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HomeMy WebLinkAboutOrdinance No. 99-37 ORDINANCE NO. 9 9-3 7 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 REVISING THE OFFICIAL ZONING MAP OF THE CITY OF FRIENDSWOOD TEXAS BY DESIGNATING CERTAIN ROADS WITHIN THE CITY LIMITS AS THE DOWNTOWN OVERLAY DISTRICT IN ACCORDANCE WITH SECTION 3 OF THE ZONING ORDINANCE; AMENDING SECTION 7. BY ADDING SUBSECTION 75, DOWNTOWN OVERLAY DISTRICT; ADDING STANDARDS FOR COMMERCIAL DEVELOPMENT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILIT'Y. * * * * * * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. Appendix C of the Friendswood City Code, same being city of Friendswood, Texas, Ordinance No. 84-15, as amended, originally passed and approved the 19`�' day of November, 1984, and being the Zoning Ordinance of the City, is hereby further amended by adding the following new section: 7.5 Downtown Overlay District. l. General purpose and description. The Downtown Overlav district (DOD) is intended to preserve the phvsical characteristics of the CitY of Friendswood in designated areas bv promoting the safety, welfare, convenience, and enjoyment of travel a1on� these entrvwa�; ensurin�that signage is clear and appropriate to prevent needless clutter in anpearance; providing for unified and orderly development; and promotin� and aiding economic growth. The establishment of an DOD does not repeal the underlying z�g classification of propertv to which the DOD applies. The requirements of the DOD are �Entryway Overlay Dish-ict Amend.l0/OS/99 � • in addition to the re�uirements of the underl��ing zonin�,district. In the event of conflict between the reguirements of the DOD and the underlyin�g classificarion. the requirement of the DOD sha11 avplv. 2 Permitted uses. Permitted uses in the DOD sha11 be determined bv the underly� zoning districts. 3 Boundaries. The area desiQnated as DOD sha11 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. Hei�ht of buildin� and structures sha11 in no case exceed two stories or 3 5 feet. 5. Sign regulations. Sig,ns sha11 be permitted within the DOD accordin� to the si�n ordinance of the City of Friendswood. However, only monument style signs sha11 be permitted in the landscape/buffer area (see para�raph 8). A 25 square foot reader board may be incorporated into the monument si�, in addirion to the allowable 50 sauare feet, but no portable sig�s will be permitted on site if a reader board exists. Monument stvle si�s should also be compatible with the azchitectural stvle of the building(s)located on site. 6. Screening. The following uses when located at front and sides of the main structure on the site sha11 be screened to a height sufficient to completely screen the use from view at,�round level. a. All outside stora�e; b. Industrial activities; c. Off-street loadin�areas: Downtown Overlay District Amend.l0/OS/99 2 d. Refuse storage areas, dumpsters. and a11 related activities; e. Air condirionin�and heatin�quipment; f. Microwave and satellite antennas; and g. Detention ponds*. An opaque screen composed of berms**, wa11s, fences, vegetation, or a combination of these materials between the property and the development shall be used• however, in no case sha11 an� of the above mentioned activities be closer to the street than the thirty-foot setback line. *ff detention ponds are �art of the landscapin�plan, screeningL would not be necessarv. **Berms used for any tvae of screening will be limited to a height of three feet �3'1 above finished grade at propertv line(not including detention facilitiesL must be landscaped. 7. Utilities. All �ermanent utilities serving the property shall be located under�round, at owner's e�ense, unless required by the utility company to be otherwise located. 8. Landscaping. The minimum requirements for areas within the DOD areas follows: a. Properties with fronta�e along the entryway sha11 provide a minimum ten-foot wide landscape buffer alon�Ythe entire len�th of the lot. b. All other landscapin� requirements in other sections of the ordinance must also be satisfied. c. All parking areas adjacent to the buffer zone sha11 be screened with architectural and/or landscape materials. Shrubs used to screen parkin�areas shall be a minimum hei�,ht of two feet. Downtown Overlay Diatrict Amend.l0/OS/99 � , , �. -�--�- • . , 9. Architectural elements. a. Commercial: 1. Commercial developments must have facades of wood, brick, masonrv. stone, stucco, �lass,or architectural metals such as copper or bronze. 2. The design of wa11s and other structures located on the same site, including those used to screen outdoor storag,e areas, dumpsters, vehicles etc.. sha11 be constructed of the same materials as the main building on the lot. 3. Provided however, that in the case of both subpara�phs 1. and 2, above, an applicant ma�present to the Commission and Council on the site plan, specificarions, which shall include elevation drawin�L of proposed alternative materials, which meet or exceed the appearance and durabilitv requirements above. b. Residential: 1. Residential develo�ment not facin�the entryway (i.e. subdivision, etc.) shall be required to install an o�aque screening wall no closer than five feet from the street right-of-way. Said wa11 sha11 be a minimum of six feet in height. 2. Trees sha11 be planted adjacent to the wall on the entrvwav at intervals of 25 feet, with one-half having a minimum caliper of four inches and on-half havin�a minimum caliper of two inches. 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, shall be and is hereby revised and amended to show the designarion of the following described streets within the municipal corporate boundaries of Downtown Overlay District Amend.l0/OS/99 A �-r the City of Friendswood, Texas, for a distance of a minimum of 200 feet from the street right-of-way or the rear of the property having frontage, whichever is less, as Downtown Overlay District(DOD): State Farm-to-Mazket Road 518 between Cowards Creek and State Farm-to-Market Road 2351 such roadway being shown on the attached E�ibit "A" which is attached hereto and incorporated herein by reference, being measured in depth as described above, and the City secretary is hereby directed to make such change on the Official Zoning Map of the City. The underlying zoning classification of such property shall not be amended, altered, changed or otherwise affected by this Ordinance. Section 3. This Ordinance sha11 expire nine (9) months after the effective date hereof, unless repealed earlier or extended by Council. Section 4. Except as otherwise herein expressly amended, a11 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 19�' day of November, 1984, as it may have been previously amended, remain unchanged and in full force and effect. Section 5. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, sha11 be fined in an amount not to exceed $2,000. Each day of violation shall constitute a sepazate offense. Section 6. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances sha11 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 declazed to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have Downtown Overlay District Amend.l0/OS/99 G J 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 4th day of October , 1999. PASSED, APPROVED, and ADOPTED on second and final reading this 18th day of October , 1999. Harold L. Whitaker Mayor ATTEST: Deloris McKenzie, C City Secretary Downtown Overlay District Amend.l0/OS/99 L V