HomeMy WebLinkAboutOrdinance No. 2013-10 ! } (Title:An ordinance adopting revisions to Appendix C"Zoning,"Section 7.5,"Community Overlay District,"
/ Subsection 6,"Architectural Elements,"Subpart A."Commercial," regarding exterior fagade requirements.) i
ORDINANCE NO. 2013-10
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXAS, APPENDIX C — "ZONING," SECTION 7.5,
"COMMUNITY OVERLAY DISTRICT," SUBSECTION 6.,
"ARCHITECTURAL ELEMENTS," SUBPART A.,
"COMMERCIAL," 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 ORDINANCES
INCONSISTENT OR IN CONFLICT HEREWITH; AND
PROVIDING FOR SEVERABILITY.
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
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 Commercial Overlal
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
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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 7.5, "COMMUNITY OVERLAY DISTRICT," SUBSECTION 6.
"ARCHITECTURAL ELEMENTS," SUBPART A., "COMMERCIAL.
The City Code of Friendswood, Appendix C, "Zoning," Section 7.5 , "Community
Overlay District," Subsection 6, "Architectural Elements," Subpart A. "Commercial," is hereby
amended and revised as follows:
"Section 7.5 - Community Overlay District.
1. General purpose and description. The Community Overlay District("COD") is intended
to preserve and enhance the physical characteristics of the City of Friendswood along its
entryways and in the downtown area by promoting the safety, welfare, convenience, and
enjoyment of travel along these roads;providing for unified and orderly development;
and promoting and aiding economic growth. The establishment of a COD does not repeal
the underlying zoning classification of property to which the COD applies. The
requirements of the COD are in addition to the requirements of the underlying zoning
district, with the exception of the Downtown District. The COD does not apply to the
DD. The DD is subject to Supplementary Regulations and the DD geographic limitations
as shown on the Official Zoning Map. The COD includes the following thoroughfares:
FM 2351 from Friendswood City Limit to Friendswood City Limit,FM 518 from the
Friendswood City Limit to the Friendswood City Limit, FM 528 from Friendswood City
Ord 2013-10 2
Limit to Friendswood City Limit, Friendswood Lakes Blvd. (also known as Brittany Bay)
,- from Friendswood City Limit to Friendswood City Limit, Bay Area Blvd., from
Friendswood City Limit to FM 528.
2. Boundaries. The boundary of the COD shall be parallel to the thoroughfare right-of-way
to include nonresidential properties within 300 feet from the right-of-way. If any portion
of such property is within 300 feet,the entire tract is subject to the COD requirements.
3. Screening. The following uses 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 from 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 streets of the COD.
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 not otherwise preempted from regulation
by applicable law or regulation;
g. Detention ponds*; and
h. Garage bays fronting on the thoroughfares described in subsection 1.
above.
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, inI
no case shall any of the above-mentioned activities be closer to the street than the setback
line.
*If detention ponds are part of the landscaping plan, screening would not be necessary.
Ponds may be located no closer than ten feet from abutting rights-of-way if the pond
serves only the subject property.
** Berms used for any type of screening shall be limited to a height of three feet above
finished grade at the front property line (not including detention facilities), and shall be
landscaped.
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4. Utilities. All permanent utilities serving the property shall be located underground, at
owner's expense.
5. Landscaping. The minimum landscaping requirements for areas within the COD shall be,
as follows:
a. All landscape buffers shall be provided with architectural and/or landscape
materials to screen structures, facilities, drive areas,parking areas, etc.
Ord 2013-10 3
Shrubs shall be a minimum height of two feet when planted and shall be
placed a maximum of two feet apart. Mature shrubs shall be maintained in I
a live or living condition to form a continuous hedge with a maximum
height of three feet six inches.
b. Nothing contained in this subsection 5., shall be deemed to reduce
applicable landscaping requirements contained in other sections of this
Code, or any ordinance specifically applicable to a development(e.g.,
specific use permit or planned unit development), but instead to enhance
the aesthetics along the City's major thoroughfares by requiring additional
or higher percentages of landscaping.
