HomeMy WebLinkAboutOrdinance No. 2019-05 (An ordinance amending Appendix C "Zoning," Section 8, "Supplementary district
regulations," Subsection I, "Landscaping and screening requirements", by amending
various landscape requirements and amending Subsection L. "Reserved" by adding
screening details for dumpsters and recycling storage containers.)
ORDINANCE NO. 2019-05
AN ORDINANCE AMENDING APPENDIX C — "ZONING,"
SECTION 8, "SUPPLEMENTARY DISTRICT
REGULATIONS," SUBSECTION I, "LANDSCAPING AND
SCREENING REQUIREMENTS", BY AMENDING
VARIOUS LANDSCAPE REQUIREMENTS AND
AMENDING SUBSECTION L. "RESERVED," BY ADDING
SCREENING DETAILS FOR DUMPSTERS AND
RECYCLING STORAGE CONTAINERS; 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")relating to land use and other circumstances, and;
WHEREAS, the City Council wishes to update and revise the requirements for
landscaping and screening, to protect the character and stability of residential, commercial,
institutional and industrial areas, to conserve the value of land and buildings of surrounding
properties and neighborhoods, and to enhance the aesthetic and visual image of the City of
Friendswood; 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 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.
The facts and matters set forth in the preamble of this Ordinance are hereby found to be
true and correct.
Section 2. The City of Friendswood Code of Ordinances, Appendix C, "Zoning",
Section 8, "Supplementary District Regulations", Subsection I, "Landscaping and Screening
Requirements",
is hereby amended to read as follows:
Appendix C
Zoning
Section 8. - Supplementary district regulations.
I. Landscaping and screening requirements.
1. Purpose. The provisions of this subsection I for the installation and maintenance of
landscaping and screening are intended to protect the character and stability of residential,
commercial, institutional and industrial areas, to conserve the value of land and buildings of
surrounding properties and neighborhoods, and to enhance the aesthetic and visual image of the
community. In furtherance thereof, trees utilized to comply with the requirements of this
subsection I shall be of a type contained in the list of qualified trees approved from time to time
by the city council and contained in the city's design criteria manual ("Qualified Tree List").
2. Perimeter landscaping and screening.
a. Adjacent property, buffer maintenance and installation.
Ord No.2019-05 2
(1) When a commercial (CSC, LNC, NC, OP, DD, PUD, A-1) or industrial (LI, I, BP)
use is established on a lot or premises located adjacent to any residential zoning district,or
when any multiple-family dwelling use is established on a lot or premises adjacent to any
property located in a single-family residential zoning district, or when an industrial use is
established on a lot or premises adjacent to any property located in a commercial zoning
district, a ten-foot in width landscaped open space buffer strip shall be installed and
maintained by the owner, developer or operator of the multiple-family dwelling,
commercial or industrial property between it and the adjacent protected property.
(2) In addition, an eight-foot-high opaque fence or wall shall be erected and maintained
along the common property line. Graduated fences may be allowed by the commission,
when the safety and general welfare of the public would be better protected by such design.
The fence or wall shall be constructed of wood, masonry, or decorative concrete, or any
combination thereof. Metal may be used only as a concealed structural element.
Alternatively, some types of vegetation may be allowed for such screening, provided
plantings are evergreen and dense enough to provide an opaque or substantially opaque
screen. Any combination of fencing,earthen berms,and vegetation may be used to comply
with the eight-foot screening requirement.
(3) The provisions of this subsection may not apply where the uses are separated by a
driveway, easement, drainage ditch, canal, or similar features determined to provide
adequate buffering to those listed herein which are a minimum width of 30 feet. The
commission shall determine the required screening after giving due consideration to the
intensity of the commercial use, the zoning classification, and adjacent land uses. When a
residentially zoned property is rezoned to commercial, an existing fence may, if requested
by the staff, the commission, or the applicant, be removed, in whole or in part, to allow
joint or shared access to parking and driving areas. Documentation may be required
detailing a joint use agreement between or among property owners.
