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HomeMy WebLinkAboutOrdinance No. 2004-11 ' , ' . , r.�,., , • � . Title: An ordinance amending the zoning ordinance of the city by allowing used car dealers in districts CSC, OBD, and PUD pursuant to a specific use permit, creating a new use category for amusement and recreation industries not otherwise described, which shall be allowed in districts LI and I only pursuant to a specific use permit, removing the parking requirements related to specific land uses from the zoning ordinance, and making the parking requirements for such land uses a part of the Design Criteria Manual. ORDINANCE NO. 2004-11 AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER, 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY PROVIDING IN THE PERMITTED USE TABLE CONTAINED IN SECTION 7-P THEREOF THAT THE USES DESCRIBED IN CATEGORY 44112, ENTITLED "USED CAR DEALERS," MAY BE ALLOWED IN THE COMMUNITY SHOPPING CENTER ("CSC"), ORIGINAL BUSINESS DISTRICT ("OBD"), AND PLANNED iJNIT DEVELOPMENT ("PUD") DISTRICTS PURSUANT TO A SPECIFIC USE PERMIT, AND BY ADDING TO SAID PERMITTED USE TABLE A NEW USE CATEGORY 713990, ENTITLED "ALL OTHER AMUSEMENT AND RECREATION INDUSTRIES", WHICH USE MAY BE ALLOWED IN THE LIGHT INDUSTRIAL ("LI") AND INDUSTRIAL ("I") DISTRICTS PURSUANT TO A SPECIFIC USE PERMIT; BY DELETING THE OFF- STREET PARKING REQUIREMENTS FROM SECTION 7-P, SUBSECTION 2 THEREOF, AND FROM SECTION 8, SUBSECTION F, SUBPARAGRAPH 1 THEREOF; AND BY ADDING A SENTENCE TO SECTION 8, SUBSECTION F, SUBPARAGRAPH 1 THEREOF, REQUIRING OFF-STREET PARKING REQUIREMENTS TO COMPLY WITH THE RECOMMENDED GUIDELINES OF THE CURRENT DESIGN CRITERIA; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT; 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 adopted the 19�' day of November 1984, same being Appendix C of the Friendswood City Code, and same also being the Zoning Ordinance of the City, is hereby amended by adding to the Permitted Use Table contained in Section 7-P thereof the designation of "S" under the CSC, OBD, and PUD district classifications applicable to use category 44112, "Use Car Dealers," as depicted on Exhibit"A" attached hereto and made a part hereof for all purposes. Section 2. Said City of Friendswood, Texas, Ordinance No. 84-15, as amended, is hereby further amended by adding to the Permitted Use Table contained in Section 7-P thereof a new use category, to be numbered 713990, to be entitled "All Other Amusement and Recreation Industries," and to which the designation of"S"under the LI and I district classifications shall be applicable, as depicted on Exhibit"A" attached hereto and made a part hereof for all purposes. Section 3. Said City of Friendswood, Texas, Ordinance No. 84-15, as amended, is hereby further amended by striking from the second sentence of Section 7-P, Subsection 2, setting forth parking requirements as stated in the "Parking Group" column and requiring compliance with all of the requirements specified in the section or sections whose number appears in the "Special Conditions" column opposite the permitted use as follows: P. Permitted uses 2. Permitted use table. The permitted uses in each specific zoning district are shown by means of symbols in the permitted use tables on the following pages. The letter "P" in the zoning district column opposite the listed permitted use means the use is permitted as a use of right in that district [subject to (1) providing of off street parking the amounts required by reference to the "Parking Group" column, and (2) subject to compliance with all of the requirements specified in the section or sections whose number appears in the "Special Conditions" column opposite the permitted use.] The letter "S" in the zoning district column opposite the permitted use means the use is permitted in that zoning district only after [(1) providing off street parking in the amounts required by reference to the "Parking Group" column, (2) subject to compliance with all of the requirements specified in the section or sections whose number appears in the "Special Conditions" column opposite the permitted use and] obtaining a specific use permit as set forth in section 9-G. No primary use shall be permitted in any district unless the letter "P" or the letter "S" appears opposite the listed permitted use. The letter "O" in the OPD zoning district means that the permitted use is for office functions only. Parking requirements are in Section 8-F. Section 4. Said City of Friendswood, Texas, Ordinance No. 84-15, as amended, is hereby further amended by striking from the title of Section 8-F, Subsection 1, and adding a new 2 � , ' �.