HomeMy WebLinkAboutOrdinance No. 2008-06 r
(Title: An ordinance amending the zoning ordinance of the City by amending the
regulations governing the Downtown Zoning District concerning building height, on-street
parking, trees in ROW and height definition and drawing; and providing other matters
relating to the subject.)
ORDINANCE NO.2008-06
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 AMENDING SECTION 7,
SUBSECTION I.1 AND 3.B(3) OF SUBSECTION Q TO CHANGE THE-
BASIS FOR MEASURING MAXIMUM BUILDING HEIGHT; BY
AMENDING APPENDIX C. ZONING. SECTION 20. "DEFINITIONS" BY
ADDING A NEW SUBSECTION 00. "HEIGHT" TO PRESCRIBE THE
MEASUREMENT OF HEIGHT; BY AMENDING SECTION 8,
SUBSECTION F, PARAGRAPH LC TO PROHIBIT ON-STREET
PARKING ON FM 518 AND FM 2351; AND AMENDING SECTION 8,
SUBSECTION N, PARAGRAPH 6.A REGARDING THE APPROVED
TREE LIST AND LANDSCAPING MATERIAL; PROVIDING A
PENALTY'OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY
OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR
SEVERABILITY.
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
passed and approved the 19th day of November, 1984,and being the zoning ordinance of the city, is'
hereby amended by amending Section 7, subsection I.1 as follows:
'T Downtown District (DD), general purpose and description — This district is
designed to accommodate and promote Friendswood's original business and
downtown areas area. It is intended to achieve a balance of retail, commercial,
office, and residential and public activities. Development within the DD should be
pedestrian friendly with an emphasis on shared parking and shared access between
developments. Development within the DD requires the approval of a development
site plan by the Planning and Zoning Commission.
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1. Area and height regulations. Structures within the DD are intended
to be between 1 to 4 stories. The mmdmum height allowed is 70 feet
meastifed from the mininium habitable floor elevat The maximum
height allowed is 70 feet as measured in accordance with the method
prescribed in Section 20. Definitions, Subsection 00. Height. Additional
regulations are set forth under Section 7, Q. 2—Regulation Matrix.
a. No residential use shall be allowed on the first floor j
2. See Section 8 for Supplementary District regulations
3. Permitted uses. Uses permitted in the DD, Downtown District, are
set forth in section 7-P, Permitted Use Table"
SECTION 2. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally
passed and approved the 19th day of November, 1984,and being the zoning ordinance of the city, is
hereby amended by amending paragraph 3 b (3) of subsection q of Section 7 as follows: j
i "(3)
eleva6ien.
The maximum height allowed for structures within the Downtown
District (DD) is 70 feet as measured in accordance with the method
prescribed in Section 20. Definitions, subsection 00. Height."
SECTION 3. City of Friendswood, Texas, Ordinance No. 84-15, is hereby further
amended by amending Appendix C. Zoning, Section 20. "Definitions" by adding.a new subsection
00. "Height"to read and provide as follows:
"SECTION 20. DEFINITIONS.
For the purposes of this ordinance, certain terms or words used herein shall be interpreted as
follows:
The word "person" includes an individual, firm, association, organization,partnership,trust,
company,or corporation.
The present tense includes the future tense; the singular number includes the plural; and the
plural number includes the singular.
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_ The word "shall' is mandatory; the word "may" is permissive.
The words "used" and 'occupied" include the words "intended, designed, or arranged to be
used or occupied."
The word "building" includes the word"structure."
The word "lot" includes the words "plot' or"parcel.
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00. Height. The height of a building shall be measured to (1) the top of ridge of
the highest roof of a sloped roof(i.e., gable); or (2) the top of the highest deck of a
mansard roof: or (3) the top of the highest parapet wall of a flat roof.
For buildings not located in the floodplain, height is measured from the top of the
finished first floor of the building which can be no more than two (2) feet above i
the finished grade at the site. Finished grade shall mean the highest grade
elevation within five (5) feet of the foundation or wall of the building, said grade
having been established by means of an approved grading and/or drainage plan.