Conversely, when a single-family use is established on property adjacent to any
commercial, industrial, or multiple-family zoning district,an eight-foot high opaque fence
or wall shall be erected and maintained along the property line. The ten-foot buffer strip
shall not in this instance be required.
a-1. Adjacent property, buffering streets. All land zoned commercial or industrial, as that term
is defined in this section, shall have a minimum ten-foot landscaped open space adjacent to each
public right-of-way located within the required yard.
b. Trees for buffer strips. If an open space buffer strip is required under the terms of this
subsection I, not less than one tree, whether existing or planted, shall be maintained for each 25
lineal feet or portion thereof of solid open space buffer strip.
b-l. Each suchLandscape trees. All required trees for landscaping shall be not less than eight feet
in height immediately upon planting and shall have a caliper of not less than two inches measured
18 inches above the natural ground level.
c. Off-street parking landscaping.
Ord No.2019-05 3
(1) All areas, other than those located within the industrial district, that are used for
parking or display of vehicles, boats, construction equipment or production equipment,
shall conform to the minimum landscaping requirements of this subsection 2.c. Areas that
are of a drive-in nature, such as filling stations, grocery stores, banks and restaurants also,
shall conform to the minimum landscaping requirements of this subsection 2.c.
(2) It is the intent of this subsection 2.c to promote the placement of trees along the
thoroughfares of the city.Therefore,at least 50 percent of the required trees shall be located
between the street and any buildings. No tree other than those species listed as small trees
(size 3) on the qualified tree list may be planted under or within ten lateral feet of any
overhead utility wire, or over or within five lateral feet of any underground water line,
sewer line,transmission line or other utility.
(3) Parking lots shall be considered small if they contain spaces for 20 or less cars. Small
parking lots shall have "open" landscaped areas that are equal to not less than ten percent
of the parking area and drives in the parking area. The required area may be used as islands
or perimeter landscaping or in any combination. A minimum of one Class 1 or Class 2 tree
from the qualified tree list shall be planted and maintained for each 250 square feet or
portion thereof of landscaped open space area.
Parking lots with more than 20 parking spaces shall have open landscaped areas equal to
ten percent of the parking area and drives in the parking area. Fifty percent of the required
landscaped area shall be used as islands. Perimeter landscaping shall have at least one such
tree for each 40 lineal feet or fraction thereof. Each island shall have one such tree planted
and maintained thereon.
(4) All planted islands shall have curbs of sufficient height and width to contain the
planted island.
(5) Planted islands are to integrate groundcovers and small shrubs while minimizing the
use of medium to tall shrubs; and shall not obstruct visibility of pedestrians and vehicles.
04) Off-street parking areas that are adjacent to residentially zoned property shall have
opaque fences or walls, eight feet in height above ground level,which shall be erected and
maintained along the property line to provide visual screening.
(77) All trees required in this subsection 2.c shall have a caliper of not less than two
inches, measured 18 inches above the natural ground level.
(8) If paving around a tree is required on private property,use porous pavements such as
cast-in place, monolithic turf, and concrete combinations over specimen roots to allow
water and air exchange.
(9) All plants shall receive proper irrigation to encourage deep root growth and
survivability.
d. Existing plant material.
Ord No.2019-05 4
(1) Where healthy planting exists on a site, the building official shall credit the property
owner for existing plants that are retained and used when calculating vegetation
requirements under this section. When healthy trees exist on a site, and when they are
equivalent in size and species to those required by this subsection, the building official
shall credit the property owner for existing trees that are retained and used when calculating
requirements under this subsection.
f2) Existing landscape areas to be retained shall be protected from vehicular encroachment
and damage during and after the construction phase by appropriate barriers. Parking or
storing of vehicles, equipment, or materials is not allowed within the protective root zone.
(3) Protective barricades are to be installed around all protected trees prior to any
construction activities on a development site. Barricades are to be installed a minimum of
10-feet from a protected tree or at the designated protective root zone.
(4) Protective barricades may be removed only to prepare the development site for final
landscaping activities.
e. Maintenance and care of trees.
(1) Maintenance period for trees. For any tree installed in fulfillment of the requirements
of this appendix, or any previously existing tree used in fulfillment of the requirements of
this appendix,it shall be the responsibility of the then property owner to maintain such tree
in a healthy condition . In the event of serious damage, disease or
death of the tree, or if the tree should otherwise fail to survive said f llow up period, the
then property owner shall, at his sole cost and expense,replace it with a tree that meets the
requirements of this appendix, within 120 days from the date of notification by the city.
Fe o of th; ubs ctio e(11 7 the f llo o o,1 shall bo od of two years
from the date of issuance of a certificate of occupancy for each such development site or
case where both have occurred, whichever is later.