C. Parking lots within the COD containing 20 parking spaces or less, shall
have open landscaped areas that are equal to not less than 15 percent of the
parking area and drives in the parking area. The required area may be used
as islands or perimeter landscaping or in any combination. A minimum of
one Class 1 or Class 2 tree from the Qualified Tree List shall be planted i
and maintained for each 250 square feet, or portion thereof landscaped
open space area.
d. Parking lots within the COD containing greater than 20 parking spaces
shall have open landscaped areas equal to 20 percent of the parking area
( and drives in the parking area. Fifty percent of the required landscaped
area must be used as islands. Perimeter landscaping shall have at least one
such tree for each 30 (40 lineal feet if not located in the COD) lineal feet
or fraction thereof. Each island shall have one such tree planted and
maintained thereon.
C. If a buffer strip is required (along public rights of ways, or to separate use
per subsection 8.1.), the buffer shall be a minimum width of 15 feet, and
shall contain not less than one tree, whether existing or planted, for each
25 lineal feet or portion thereof. Each such tree shall have a caliper of not
less than two inches measured 18 inches above the natural ground level.
f. If, at any time, the required vegetation becomes diseased, deteriorated, or
dies,the owner of the premises must replace the vegetation within 90 day
of written notice from the city.
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g. The Commission may approve an alternate equal or better landscape plan
in the COD, after giving due consideration to the intensity of the
commercial use,the zoning classification and adjacent land uses.
6. Architectural elements. Garage bays or other similar large openings designed for
automotive or industrial work, or designed for vehicles to drive into, shall not front a
COD thoroughfare unless screened with architectural or landscaping materials as outlined
under subsection 3. above. This prohibition shall not include drive-throughs such as are
Ord 2013-10 4
typically found at banks or fast food establishments. In the event that COD requirements
overlap at intersections, architectural requirements regarding garage bays shall apply only
to the frontage on one street as designated on the site plan.
a. Commercial:
(1) Commercial developments shall have exterior cladding [en those
thoroughfare,1 of
[weed,] brick, masonry, stone, stucco or glass on all sides of the
building. Fiber cement boards/siding are prohibited, except as
trim for eves and overhangs. These exterior facades, as well as
the roof, shall be limited to earth tone colors. Color samples
shall be submitted and approved as a part of the commercial
site plan. The Planning and Zoning Commission may approve
alternative exterior facade materials.
(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. Cyclone fences are prohibited, except
under limited circumstances, the Commission may approve a
vinyl coated cyclone fence.
(3) Provided however, notwithstanding subsections (1) and (2) above,
an applicant may present to the planning and zoning commission,
on the site plan, specifications which include elevation drawings o�
proposed alternative materials. The planning and zoning
commission may approve such alternative materials if they meet or
exceed the appearance and durability requirements above.
b. Residential:
(1) Residential developments not facing a COD thoroughfare shall be
required to install a visual barrier to a minimum mature height of
six feet as measured from the finished grade. The barrier shall be
set back from the street right-of-way line by a minimum of ten
feet.Various materials may be utilized, including landscaped earth
berms,provided the materials are durable and require low
maintenance. All barriers shall be maintained by the owner of the
property on which such barrier is located, or by a Home Owners
Association. If a home owners association is to provide such
maintenance,the obligations therefore shall be set forth in writing,
and filed of record in the same manner that other restrictive
covenants are filed. Subdivision plats submitted for residential
property along a COD corridor shall include detailed information
and visual representations of the proposed barrier, and such other
Ord 2013-10 5
information as deemed necessary by the planning and zoning
commission to establish compliance with this subsection.
(2) Trees shall be planted adjacent to the barrier, on the COD I
thoroughfare side, at intervals of 25 feet, with one-half having a
minimum caliper of four inches 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 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.)"
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 mode
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 2013-10 6
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PASSED AND APPROVED on first reading this 1't day of Anril,2013.
PASSED, APPROVED, and ADOPTED on second and final reading this 6`h day of,
May,2013.
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Kevin M. Ho d
Mayor
ATTEST:
q Q FR1EN�
Melinda Welsh,TRMC .0 •
City Secretary
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Ord 2013-10 7