Finished grade may also be the existing grade elevation when no terrain alteration
is proposed, or where otherwise applicable. Any fill which is not required to
achieve positive site drainage or slope stabilization, or which is otherwise proposed
to raise the finished first floor elevation(s) for any other purpose, shall not be
considered to be fmished grade for the purpose of measuring building height.
For buildings located in the floodplain, height is measured from the top of the first
finished floor which shall be two (2) feet above the average base flood elevation at
the site, as established by the latest available flood elevation maps for the City.
No part of a building or structure is allowed to exceed the maximum height
allowed in a specific zoning district except for the following: (1) Elements inclusive
of, but not limited to, chimneys, vents, and roof-top mechanical equipment,
provided that the maximum allowed building or structure height is not exceeded
by more than four(4) feet; or(2) Elements inclusive of, but not limited to, radio or
television antennae or aerials (but not including microwave receivers,
transmitters, repeaters, or satellite receivers),provided that the maximum allowed
building or structure height is not exceeded by more than ten (10) feet."
SECTION 4. Said City of Friendswood, Texas, Ordinance No. 84-15, is hereby further
amended by amending Section 8,Subsection F,Paragraph 1.c to read and provide as follows:
"F. Off-street parking and loading regulations.
Ord.2008-06 3
1. Off-street parking regulations;Purpose. It is the intent of this section to
assure that adequate off-street parking is provided with the construction,
alteration, remodeling or change of use of any building or change in the
use of land. Specific guidelines regarding recommended off-street parking I
spaces and parking lot geometrics shall comply with the requirements of
the current Design Criteria.
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C. Downtown District parking. To promote pedestrian
friendly environments, shared parking and shared parking
access is encouraged. Head-in parking may be allowed in
the DD with the approval of the Commission, upon
recommendation of the city engineer, in areas at least 400' I
from FM 518 and/or FM 2351. Ne on street par4dag shall
be allowed on FM C18. No on-street parking shall be
allowed on FM 518 or on FM 2351 within the
Downtown District. Parking spaces and parking lot
geometries shall comply with the requirements of the
current Design Criteria."
SECTION 5. City of Friendswood, Texas, Ordinance No. 84-15, as amended, is hereby
further amended by amending Paragraph 6.a of Subsection N of Section 8 to read and provide as
follows:
"N. Downtown District Supplemental requirements
6. Sidewalks. Each development shall provide a 15-foot wide paved
sidewalk along each adjacent roadway right-of-way. Sidewalks and
sidewalk easements shall be required where head-in parking does not
leave enough area for amenities and sidewalks in the right-of-way.
a. An area four feet (4') in depth, and running parallel and adjacent to
each adjacent roadway right of way, measured from the back of curb, shall
be reserved for amenities such as street furniture, lighting or landscaping.
This area may be grass, brick pavers, stamped concrete, or other
decorative material. A 4'X 4' (minimum) landscape and tree well shall be
provided every 25 linear feet.
(1) tree f.em the approved tree list and ether- 1..ndse... ing material (bushes
ana�gre•• r). Each well shall contain a minimum of one (1) Class
2 or Class 3 tree from the Citv's qualified tree list, and other
landscaping material such as bushes and/or ground cover. The tree and
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landscaping material shall be maintained in living condition). One-half of
the trees shall have a minimum caliper of four (4) inches and one-half
shall have a minimum caliper of two inches. 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 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 6. Any person who shall knowingly, willingly, 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 $2,000.00. Each day of violation shall
constitute a separate offense.
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 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.
PASSED AND APPROVED on first reading this 4h day of February, 2008.
PASSED, APPROVED, and ADOPTED on second and final reading this 18ih day of
February,2008.
D id J. mith
Ma or
ATTEST: UOF
FR�EpO
K u� I A.
Melinda K. Welsh Deputy City Secretary
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