HomeMy WebLinkAboutOrdinance No. 2013-11 (Title: An ordinance adopting revisions to Appendix C "Zoning," Section 8, "Supplementary Distri It
Regulations," Subsection N. "Downtown District Supplemental Requirements," Subpart 4 "Architectural
Standards" regarding exterior tagade requirements.)
ORDINANCE NO.2013-11
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," SUBPART 4
"ARCHITECTURAL STANDARDS," BY REVISING,
ADDING AND UPDATING EXTERIOR FACADE
REQUIREMENTS FOR SUCH DISTRICT; PROVIDING A
PENALTY FOR VIOLATION IN AN AMOUNT NOT TO
EXCEED $2000, OR AS OTHERWISE PROVIDED BY
LAW; REPEALING ALL ORDINANCES OR PARTS OF j
ORDINANCES 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;,
and
WHEREAS, the City Council and the Planning and Zoning Commission of the City of,
i
Friendswood have studied the present provisions of the Zoning Ordinance and have determined,
the need to revise, add, and update exterior facade requirements for the Downtown District, as
hereafter referenced, to facilitate orderly growth and development, delineate building materials
for the maintenance of property values, and the protection of the health, safety and welfare of the
�� public; 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, 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,"I
SUBPART 4 "ARCHITECTURAL STANDARDS".
The City Code of Friendswood, Appendix C, "Zoning," Section 8, "Supplementary'
District Regulations," Subsection N., "Downtown District Supplemental Requirements," Subpart
4. "Architectural Standards,"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).
I. 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.
Ord 2013-11 2
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.
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 for all parking.
Documentation shall be provided to verify authority for all shared or off-site
parking.
g. All such required documentation shall be presented before a development plan is
approved.
4. Architectural standards. l
a. Buildings in the DD zoning district shall have exterior cladding of brick,!
[weed,] masonry, stone, stucco, or glass. Fiber cement boards/siding arel
prohibited, except as trim for eves and overhangs. The Planning and Zoning
Commission may approve alternative exterior facade materials. IT-he peAien e i
eaeh s4tiettife that 411 be visible to the generalf publ:e shall be o e
I
material, glass and/or- a e...4 based wood substitutes. Other- a rehiteet..,..,1 Riaterial_i
F similar r higher quality ffiay be .. stituted el f he planning afid
b
reeemm,...d tien of the e:ty engineer for-nenstan.l.,...1 .n..tef;el.. ]
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 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.
(3) Not less than 25 percent fenestration shall be provided for any facade (upper
floors and those not facing a public right-of-way.
Ord 2013-11 3
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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.
(i) Each development shall provide a minimum 15-foot-wide parkway adjacent to the,
street right-of-way. On FM 2351 and FM 518, the parkway must contain 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.
(ii) On adjacent side streets the parkway must contain 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.
(iii) Sidewalks shall be within the street right-of-way and adjacent to the right-of-wayi
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.
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
landscaping. This area may be grass, brick pavers 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.)
Ord 2013-11 4
b. Amenities shall be provided in accordance with the Design Criteria 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 subsection 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 alternative(s) 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
(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 arei
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.
Ord 2013-11 5
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.
PASSED AND APPROVED on first reading this 15t day of Aaril, 2013.
PASSED, APPROVED, and ADOPTED on second and final reading this 6ch day of
May,2013.
Kevin M. 11
Mayor
ATTEST:
/� '�FRIEIy•
Melinda Welsh, TRMC O
City Secretary ' U ;p
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Ord 2013-11 6