HomeMy WebLinkAboutOrdinance No. 2008-08 (Title: An ordinance amending the zoning ordinance of the City by amending the
regulations governing the Downtown Zoning District by providing an alternative to the
minimum sidewalk requirements; and providing other matters relating to the subject.)
ORDINANCE NO.2008-08
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 8 (N), SUBSECTION 6 TO
PROVIDE AN ALTERNATIVE TO THE MINIMUM SIDEWALK
REQUIREMENT; 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,J
STATE OF TEXAS: '
SECTION 1. City of Friendswood, Texas, Ordinance No. 84-15, as amended, is hereby!
further amended by amending Appendix C. Zoning, Section 8, Subsection N, Paragraph 6 to read
and provide as follows:
"N. Downtown District Supplemental requirements.
I
6. Sidewalks. Each development shall provide a minimum fifteen (15) -foot wide
sidewalk sidewalkalk along e.,eh adjacent _,..,a...,... right of..&y Parkway adiacent to the
right-of-way lines of FM 2351 and FM 518, with a Paved sidewalk at least eight (81
feet wide and a seven (7) foot wide landscape area. Adiacent side streets shall
provide a minimum fifteen (15) -foot wide parkway adjacent to the right-of-way line
of each roadway,with a paved sidewalk at least six (6) wide and a nine (9) foot wide
landscape area. Sidewalks shall be within the street right-of-way and adjacent to
the right-of-way lines, and easements on private Property of the appropriate width
shall be required for sidewalks that for whatever reason cannot be placed wholly in
the right-of-way. Sidewalks and sidewalk easements shan he required where heada. :
parking does not lem,e efieugh area-fA--r wmemitiems and- sideymUEs in the right of way.
An afea F..r. Fos in depth «d ravel and ad:aee«t to eaoh
e r.
ad:aee«t roadway right of way, measured f.em the haek of e«rh shall he e led for- amenities s .eh f a street .m:tuFe' lighting or landscaping This—area may be grass, briek pavers, stamped eenefete, or othe-
tree well shell he provided every 25 linear feet Eaeh well shall ee«ta:« a
mininium of one !1\ Class 2 or bless 2 tree F em she Gi ,'s qualified tree
list, and other- landseaping ma4erial suoh as bushes anWer ground eover,
The 4fee and landseaping material shall be maintained in li,4ng eonditieO
One half of the trees shall he..e s minimumsnn«er of four:«ehes and one-
half shall aven ea half ell have inch Ex sfin qualified t..ees
.iaa er o twe es g
may he eounted toward R.lfillme«t of this reo..:reme«t provided that the
sine, ea «d guaranteed duration shall meet the r:teiia of the
-
an ter.:«.. f trees shall he
landSeapin� SBetien e�his�Fdinanee�as���:g-o���� s.,m--o�
per«s aced• «re..:ded ho...eyer el«ster:«e shell not red..ee she number eF
P ' '
required trees and trees shall not he elvssered s s so lessen the s .al
rate of thrttrce�7
a. The landscape area, which runs parallel and adiacent to each street's
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. Trees shall be
provided every twenty-five (25) linear feet. Trees used in the
landscape areas shall be Class 2 or Class 3 trees from the City's
qualified tree list, and other landscaping material such as bushes
and/or ground cover may be used. The tree and 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 (2) 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.)
b. Other sidewalk, landscape and amenity designs adiacent to FM 2351 and
FM 518 and adiacent side streets specific to the site or the function of the
development may be presented and may be approved by the City Staff if
it determines that the proposed alternative(s) sidewalk is not narrower
than six (6) feet and provide(s), respectively, (i) equal or better pedestrian
access to and along the development property, (ii) equal or enhanced
landscape beautification for the development, or (iii) equal or better
design amenities than otherwise required herein.
Ord 2008-08 2
Section 2. Any person who shall willfully, intentionally, 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 3. 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 3'd day of March,2008.
PASSED AND APPROVED on second reading this 21't day of April,2008.
PASSED, APPROVED, and ADOPTED on second, second and final reading this
19" day of Ma
1,2008.
Davi J. H. Smith
Mayor
ATTEST
C� pRlEpQB
Del, Mc e,TRMC ,
City Secretary
Ord 2008-08 3