HomeMy WebLinkAboutOrdinance No. 2017-07 (4
I
I
(Title: An ordinance adopting revisions to Appendix C "Zoning," Section 7, "Schedule of
District Regulation," Subsection P. "Permitted Uses" to add architectural and submittal
requirements for single tenant retail uses occupying 50,000 gross square feet or more) I
I
I
ORDINANCE NO. 2017-07
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXAS, APPENDIX C — "ZONING," SECTION 79
"SCHEDULE OF DISTRICT REGULATIONS"
SUBSECTION P, "PERMITTED USES"; 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.
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
i
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
E
Friendswood have studied the present provisions of the Zoning Ordinance and have determined
i
i
the need to add provisions to provide for, define and regulate "Permitted Uses", in order to
provide greater specificity as concerns the development of single tenant or occupant retail uses
occupying fifty thousand (50,000) gross square feet or more, hereafter referenced, with the intent
of facilitating orderly growth, development and regulations for the protection of the health, f
safety and welfare of the public; and
t
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, "SCHEDULE OF DISTRICT REGULATIONS,"
SUBSECTION P., "PERMITTED USES,"
The City Code of Friendswood, Appendix C, "Zoning," Section 7, "Schedule of District
Regulations," Subsection P., "Permitted Uses," subsection 6. "Permitted Use Table," is hereby
amended to include a new subsection 0) to read as follows:
i
Single tenant or occupant retail uses occupying fifty thousand (50,000) gross square feet or more.
The following requirements shall be in addition to the requirements of any applicable zoning
district or overlay district. The following regulations also apply if any interior portion of the
50,000 gross square feet of the building envelope is subleased to another tenant or occupant not
affiliated with the primary tenant or occupant.
f
1. Provide a noise mitigation plan to verify compliance with the City's current maximum
permissible sound levels located in the Noise section of Chapter 54 of the Code of Ordinances.
2. Front building facades and facades fronting private or public streets with facades greater
than 200 feet in length shall incorporate wall plane projections or recesses that are at least six
(6) feet deep. Projections and/or recesses must be at least 25% of the length of the fagade.
Uninterrupted lengths of fagade may not exceed 100 feet in length; and
Ord 2017-07 2
3. Buildings shall be architecturally finished on all four sides with same architectural elements
as required in Subsection 3 below except the rear of the building provided that a double row of
trees is planted along the property line behind the building. In this case, the architectural finish
must match the remainder of the building in color and fagade material only. A double row of
trees shall include trees planted on offset fifty(50) foot centers in a fifteen (15) foot landscape
buffer,where 50%of the trees are canopy evergreen trees; and
4. Buildings that are fifty thousand (50,000) square feet or more in size must include a
minimum of six (6) of the following architectural elements. Buildings that are one hundred
thousand (100,000) square feet or more in size must include a minimum of eight (8) of the
following architectural elements or other architectural features approved by the Planning and
Zoning Commission:
a. Canopies,awnings or porticos
b. Overhangs
c.Arches
d.Arcades(a series of adjoining arches)
e.Peaked roof forms
f. Outdoor patios
g. Display windows
h.Architectural work such as tile work and moldings integrated into the building fagade
i.Articulated ground floor levels or base
j. Articulated cornice lines
k. Integrated planters or wing walls that incorporate landscape and sitting areas
1. Offsets,reveals, or projecting ribs used to express architectural or structural bays
m.Accent materials(minimum 15% of exterior fagade)
n. Varied roof heights
o. Other architectural features approved by the Planning and Zoning Commission"
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.
Ord 2017-07 3
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.
�I
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.
i
PASSED AND APPROVED on first reading this 6t'' day of February,2017.
PASSED, APPROVED, and ADOPTED on second and final reading this 6th day of
i
March,2017
Kevin M. Holland
Mayor
ATTEST:
vvr.r• Pte, �
pp gg@ r � 0
P i y§ I M � • / p I
Melinda Welsh, TRMC
v
City Secretary ®�
IX
♦o
••
Ord 2017-07 4
r