The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 2005-09 y p r • Title: An ordinance of the City of Friendswood, Texas amending the City's zoning ordinance with regard to density and open space requirements for cluster home developments, providing a penalty, and providing for severability. ORDINANCE NO. 2005-09 AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING ORDINANCE NO. 84-15, AS AMENDED, SAME BEING THE ZONING ORDINANCE OF THE CITY, BY AMENDING SECTION 8.H.2 THEREOF REGARDING PLANNED UNIT DEVELOPMENT STANDARDS AND REQUIREMENTS RELATED TO CLUSTER HOME DEVELOPMENTS TO ALLOW CLUSTER HOME DEVELOPMENTS TO SET ASIDE A MINIMUM OF TWENTY PERCENT (20%) OF THE DEVELOPMENT AS OPEN SPACE FOR DEVELOPMENTS WITH A MAXIMUM OF 2.? UNITS PER ACRE, A MINIMUM OF THIRTY (30%) AS OPEN SPACE FOR DEVELOPMENTS WITH A MAXIMUM OF 3.0 IJNITS PER ACRE, AND A MINIMUM OF FORTY PERCENT (40%) AS OPEN SPACE FOR DEVELOPMENTS WITH A MAXIMUM OF 4.0 UNITS PER ACRE, TO REQUIRE MINIMUM LOT AREA OF 6,000 SQUARE FEET, TO ESTABLISH REGULATIONS REGARDING LOT COVERAGE, LOT FRONTAGE, AND SETBACKS IN CLUSTER HOME DEVELOPMENTS, TO ESTABLISH CIRCUMSTANCES UNDER WHICH THE PLANNING AND ZONING COMMISSION CAN MODIFY THE WIDTH OF STREETS AND RIGHT-OF-WAYS IN CLUSTER HOME DEVELOPMENTS, TO LIMIT ABOVE-GROUND INFRASTRUCTURE DEVELOPMENT SUBJECT CERTAIN REQUIREMENTS; BY AMENDING SECTION 7.Q.2 THEREOF TO ESTABLISH A NEW MATRIX CONTAINING THE LOT SETBACK REQUIREMENTS FOR CLUSTER HOME DEVELOPMENTS; PROVIDING A PENALTY NOT TO EXCEED $2000.00 FOR EACH VIOLATION OF ANY PROVISION HEREOF; REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES, IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. * � * * * * * * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally passed and approved November 19, 1984, and being the zoning ordinance of the City, is hereby amended by amending Section 8.H.2 regarding planned unit development standards and requirements related to cluster home developments as described in the caption hereof, to read as follows: "2. Cluster home developmen� 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] concentrate the remainin� 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 [fifteen percent (15%)] one of three minimums: At least twentv percent �20%) , at least thirt�percent (30%L [and] at least [and]forty percent (40%) of the total project area subject to the densitv requirements set forth in subparagraph b. below. The area of amenities within a dedicated Open Space ffor example: �reen space, trails, lakes, pavilions, benches, outdoor cooking facilities detention areas and the like}, may be counted as part of the Open Space calculation. b. [Density shall be no greater than the area weighted average of the maximum density in the underlying zones from which the cluster home district is created.] Density allowed: 20% open space shall allow a densit�, of up to 2.'7 units per acre• 30% open space shall allow up to 3.0 units per acre; 40% or more open space shall allow up to 4.0 units per acre. 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.) Must total a minimum of 6,000 square feet. d. Lot covera�e: 20% open space shall allow overall lot covera e of up to 40%; 30% open space shall allow overall lot covera�f u� to 45%; 40% or more of open space shall allow overall lot coverage of up to 50%. e. Lot Fronta�e: There shall be [no] a minimum 40 feet of lot frontage [requirements] re uired. [provided that each lot shall have access to a public right of way or other approved access way to provide vehicular access in accordance with city standards.] 2 ' � . . f. Lot Setbacks: Refer to the Section 7.0.2 the Regulation Matrix — Residential Districts for buildin� set backs which are based on the percenta�e of Open Space preserved in the overall development. g. Commission may grant a modification to reduce the street pavement widths of streets [located in the open space area of a cluster home development, provided that such streets do not have residences fronting them, and provided that safety concerns are satisfied.] or reduce Ri�hts-of-Wa�y if the open space equals 30% or more of the overall project. Should a modification be �ranted, the ROVV mav be reduced from 60 ft. to 50 ft. in width� street pavin� may be reduced from 28 ft. to 24 ft. so lon as no drivewav access is permitted to the reduced pavement. In addition the modification must include a 10 ft. landscape buffer on each side of the pavin�with minimum 5 ft. sidewalks along each buffer [f. The proposed reduction in building setbacks shall be no more than the project's percentage of open space, except in gaxden 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 and Green Space shall be platted as an open space restricted reserve, and shall be restricted from future development. Green space may never be developed or converted to Open Space i. Open space [from] in a cluster home development may be included in the calculation for park