plats submitted for residential property
along a COD corridor shall include detailed
information and visual representations of the
proposed barrier, and such other information as
deemed necessary by the Planning and Zoning
Commission to establish compliance with this
subparagraph.
(2) Trees shall be planted adjacent to the barrier, on the
COD thoroughfare side, at intervals of twenty-five
feet (25'), with one-half having a minimum caliper
of four inches (4") and one-half having a minimum
caliper of two inches (2"). Existing qualified trees
may be counted toward fulfillment of this
requirement provided that the size, species, and
guaranteed duration shall meet the criteria of the
Ord.2006-15 4
landscaping section of this ordinance. (Clustering of
trees shall be permitted; provided however,
clustering shall not reduce the number of required
trees, and trees shall not be clustered so as to lessen
the survival rate of other trees.)
Section 4. Any person who shall intentionally, knowingly, recklessly, or with criminal
negligence, 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 5. 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,APPROVED on first reading this lOt� day of Julv 2006.
PASSED,APPROVED, and ADOPTED on second and final reading this the 24th
day of July 2006.
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J. H. i h
Mayor
ATTEST:
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Deloris McKenzie, T C �
City Secretary # f
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