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HomeMy WebLinkAboutOrdinance No. 2012-32 (Title: An ordinance adopting revisions to Appendix C "Zoning," Section 8, "Supplementary District Regulations" — "Downtown District Supplemental Requirements," - sidewalks, landscaping and related amenities.) ORDINANCE NO.2012-32 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, APPENDIX C - "ZONING," SECTION 8, "SUPPLEMENTARY DISTRICT REGULATIONS," SUBSECTION N., "DOWNTOWN DISTRICT SUPPLEMENTAL REQUIREMENTS," BY REVISING DISTRICT REQUIREMENTS, INCLUDING THOSE PERTAINING TO SIDEWALKS, LANDSCAPING, AND RELATED AMENITIES; PROVIDING A PENALTY FOR VIOLATION IN AN AMOUNT NOT TO EXCEED $2000, OR AS OTHERWISE PROVIDED BY LAW; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES j INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. i WHEREAS, the City Council of the City of Friendswood is continually reviewing the provisions of the City Code of Ordinances, specifically including Appendix C of the Friendswood City Code, ("Zoning Ordinance") relating to land use and other circumstances which generally impact the health, safety and well-being of residents, citizens and inhabitants! i i and WHEREAS, the City Council and the Planning and Zoning Commission of the City of Friendswood have studied the present provisions of the Zoning Ordinance and have determined i the need to revise and update the provisions related to the "Downtown District Supplemental Requirements" as hereafter referenced, to facilitate orderly growth and development of the City I, and the protection of the health, safety and welfare of the inhabitants of the City of Friendswood; and WHEREAS, the Planning and Zoning Commission of the City of Friendswood has conducted a public hearing, received input from staff and has issued its final report recommending the amendments referenced hereafter; and WHEREAS, the Planning and Zoning Commission and the City Council have conducted a joint public hearing in the time and manner required by law; and WHEREAS, City Council has determined that all public notices have been posted and published, all required hearings on this matter have been held, and that this Ordinance complies with the applicable provisions of the City Charter, City Code and all other applicable laws; now, I therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD; STATE OF TEXAS: SECTION 1. FINDINGS OF FACT. ` That the facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. SECTION 2. AMENDMENT TO THE FRIENDSWOOD CITY CODE, APPENDIX C, "ZONING", SECTION 8., "SUPPLEMENTARY DISTRICT REGULATIONS,', SUBSECTION N., "DOWNTOWN DISTRICT SUPPLEMENTAL REQUIREMENTS," BY REVISING DISTRICT REQUIREMENTS, INCLUDING THOSE PERTAINING TO SIDEWALKS, LANDSCAPING, AND RELATED AMENITIES. The City Code of Friendswood, Appendix C, "Zoning," Subsection 8., "Supplementary District Regulations," Subsection N. "Downtown District Supplemental Requirements," is hereby amended and revised as follows: "N. Downtown District supplemental requirements. These supplemental requirements shall apply only to new developments within the Downtown District or where a structure in the district has lost its nonconformity. A new development shall be defined as any new project built on a raw or otherwise vacant tract or tracts of land, not associated with an existing structure. A structure shall be deemed to have lost its nonconformity as determined by Appendix C, Subsection 6.1). Ord 2012-32 2 1. Geographic limits. The geographic limits of the Downtown District are as shown on the Downtown District Map. All properties within these geographic limits may rezone to downtown zone. Those properties outside the geographic limits may not rezone to the downtown zone. 2. General purpose and description. The Downtown District (DD) is intended to create a mixed use environment based on traditional neighborhood and smart growth standards. It is designed for physical flexibility with zero setbacks and allows for the redevelopment of small, existing tracts. The encouragement of a pedestrian friendly environment is established by allowing shared parking and on- street parking, as well as sidewalks and street furnishing. 3. Parking. a. Off-site parking shall be allowed if within one block of the development. For purposes of this subsection, one block shall constitute no less than 300 linear feet and no more than 1,200 linear feet. b. Shared parking areas shall be allowed. i C. Shared access agreements shall be required between adjacent developments. d. On-street parking shall be in accordance with subsection F.I.C., shown previously in this ordinance. e. Development plans shall indicate how freight and goods will be delivered. f. Development plans shall show the design and layout offl for all parking. Documentation shall be provided to verify authority for all shared or offl site parking. g. All such required documentation shall be presented before a developmen plan is approved. 