� �. � . title "Purpose"; by adding a new sentence to Subsection 1 of Section 8-F as follows; by striking the parking requirements contained in Subparagraphs a through g of Subsection 1 of Section 8-F, as follows: F. Off-Street parking and loading regulations. 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 of use of land. Specific �uidelines re ag rding recommended off-street parkin�spaces and parking lot geometrics shall comply with the requirements of the current Desi�n Criteria. [a. Required offstreet parking spaces shall be located on the same lot, tract, parcel, or premises as the use being served or on other property of the same or less restrictive zoning classification that the owner of the premises being served has a continuing right to use for parking. When the required offstreet parking spaces are not located on the same lot, tract, parcel, or premises being served, the distance from the center of the parking lot to an entrance to the building or use shall not exceed 500 feet in distance, measured along the shortest available pedestrian route with public access. b. Any existing building or use that is enlarged, structurally altered, or remodeled to the extent of increasing or changing the use by more than 50 percent as it existed at the effective date of this ordinance shall be accompanied by offstreet parking for the entire building or use in accordance with the offstreet parking regulations set forth in this section. When the enlargement, structural alteration, or remodeling is to the extent that the use is not increased or changed by more than 50 percent, additional offstreet parking shall only be required for the increased or changed floor area or use. c. Existing parking spaces may not be used to satisfy additional offstreet parking requirements of this section unless the existing spaces proposed for use in meeting the requirements of this section exceed the number required for the building or use for which the existing spaces are associated. All parking associated with a building or use from which the spaces are drawn must meet all requirements of this ordinance. 3 d. The number of offstreet parking spaces required for each building ar use shall be determined by reference to the following table of parking groups. Parking groups are identified for each building or use in section 7-P. Where several different property uses will share a joint parking area, the parking requirements shall be computed based upon the overall development. Shopping centers containing not more than 200,000 square feet of gross leasable floor area shall have a minimum of six spaces per 1,000 square feet of gross leasable floor area. Shopping centers containing more than 200,000 square feet of gross floor area shall have a minimum of 5.5 spaces per 1,000 square feet of gross leasable floor area. [e. Parking group table.] PARKING GROUP TABLE Parking Required Number Offstreet Parking Spaces Group 1 1 space for each dwelling unit. 2 1�/Z spaces for each dwelling unit. 3 2 spaces for each dwelling unit. 4 2 1/2 spaces for each trailer unit. 5 1 space for each trailer space. 6 4 spaces on the largest shift, or 1 space per 600 square feet of gross floor area, whichever is greater. There shall at least be a minimum of 2 spaces. 7 3 spaces for each 5 employees on largest shift, or 1 space per 600 square feet of gross floor area. 8 4 spaces for each 5 employees on largest shift, or 1 space per 1,000 square feet of gross floor area, whichever is greater. 9 1 space for each employee plus 3 reservoir spaces for each washing stall. 10 1 space for each employee plus 5 reservoir spaces per washing conveyor. 11 1 space for each employee plus 1 space for each bay. 12 1 space for each 100 square feet of gross floor area. 13 1 space for each 200 square feet of gross floor area. 14 1 space for each 300 square feet of gross floor area. 14a 1 space far each 400 square feet of gross floor area. 15 1 space for each 500 square feet of gross floor area. 16 1 space for each 1,000 square feet of gross floor area. 17 1 space for each 300 square feet of gross floor area or one space for each 40 square feet of auditorium, whichever is greater. 