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HomeMy WebLinkAboutOrdinance No. 2004-08 An ordinance amending the entryway overlay district requirements contained in the city's zoning ordinance to provide certain screening and barrier, architectural, and tree planting requirements. ORDINANCE NO. 2004-08 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 DELETING FROM SUBSECTION R OF SECTION 7 THEREOF ALL OF PARAGRAPHS 5, 6, 8, AND 9 AND SUBSTITUTING THEREFOR NEW PARAGRAPHS 5, 6, 8, AND 9; PROVIDING SCREENING AND BARRIER, ARCHITECTURAL, AND TREE PLANTING REQUIREMENTS FOR THE ENTRYWAY OVERLAY DISTRICT; 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 also being the zoning ordinance of the City, is hereby amended by striking from Subsection R of Section 7 thereof all of paragraph 5 and substituting therefor a new paragraph 5 to provide as follows: 5. Sign regulations. Signs shall be permitted within the EODs according to the Sign Ordinance of the City of Friendswood. However, only monument style signs shall be permitted[in the landscape/buffer area (see paragraph 8)]. A twenty-five (25) square foot reader board may be incorporated into the monument sign, in addition to the allowable fifty (50) square-feet, but no portable signs will be permitted on site if a reader board exists. Monument style signs should also be compatible with the architectural style of the building(s) located on site. Section 2. Said City of Friendswood, Texas, Ordinance No. 84-15, as amended, is hereby further amended by striking from Subsection R of Section 7 thereof all of paragraph 6 and substituting therefor a new paragraph 6 to provide as follows: 6. Screening. The following uses when located at the front or sides or on the main structure 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 at �round level" shall mean the view from public walkways situated in the adioinin� ri�hts-of-wav or from vehicular traffic in the first two traffic lanes in the borderin�street or streets. 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; and g. Detention ponds*. 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 above mentioned activities be closer to the street than the thirty (30) foot setback line. *If detention ponds are part of the landscaping plan, screening would not be necessary. Ponds mav be located no closer than 10 feet from abuttin� rights of way if the pond serves the subiect property only. ** Berms used for any type of screening will be limited to a height of three (3) feet above finished grade at property line (not including detention facilities) and must be landscaped. Section 3. Said City of Friendswood, Texas, Ordinance No. 84-15, as amended, is hereby further amended by striking from Subsection R of Section 7 thereof all of paragraph 8 and substituting therefor a new paragraph 8 to provide as follows: 8. Landscaping. The minimum requirements for areas within the EOD are as follows: a. Properties with frontage along the entryway shall provide a minimum of (10) foot wide landscaped buffer along the entire length of the lot. b. Reserved. c. All parking areas adjacent to the buffer zone shall be screened with architectural and/or landscape materials. Shrubs used to screen parking areas should be a minimum height of two (2) feet when planted and maintain a mazimum hei�ht of 3 foot 6 inches when matured. Section 4. Said City of Friendswood, Texas, Ordinance No. 84-15, as amended, is hereby further amended by striking from Subsection R of Section 7 thereof all of paragraph 9 and substituting therefar a new paragraph 9 to provide as follows: 9. Architectural elements. Gara�e bays, or other similar large openings designed for automotive or industrial work,or designed for vehicles to drive into, shall not face FM 2351, FM 518 and FM 528 within the Entry Overlav District. This prohibition shall not include drive- throughs typically found at banks or fast food establishments. a. Commercial.� 1. [Commercial developments must have facades of wood, brick, masonry, stone, stucco, glass or architectural metals such as copper or bronze] Commercial developments shall have (not including the roofl egterior cladding on those portions of the buildin� visible to the entryway of wood, brick, masonry, stone, stucco, �lass or custom manufactured or custom designed metals. 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, that in the case of both subparagraphs, 1. and 2. above, an applicant may present to the Commission [and Council] on the site plan, specifications, which shall include elevation drawings, of proposed alternative materials, which meet or exceed the appearance and durability requirements above. b. Residential: 1. Residential developments not facing the entryway 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 [five (5)] ten 10 feet. Various materials may be utilized, including landscaped earth berms,provided the materials are durable and require low maintenance. All barriers are required to be maintained by the property owner or a Home Owners Association set up for such purposes and filed of record. Subdivision plats submitted for residential property along the entryway corridors shall include detailed information and visual representations of the proposed barrier, and such other information as the Commission may reasonably determine to be necessary. 2. Trees shall be planted adjacent to the barrier on the entryway side at intervals of twenty-five feet ��, with one-half having a minimum caliper of four inches � and one-half having a minimum caliper of two inches � Ezistin� qualified trees mav be counted toward fulfiWnent of this requirement provided that the size, snecies, and �uaranteed duration shall meet the criteria of the landscapin�section of this ordinance. (Clusterin� 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 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. 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 the 2°d day of Au ust,2004. PASSED,APPROVED, and ADOPTED on second and final reading this the 16th day of Au�ust,2004. CIT OF FRIENDSWOOD, TEXA'S � c. � v imball W. Brizendine Mayor ATTEST: . � e Deloris McKenzie, TRM City Secretary MOTION: COUNCILMEMBER JERRY ERICS50N 2ND: COUNCILMEMBER MEL MEASLES APPROVED: 5-2 (Goza & Kimmel Opposed)