(2) Pruning of trees. It shall be unlawful as a normal practice for any person, firm or city
department to top any tree on public property. Topping is hereby defined as the severe
cutting back of limbs to stubs larger than three inches in diameter within the tree's crown
to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely
damaged by storms or other causes,or certain trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from the requirements of
this appendix at the determination of the building official.
(3) Maintenance of trees over rights-of-way.
Any entity pruning trees located in public rights-of-way or in excavating in
rights-of-way or in easements shall be required to notify the city building official
and to prepare such plans or outline such programs as the official deems necessary.
The building official's permission must be secured before such work may begin. A
developer shall have the responsibility to verify that such approval has been granted
prior to the installation of utilities within easements on the developer's property.
Ord No.2019-05 5
Lb,) Every owner of any tree overhanging an street or right-of-way within the city
shall prune the branches so that such branches shall not obstruct the light from any
street lamp or obstruct the view of any street intersection and so that there shall be
a clear space of eight feet above the surface of the street or sidewalk. Said owners
shall remove all dead, diseased or dangerous trees, or broken or decayed limbs
which constitute a menace to the safety of the public. The city shall have the right,
with 14 days advance notice to the owner or agent, to prune any tree or shrub on
private property when it interferes with the proper spread of light along the street
from a street light or interferes with the visibility of any traffic control device or
sign.
(c) It is prohibited to cut trees or clear vegetation on public rights-of-way to
provide better view of off-premise signs.
(4) Removal of hazardous trees. The city shall have the right to cause the removal of any
dead or diseased trees on private property within the city, when such trees constitute a
hazard to life and property-or harbor insects or disease which constitute a potential threat
to other trees within the city. The city will notify in writing the owners of such trees.
Removal shall be done by said owners at their own expense within 60 days after the date
of service of notice. In the event of failure of owners to comply with such provisions, the
city shall have the authority to remove such trees and charge the cost of removal on the
owners'property tax notice.
f. Preserving trees; historical significance.
(1) Findings. The founders of the city chose to locate the community in its present
• location because of the inspiring,tranquil beauty of the huge oaks which occupied the creek
banks and surrounding terrain. The name given the new town, Friendswood, was chosen
because of its apt description of the settlers members of the Friends Church, and the
topographical character of the land, and the woods found in abundance along the four
creeks. The city council hereby finds and determines that the preservation of the naturally
wooded topography is of historical significance to the city.
(2) Purpose. It is the intent of this subsection to encourage the preservation of existing
trees within the city, and the historical significance thereof, and to prohibit their
unwarranted destruction.
(3) Tree survey required.
(a) A tree survey showing thereon the location of all living trees that have a
caliper of 12 inches or greater,measured at a point 4%2 feet above the natural ground
level, shall be required for:
(i) All proposed development on land located in districts zoned as
neighborhood commercial (NC), community shopping center (CSC),
downtown district (DD), local neighborhood commercial (LNC), office
park district (OPD), light industrial (LI), industrial (I), agricultural (A-1),
business park (BP), planned unit development—mixed use (PUD-Mixed
Use), or multifamily residential, low density (MFR-L), multifamily
Ord No.2019-05 6
residential, medium density (MFR-M), and multifamily residential, high
density(MFR-H);
(ii) All proposed development on land for which a specific use permit is
required by sections 7.P and 9.G; and
(iii) For residential developments on land located in districts zoned as
single-family residential (SFR), planned unit development cluster home
(PUC—Cluster Home), or multifamily residential-garden home district
(MFR-GHD), provided, however, the tree survey required by this
subsection shall be required only for the common areas located within those
developments, such as community parks, where residents of the
developments would have common access.
(b) If the property contains no trees fitting the description in subsection (a) of
this section, no tree survey shall be required if a signed statement verifying that no
such trees exist is filed with the community development office of the city
(hereinafter "community development").
(c) The developer or owner of the property to be developed shall sign the tree
survey certifying that it is,to the best of their knowledge,true and correct.
(d) The tree survey shall be submitted to community development concurrently
with or as a part of the site plan, development permit or plat. Community
development shall be authorized to review the data on-site for verification. The tree
survey shall be accepted by community development or community development
shall provide a notice, in writing, of its reasons for any action other than an
acceptance thereof.
(4) Site plan to include trees.