4 18 1 space for each 4 seats in largest auditorium, or 1 space for each 800 square feet of gross floor area, whichever is larger. 19 1 space for each 400 square feet of gross floor area, minimum of 5 spaces. 20 1 space for each 1,000 square feet of nonoffice floor area plus 1 space for each 300 square feet of office area. 21 1 space for each 50 square feet of gross floor area (a minimum of 15 spaces) plus a 5-space reservoir. 22 1 space for each 1,000 square feet of lot area. 23 1 space for each 2,000 square feet of lot area. 24 1 space for each 5,000 square feet of lot area. 25 1 space for each 4 seats. 26 1 space for each 4 seats or 1 space for each 50 square feet of customer service area, whichever is greater. 27 1 space for each 2 occupants. 28 1 space for each 1 1/2 beds. 29 1 space for each 3 beds. 30 1 space for each teacher and staff person. 31 1 space for each 4 students. 32 4 spaces for each alley. 33 50 spaces for each 9 holes. 34 1 space for each driving tee. 35 15 spaces for each 9 holes. 36 4 spaces for each court. 37 2 spaces for each 100 square feet of water area. 3 8 1 space for each bay plus 1 space for each pump island, minimum of 6 spaces. 39 1 space for each 6 machines. 40 1 space for each employee. f. The design and dimensions of offstreet parking areas shall be in accordance with the following table of minimum dimensions. Minimum stall widths shall be nine feet, except for residential and all-day office parking which may utilize stalls 8 1/2 feet in width, provided that minimum aisle widths are increased by one foot. In addition, the dimensions of up to 20 percent of the total number of offstreet parking spaces may be reduced to eight feet in width and 16 feet in depth to accommodate compact automobiles. All dimensions below are in feet. 5 Angle (degrees) O° 30° 45° 60° 90° Stall, parallel to aisle 23.0 18.0 12.7 10.4 9.0 Stall, perpendicular to aisle 9.0 16.5 19.0 20.0 18.0 Aisle width, one-way 12.0 12.0 12.0 16.0 24.0 Aisle width, two-way 22.0 22.0 22.0 24.0 24.0 Cross aisle, one-way 11.0 11.0 11.0 11.0 11.0 Cross aisle, two way 22.0 22.0 22.0 22.0 22.0 g. Offstreet parking spaces shall be clearly marked. Parking spaces abutting an adjoining property line or street right-of-way shall be provided with wheel guards or bumper guards so located that no part of a normally parked vehicle will extend beyond the property line. When wheel guards are used, they shall be centered 2.5 feet from the property line for 90-degree parking, 2.3 feet for 60-degree parking, and 2.0 feet for 45-degree and 30-degree parking.] [h.] a. Approval of the parking area layout and design of all offstreet parking areas shall be by the city engineer. The city engineer shall determine that spaces provided are usable, and that the circulation pattern of the area is adequate. [i.] b. Bonus for landscaping of offstreet parking facilities. The minimum offstreet parking requirements shall be reduced up to a maximum of 50 percent of the requirement where an equal percent of the total parking area has been retained and developed as landscaped open space area. The percent of the landscaped open space area shall determine the maximum percent reduction which will be permitted in the total number of offstreet parking spaces. Section 5. Any person who shall 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 6. All ordinances ar parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. Section 7. 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 6 . . , , • x..a .�. . ' . 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 ar more parts. PASSED, APPROVED on first reading this 19th day of Julv , 2004. PASSED, APPROVED, and ADOPTED on second and final reading this the 2nd day of A„�„�t , 2004. T CITY OF FRIENDSWOOD, TEXAS .l - ^ ` �i Kimball W. Brizend ne Mayor ATTEST: � �� Deloris McKenzie, TRMC City Secretary N10TION: Councilmember David Smith 2ND: Councilmember Tracy Goza APPROVED: Unanimously 7 SFR& MFR- MFR-L 1997 NAICS SFR-E GHD 112 sed Car Dealers Exhibit A Ordinance No. 2004-11 CSC NC S OPD OBD PU] p S S A-1 Ll I BP P P S I S