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Home My WebLink AboutOrdinance No. 2004-07 An ordinance amending the downtown overlay district requirements contained in the city's zoning ordinance to provide certain screening and barrier, architectural, and tree planting requirements. ORDINANCE NO. 2004-07 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 THEREFROM ALL OF SECTION 7.5 AND SUBSTITUTING THEREFOR A NEW SECTION 7.5; PROVIDING SCREENING AND BARRIER, ARCHITECTURAL, AND TREE PLANTING REQUIREMENTS FOR THE DOWNTOWN OVERLAY DISTRICT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACA 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 therefrom all of Section 7.5 and substituting therefor a Section 7.5 to provide as follows: "Section 7.5 Downtown Overlay District. 1. General purpose and description. The Downtown Overlay District (DOD) is intended to preserve the physical characteristics of the City of Friendswood in designated areas by promoting the safety, welfare, convenience and enjoyment of travel along these entryways; ensuring that signage is clear and appropriate to prevent needless clutter in appearance; providing for unified and orderly development; and promoting and aiding economic growth. The establishment of a DOD does not repeal the underlying zoning classification of property to which the DOD applies. The requirements of the DOD are in addition to the requirements of underlying zoning district. In the event of conflict between the requirements of the DOD and the underlying zoning classification, the requirement of the DOD shall apply. 2. Permitted uses. Permitted uses in the DOD shall be determined by the underlying zoning districts. ORD.2004-07 3. Boundaries. The area designated as DOD shall extend a minimum distance of the 200 feet from the street right-of-way or the rear of the property having frontage, whichever is less. 4. Area and height regulations. Area regulations shall be determined by the underlying districts, except that all front setbacks must be a minimum of 30 feet. 5. Sign regulations. Signs shall be permitted within the DOD 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 25 square foot reader board may be incorporated into the monument sign, in addition to the allowable 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. 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[:]. "View at ground level" shall mean the view from nublic walkways situated in the adioining rights 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 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- 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 ft from abutting rights of wav 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. ORD2004-07 7. Utilities. All permanent utilities serving the property shall be located underground, at owner's expense, unless required by the utility company to be otherwise located. 8.. Landscaping. The minimum requirements for areas within the DOD are as follows: a. All other landscaping requirements in other sections of the ordinance must also be satisfied. b. All parking areas adjacent to the buffer zone shall be screened with architectural and/or landscape materials. Shrubs used to screen parking areas shall be a minimum height of two feet when planted and �e maintain a maximum height of 3 foot 6 inches when matured. 9. Architectural elements. Garage bays, or other similar lar�e openings desi�ned for automotive or industrial work, or desi�ned for vehicles to drive into, may not face Friendswood Drive`within the Downtown Overlay District. This prohibition shall not include drive-throuEhs 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 must have (not includin� the roofl exterior claddin� on those portions of the building visible to the entrvway of wood, brick, masonry, stone, stucco, �lass or custom manufactured or custom desi�ned 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 on the site plan, specifications, which shall include elevation drawings, of proposed alternative materials, which meet or exceed the appearance and durability requirements above. [4. Garage bays or other similar large openings designed for automotive or industrial work, or designed for automobiles to drive into, may not face Friendswood Drive within the Downtown Overlay District. Provided, however, that this prohibition shall not include drive- ORD.2004-07 throughs such as are typically found at banks or fast food establishments.] 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 ar 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 (25'), with one-half having a minimum caliper of four inches (4") and one-half having a minimum caliper of two inches. Existing qualified trees may be counted toward fulfillment of this requirement provided that the size, species, and �uaranteed duration shall meet the criteria of the landscaping section of this ordinance. (Clusterin� of trees shall be permitted; qrovided however, clusterin� 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 2. 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 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, ORD.2004-07 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 2nd day of August,2004. PASSED,APPROVED, and ADOPTED on second and final reading this the 16rh day of August,2004. CITY OF FRIENDSWOOD, TEXAS v ' � �, � Kimball W. Brizendine Mayor ATTEST: � �� De oris McKenzie, TRMC City Secretary MOTION: COUNCILMEMBER LAURA EWING 2ND: COUNCILMEMBER MEL MEASELES APPROVED: 5-2 (Goza & Kimmel Opposed) ORD.2004-07