dedication credit under the Subdivision Ordinance, but such credit shall not exceed fifty percent (50%) of the total allowable park dedication [credit] exaction. j. [Open space shall not contain any) Above round development infrastructure within anen snace shall be minimized or eliminated except [that] as required for detention. [which] Open space in a cluster home develonment 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 mare per acre, and such trees shall have a minimum two and one-half inch caliper two feet above ground level. ] 3 (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.] (2.) [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 filed in the public records of the appropriate countv providing for the creation and continuin�operation of one or more property owners associations (POA). The restrictive covenants shall require that all owners of property contained in the development be members of the POA. The POA created pursuant to the restrictive covenants shall be responsible for maintaining all reg en or open snace contained within the development. Restrictive covenants shall be in a form approved by the city attorney, and the city reserves the right to be included as a party or a third party beneficiary with enforcement powers. (3.) The open space may, alternatively, be dedicated to the City, with the City's agreement. (4.) Onlv above �round low-impact features of limited scope and requiring minimal infrastructure for maintenance such as maintained trails, shelters and playgrounds mav be permitted in an open space restricted reserve " Section 2. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally passed and approved November 19, 1984, and being the zon.ing ordinance of the City, is hereby amended by amending Section 7.Q.2 setting out the lot setback requirements for cluster home developments as seen in the matrix attached hereto as Exhibit "A" and incorporated herein by this reference for all purposes. Section 3. 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 $Z,000.00. Each day of violation shall constitute a separate offense. Section 4. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. 4 , R Section 6. In the event any clause phrase, provision, sentence, ar 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 Friendswaod, 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 �th day of__FPrr„a,.�, , 2005. PASSED, APPROVED, AND ADOPTED on second and final reading this 21st day of Feb. �2005. CITY OF FRIENDSWOOD, TEXAS ,� �v FR�EIy� Kimball W. Brizendine �p� a�, Mayor c�i �o ,� � ATTEST: ar�rF � ��t� , � � Deloris McKenzie, TRMC City Secretary 5 8 � 0 � ° L °v\, �°�n o o � ai � � a � M M � � d- v � � z � a � z z Q z z � � C7 bA � � � � N N N N N � � � a � a w � � � a � b �, o � � � My �p'� � � M 'cr M M M W � � � .� z., � U U x �, ;� o � � �. U U � � co �� a � N N � o 0 � � d � a� W �O a � ,� � �o x o °� '� U :� o � •o � d (� t� G4 o ¢ � � C� n,'�„ � � r�"� N N � �N N cv �,, -� 8 d �,., „ � a ° U ^' � k :� ,� i"'� bA W � � � � � ""' q � O O Q � � a � � ~ O � � ir � � t, v'� v'� O v1 vl � N N •--� •-+ ..� a a � a� x aa � W N N � N N � � � Q ;CS � p O O O �a � � �y � �F �}' � a y. d •� ' ,�, �° `° °o °o °o � � a�w � � � � � � � � � � � � � � � a� N fy `O �,; M � � N i�r a-+ � .� i� �+ � �+=� � ��-"'+ M�1 �i � � � � •� � .?.,' -� °' -d G7 � � U Q 0 �, U l� O a �.N a, �.� tx -o � q � o � � o � G4 .� a� W .� a� � .� � �s � \ c� r/1v� �G v� v� cG � C7L1 a�. � ° v� a.� � ° �n \° 0 0 � a� � .� n� � � ap z �3 � .� � o � � � Q �a � � U 3 c,.. �, "� � N -��+ t.�, � � �� Q" � � � 6� �•�"'-.+ � •� .� o � � 0 U � � � O � � � � � � � � � `'' � •� � � � '� �. .fl 4" 3 �-' ,� � � o �, � � � q a� �cs �, o � � � � � � � " o U a � � � .� '� x � N � vi � �. GA s�.. �" � � � � � � +-�+ "" �" bA �r-, c�i ^� U .� � -b � cc s°�-� •� � � :� °� CJ� C7 rn W � � �n � � � ... �. � � � t"" > ccS >, � � � �" o Q N ;'C3 � -C ''�'' � O N � C� �+N. cv ... 3 �-' s � � `*" on ;o ' ° °� 'fl N 4-� V� N G W y ^� � � p � ...�. s.N. Gzr byA � �--� � � ^C O 3 � t-, � �+ as O +.' � � „� / C1, 'd tn p ��, '� f.' [� � ,� �" O N c� � c6 � G V '•i� � �--/ � � O �, � N ,� � ,� �' on i .� � 3 � a O � cF? �'' � ^ �" +'�- '—' � �+�r � O � p r�n � .� � � � � � � � v � � � > t. ^� � � � .}.," � � � �" � � � N � ��. T c� ��" �. N � � � � vi � ,„�,� � � ,� v1 � +-�' .� � ,� °' � .� � � � � � � � o �, � ,7, N �� " � � � ,3 t�C �. � y.�y •+�-+ 'd bA � y", �� U �" � � � .fl � d' y O � � +'� � 4p� � cn +-� RS ^" 4� � C�. � � �" � bA �" O � O •,�,�". � � � >G � � y � '� �� O m y 'fl +-' v°�i 3 � � � r,,,, �., � �' a.� �C c� r.-� ..fl � .-� � p .'�:.' y � � N � cd O � � `+�'' ,�,C •� >, �q � � � 4� � `+-� G� c.> .� � � � c� a� a� � � � > �, � � � '� � -� � ' 3 � � � �' � �, o � �' ° °o � � o -v � Q � a� v� � � o ``" � a� a� °� � .�' � w �.. ., �. � .� � � c.� o � � � � E�-� E3 N F� a � (� a w � H F� �. � a� � � C� U (� W G�: C7 x � •-; � '�, � .� `� a�i UQ � c, O � A � � � � oo `� d. `'.1."' rr rn