HomeMy WebLinkAboutOrdinance No. 2008-38 (Title: An ordinance amending the zoning ordinance of the City by providing for
additional minimum landscaping requirements for properties within the Community
Overlay District.)
ORDINANCE NO. 2008-38
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 7.5
"COMMUNITY OVERLAY DISTRICT" BY PROVIDING FOR
ADDITIONAL MINIMUM LANDSCAPING REQUIREMENTS;
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,1
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 Appendix C and the zoning
ordinance of the city, is hereby amended by amending Section 7.5, subsection 5 to read and
provide as follows:
"Section 7.5 Community overlay district.
5. Landscaping. The minimum landscaping requirements for areas within the COD shall be as
follows: I
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 feet when planted and shall be placed a maximum of two feet apart. Mature shrubs shall be
maintained in a live or living condition to form a continuous hedge with to a maximum height of
three feet six 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 (e.g., specific use permit or planned unit development)-., but instead to enhance
the aesthetics along the Citv's maior thoroughfares by requiring additional or higher percentages
of landscaping.
C. Parking lots within the COD containing 20 parking spaces or less, shall have open
landscaped areas that are equal to not less than 15% of the parking area and drives in the parking
area. The required area may be used as islands or perimeter landscaping or in any combination.
A minimum of one Class 1 or Class 2 tree from the Qualified Tree List shall be planted and
maintained for each 250 square feet or portion there of landscaped open space area.
i
d. Parking lots within the COD containing greater than 20 parking spaces shall have open
landscaped areas equal to 20% of the parking area and drives in the narking area. Fifty percent
of the required landscaped area must be used as islands. Perimeter landscaping shall have at
least one such tree for each 30 (40 lineal foot if not located in the COD) lineal foot or fraction
thereof. Each island shall have one such tree planted and maintained thereon.
e. If a buffer strip is required (along public rights of ways, or to separate uses per Section 8.I.),
the buffer shall be a minimum width of 15 feet, and shall contain not less than one tree, whether
existing or planted, for each 25 lineal feet or portion thereof. Each such tree shall have a caliper
of not less than 2 inches measured 18 inches above the natural ground level.
f. If, at any time, the required vegetation becomes diseased, deteriorated, or dies, the owner of
the premises must replace the vegetation within 90 days of written notice from the City.
g. The Commission may pprove an alternate equal or better landscape plan in the COD, after
giving due consideration to the intensity of the commercial use, the zoning classification, and,
adiacent land uses.
SECTION 2. 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 3. In the event any section, paragraph, subdivision, clause, phrase,provision,
i
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 of
provision hereof other any part or provision hereof other than the part declared to be invalid of
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.
Ord 2008-38 2
Y
PASSED,APPROVED on first reading this 20`h day of October,2008.
PASSED, APPROVED, and ADOPTED on second and final reading this the 3rd day
of November.2008.
Dav' 'th
Mayor
ATTEST:
VRIE&Z
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D Loris McKenzie,TRMC
City Secretary
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Ord 2008-38 3