HomeMy WebLinkAboutOrdinance No. 2000-24 ORDINANCE NO. 2C00-24
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS,
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 AMENDING
SECTION 7, SUBSECTION J., TO BOTH ADD AND DELETE
LANGUAGE TO ALLOW FOR CLUSTER HOME
DEVELOPMENT IN PLANNED UNIT DEVELOPMENT
DISTRICTS; AMENDING SECTION 8, SUBSECTION H,
PLANNED UNIT DEVELOPMENT STANDARDS AND
REQUIREMENTS, TO ADD LANGUAGE TO SUBPARAGRAPH 1
AND TO DELETF, 'TH� CTJRRENT SUBPARAGRAPH 2 AND
REPLACE IT WITH A NE��v ;�LTBPARAGRAPH 2 CREATING
STANDARDS FOR CLUSTER HOME DEVELOPMENT;
PROVIDING UTHER MATTERS RELATING TO THE SUBJECT;
PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED
$2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION
HEREOF; AND PROVIDING FOR SEVERABILITY.
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WHEREAS, the City Council of the City of Friendswood, Texas, is interested in
protecting and preserving the semi-rural nature of the City and the quality of life enjoyed
by its residents therewith; and
WHF,REAS, Counci? has bePn advised that there are significant benefits to cluster
developments, which serve to reduce ir.frastructure and resultant impermeable surfaces,
and which preserves green or open space; and
WHEREAS, Council has received recommendations from the Open Space Task
Force to increase options for developers to preserve open and green spaces within the
City; and
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WHEREAS, the Planning and Zoning Commission has recommended adoption of
the following amendment to allow clustering of development; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, said Appendix C being the Zoning Ordinance of the City, Section 7.J., Planned
Unit Development, is hereby amended by adding to subparagraph (3) of such section the
phrase and resi3entia: immediately followitig the word "commercial" therein, and by
further amending the final sentence of Section 7.J. by deleting the following:
"in particular as it applies to lot size in single family residential development".
Section 2. Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, said Appendix C being the Zoning Ordinance of the City, Section 8.H., Planned
Unit Development Standards and Requirements, is hereby amended by adding to
subparagraph 1, General plan, the following:
elevations reflecting the general architectural and landscaping features
following the phrase "circulation and acce;s features"; and further by amending such
subparagraph by adding
and the purposes for which the project is to be utilized
at the end.
Section 3. Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, said Appendix C being the Zoning Ordinance of the City, Section 8.H., Planned
Unit Development Standards and Requirements, is hereby amended by deleting
subparagraph 2., in its entirety:
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"The setbacks in a planned unit development shall be the same as those which
would be required of the use under a standards zoning classification. For example, a
planned unit development for garden home residences shall be required to have the same
setbacks as those for property zoned garden home district."
Section 4. Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, said Appendix C being the Zoning Ordinance of the City, Section 8.H., Planned
Unit Development Standards and Requirements, is hereby amended by adding a new
subparagraph 2., to provide as follows:
2. Cluster Home Development. For purposes of this ordinance, a
cluster home development is a development where residences are located
on a portion of the developable area so as to provide sizeable open space
in the remaining area which is protected from development. In the case
of a cluster home development, special conditions shall be imposed, as
described below. To gain approval as a cluster home development the
project shall have the following characteristics:
a. Open space to remain undeveloped shall be equivalent to
between fifteen�ercent �15%) and forty percent (40%) of
the total proj ect�r.a.
b. Density shall be no greater than the area weighted avera�e
of the maximum densitv in the underlying zones from
which the cluster home district is created.
c. Lot area reduction shall be no more than the project's
percentage of open space. Provided, however, that for
garden home developments, the reduction in lot size shall
not exceed twenty percent (20%), even if open space
exceeds that percentage.
d. There shall be no minimum lot fronta�e requirements,
provided that each lot shall have access to a public ri�ht of
way or other approved access way to provide vehicular
access in accordance with citv standards.
e. Conimission may gran± �� modification to reduce the street
pavement widths of streets located in the open space area
of a cluster home development, provided that such streets
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do not have residences fronting them, and provided that
safety concerns are satisfied.
f. The proposed reduction in building setbacks shall be no
more than the project's percentage of open space, except in
garden home developments, where no reduction in building
setbacks shall be allowed.
g. An additional five percent (5%) of lot area and building
setback reductions may be granted to cluster home
developments where the open space provided is contiguous
to open space in an adjacent development, except as to
garden home developments.
h. Open space shall be platted as an open space restricted
reserve, and shall be restricted from future development.
i. Open space froin cluster home developments may be
included in the calculation for park dedication credit under
the Subdivision Ordinance, but such credit shall not �xceed
fifty percent (50%) of the neighborhood park exa�tion
credit .
j. Open space shall not contain any development
infrastructure except that required for detention, which
shall meet the following requirements:
(1) A landscaping plan shall be submitted as part of the
general land use plan.
(2) In areas where trees are naturally prevalent, the
landscaping plan shall show an average of ten (10)
trees or more per acre, and such trees shall have a
minimum two and one-half inch caliper two feet
above ground level.
(3) Detention area side slopes shall average no more
than 8 to 1 except in situations where staff
recommends such and provided that it is
demonstrated that a detention area with a greater
average slope is maintainable and provides equal or
better open space characteristics.
(4) Restrictive covenants shall be filed of records in the
appropriate county deed records providing for the
creation and operation of a homeowners association
to maintain and improve such green space.
Restrictive covenants shall be in a form approved by
the city attorney, and the city reserves the right to be
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included as a party or a third party beneficiary with
enforcement powers.
(5) The open space may, alternatively, be dedicated to
the City,with the City's agreement.
Section 5. Except as otherwise herein expressly amended, all other provisions
of Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said
Appendix C being the Zoning Ordinance of the City, Ordinance No. 84-15, originally
adopted the 19th day of November, 1984, as it may have been previously amended,
remain unchanged and in full force and effect.
Section 6. 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 7. In the event any clause phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or circutnstances 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 AND APPROVED on first reading this 24th day of July ,
2000.
PASSED, APPROVED, and ADOPTED on second and final reading this �th
day of August , 2000.
Harold L. Whitaker
Cluster Development Ordinance Mayor
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ATTEST
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D loris McKenzie, T C
City Secretary
MOTION: Councilmember Kim Brizendine
2ND: Councilmember Kitten Brizendine
APPROVED: 6-0 (T. Manison absent)
Cluster Development Ordinance
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