HomeMy WebLinkAboutOrdinance No. 2014-19 (Title: An ordinance adopting revisions to Appendix C "Zoning," Section 8, "Supplementary District
Regulations," Subsection N."Downtown District Supplemental Requirements")
ORDINANCE NO. 2014-19
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'; 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 add provisions to provide for, define and regulate "Downtown District Supplemental
Requirements", as hereafter referenced, with the intent of facilitating orderly growth,
development and regulations for 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
reconumending 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,"
The City Code of Friendswood, Appendix C, "Zoning," Section 8, "Supplementary
District Regulations," Subsection N., "Downtown District Supplemental Requirements, is hereby
amended 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).
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
Ord 2014-19 2
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. 4rchitectural standards.
a. Buildings in the DD zoning district shall have exterior cladding of brick,
masonry, stone, stucco or glass. Fiber cement boards/siding are
prohibited, except as trim for eves and overhangs. The Planning and
Zoning Commission may approve alternative exterior facade 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
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.
C. Awnings and canopies are allowed upon approval of the planning and
zoning commission.
d. Fenestration calculations:
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(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.
al(i)l Each development along FM 2351 and FM 518 shall provide a minimum
15-foot-wide parkway adjacent to the street right-of-way. [^»�i-
and,�.a-FA 8,1 [t}The 15-foot parkway must contain an unobstructed
brick-paved sidewalk, as described in Appendix E of the Design Criteria
7
Manual, at least eight feet wide and a seven-foot wide landscape area.
b.[(H)l [On adjaeent side streets the parlkway must etintain an unobstructed
brielk paved sidewalk, as deseribed in Appendix E of the Design
Crfter4a Manual, at least six feet wide and a nine foot wide landscap
area:} Each develonment alone all other streets within the Downtown
District shall provide a concrete sidewalk built in accordance with
City of Friendswood standard specifications and shall be a minimum
of six (6) feet in width. Concrete sidewalks shall be built within the
street right-of-way and adjacent to the right-of-way lines.
] within Amenities.right of way lines and built in neeor-danee to the Design Criteria
Manual, Appendix E Downtown Distriet 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.
7. Parkivnvs and landscaping.
a. The 15-foot parkway required alone FM 2351 and FM 518
[I, wdseape+x-*, which runs parallel and adjacent to each street's back of
curb, includes a seven-foot landscape area. This area shall be reserved
for amenities,such as street furniture, lighting and landscapin and [This
area}may [ire} include 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 15-foot parkway [landseape-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
Ord 2014-19 4
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.)
(2)[b.1 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 15-foot oarkwav[landseage--area} of each
development [as provided for in subseetion 6.a. a ov.-TI.
All provided amenities shall be permanently maintained by
the property owner, including the brick-paved sidewalks.
(b)[c4. Developments alone all other streets within the Downtown
District shall have a minimum ten-foot landscaped buffer
located on private property and not less than one tree,whether
existing or planted, shall be planted and maintained for each
25 lineal feet or portion thereof. Each such tree shall be not
less than eight feet in height immediately upon nlanting and
shall have a caliper of not less than two inches measured 18
inches above the natural ground level.
(c) [O teriAlternate sidewalk, landscape and amenity designs,
[adjacent to FA4 2351 and FAI 518 and ...]:..eent side ..1..,.ets]
specific to the site or the function of the development within the
Downtown District may be considered[presented and may be
approvedi by the Planning and Zoning Commission[eity-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
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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.
PASSED AND APPROVED on first reading this 14rL'day of July,2014.
PASSED, APPROVED, and ADOPTED on second and final reading this 4th day
of Aueust.2014.
Kevin M.H and
Mayor
Ord 2014-19 6
ATTEST:
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Melinda Welsh, TRMC .:' p •,
City Secretary :U; .) o
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Ord 2014-19 7