4. Architectural standards. a. The portion of each structure that will be visible to the general public shall be of a masonry material, glass and/or cement-based wood substitutes Other architectural materials of similar or higher quality may be substituted upon approval of the planning and zoning commission. The planning and zoning commission may request a recommendation of the city engineer for nonstandard materials. b. Fenestration shall mean the openings in a wall such as doors and windows, to include faux windows whether transparent or not. Such windows may Ord 2012-32 3 be inoperative but must be framed as a window and otherwise appear to be a window. Painted openings would not be counted in fenestration calculations. Fenestration along front or other facades visible to the public, shall be as follows: (1) Walls visible to the public shall have windows and or doors (i.e., no blank walls allowed). (2) Not less than 40 percent fenestration shall be provided for all ground floor primary facades (front or side) that face a public right-of-way. I (3) Not less than 25 percent fenestration shall be provided for any facade (upper floors and those,not facing a public right-of-way. C. Awnings and canopies are allowed upon approval of the planning and zoning commission. d. Fenestration calculations: (1) Area of primary wall (front or side) facing ROW x 40 percent = minimum fenestration; (2) Area of upper floor or floor not facing ROW x 25 percent = minimum fenestration. 5. Screening. Mechanical equipment, such as roof top equipment, compressors; refrigeration units and trash enclosures, and other nonpublic service areas that are visible from a public area, 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 public walkways situated in the adjoining rights-of-way or from vehicular traffic in the first two traffic lanes in the bordering street or streets. 6. Sidewalks. Each development shall provide a minimum 15-foot-wide parkway, adjacent to the street right-of-way. [lines of FI% I On FM 2351 and FM 518, the parkway must contain [with] an unobstructed brick paved sidewalk, as described in Appendix E of the Design Criteria Manual, at least eight feet wide and a seven-foot-wide landscape area. On [Aladjacent side streets the parkway must contain [shall provide a . . an 15 foet wide par-leway adjacent to the right of way line of eaeb r-eadway, with] an unobstructed brick paved sidewalk, as described in Appendix E of the Design Criteria Manual, at least six feet wide and a nine- foot-wide landscape area. Ord 2012-32 4 Sidewalks shall be within the street right-of-way and adjacent to the right-of-way lines[,] and built in accordance to the Design Criteria Manual, Appendix E Downtown District Amenities. If the sidewalks cannot be placed wholly within the right-of-way and must be placed on [ ] private property, easements of the appropriate width shall be required [for- sidewalks that for whatever-reason eannot be pliteed wholly in the right of wayl. a. The landscape area, which runs parallel and adjacent to each street's back of curb, shall be reserved for amenities such as street furniture, lighting and [ei'] landscaping. This area may be grass, brick pavers[, stamped eonerete;] or other decorative material as approved by the Planning and Zoning Commission. Trees shall be provided every 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 groundcover 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 inches and one-half shall have a minimum caliper of two 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. Amenities shall be provided in accordance with the Design Criteri Manual, Exhibit E Downtown District Amenities. A minimum of two lights and two benches are required within the landscape area of each development as provided for in Section 6.a. above. All provided amenities shall be permanently maintained by the property owner, including the paved sidewalks. C. Other sidewalk, landscape and amenity designs adjacent to FM 2351 and FM 518 and adjacent 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 alternatives) sidewalk is not narrower than six 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 Ord 2012-32 5 (iii) Equal or better design amenities than otherwise required herein." SECTION 3. INCORPORATION INTO THE CODE, PENALTY CLAUSE. This Ordinance is hereby incorporated and made a part of the Friendswood City Code of Ordinances. Violation of this Ordinance is subject to the penalty provisions contained in such Code under Section 1-14 "General penalty for violations of Code; continuing violations", and as otherwise provided by law. 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 thereof, shall be fined in an amount not to exceed $2,000.00. Each day of, violation shall constitute a separate offense. SECTION 4. REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are hereby expressly repealed. SECTION 5. SEVERABILITY. 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. SECTION 6. NOTICE. The City Secretary shall give notice of the enactment of this Ordinance by promptly publishing it or its descriptive caption and penalty after final passage in the official newspaper of the City; the Ordinance to take effect upon publication. Ord 2012-32 6 u PASSED AND APPROVED on first reading this 5M day of November,2012. PASSED, APPROVED, AND ADOPTED on second and final reading this 3rd day of December, 2012. Kevin H lat d Mayor I ATTEST: y n •�y OF FR/ . .. Melinda Welsh, TRMC • '•.OF TEXP••'. Ord 2012-32 7