(a) Every site plan submitted shall include all living trees identified on the tree
survey as required by subsection I.f(3) of this section. Each such tree identified on
the site plan shall bear a notation indicating the tree's status as either "protected" or
"to be removed." A tree identified as "protected" indicates a tree that is not
scheduled for removal during construction. A tree identified as "to be removed"
indicates a tree that is scheduled for removal during construction. Each tree
removed during construction shall be mitigated as required in subsection I.f(6) of
this section.
(b) Trees identified with the notation"protected" shall also be physically marked
at the development site so as to be readily distinguishable from trees that are
identified on the site plan as "to be removed."
(5) Review and acceptance of site plan. Community development shall review the tree
survey portion of site plans to ensure compliance with the provisions of this subsection.
(6) Mitigation and incentives.
Ord No.2019-05 7
(a) Every development requiring the issuance of a development permit or the
approval of a site plan or plat shall maintain a minimum of one tree from the
qualified tree list for each 30 linear feet of street frontage, with such trees having a
minimum caliper of two inches measured at a point 18 inches above the natural
ground level.
(b) Class 1 or Class 2 trees, 12 inches in diameter or greater,measured at a point
4%2 feet above the natural ground level, shall be counted, on a one-for-one basis,
toward the minimum number of trees required by this subsection I. Trees located
within a buffer zone shall not be counted unless identified as "protected."
(c) Mitigation shall be required, on a one-for-one basis, for every tree with a
caliper of 12 inches or greater,measured at a point 4'/2 feet above the natural ground
level, that is removed from the development site. For each such tree removed,
mitigation shall be accomplished by planting one Class 1 or Class 2 tree from the
qualified tree list.
(d) New trees used for mitigation purposes or for landscaping shall have a caliper
of at least three inches, measured at a point 18 inches above the natural ground
level.
(e) The landscaping plan shall clearly indicate which trees are being planted to
replace trees identified as "to be removed" during development.
(f) If, due to,the nature of a proposed development and unique characteristics of
land,trees cannot be planted in a sufficient number to meet the requirements hereof,
a developer may elect to provide for a compensating tree to be planted elsewhere
within the city. Compensating trees shall be placed on public property, as near as
reasonably practicable to the development site, and may be accomplished by
donating a tree in kind, or by payment to the city of such amounts as may be
established from time to time by city council, based on the city's actual costs of
acquisition. Compensating trees shall be planted within the time periods required
for replacement trees.
(g) To encourage maintenance of the suburban wooded character of the
community, the city council may from time to time establish incentives to
developments which retain more Class 1 or Class 2 category trees than is required
by this subsection.
(7) Tree protection. Property owners shall be required to ensure that each of the trees
identified as "protected" on the site plan survives. the follow up period, as defined in
ub:,ection I.e.1 of this section. If a tree identified as "protected" fails to survivesueh
gyp-period the property owner shall replace such tree, at its sole cost and expense,
within 120 days from the date of notification by the city,with a Class 1 or Class 2 tree from
the qualified tree list, which has a minimum caliper of three inches, measured 18 inches
above natural ground level.
g. One tree required for each lot developed for single-family residential use. Each lot developed
for single-family residential use shall have one of the fequired qualified trees located in the
Ord No.2019-05 8
required front yard, before a certificate of occupancy may be issued. An exception may be made
by the building official for substantially wooded lots, in instances where the building official
determines there is not sufficient space in the front yard for proper growth, or where the planting
of the tree would constitute a hazard to persons or property.
h. Exception for lots used for single-family residential dwelling purposes. Notwithstanding any
other provision of this subsection I to the contrary, nothing contained herein shall be deemed to
prohibit the owner or occupant of a single-family residential dwelling from trimming,pruning, or
removing any tree located on a lot owned or occupied by such person as a private residence,
provided that at least one tree is retained in the front yard,per Section 8.I.g.
Section 3. The City of Friendswood Code of Ordinances, Appendix C "Zoning," Section
8, "Supplementary district regulations," Subsection L, "Reserved" is hereby amended to read as
follows:
L. Reserved. Screening for Dumpsters and Recycling Storage Containers
1. Dumpsters and Recycling Collection Areas
a. Dumpsters and recycling collection areas shall be located to minimize their visibility
from public streets.
b. Dumpsters and recycling receptacles shall be screened to a height sufficient to screen
the refuse from public view.
c. Dumpsters and recycling collection enclosures shall contain permanent walls on three
(3) sides with the service opening not directly abutting a public sidewalk. The fourth side
shall incorporate enclosure doors.
d. The opening for removal of the dumpster or recycling receptacle for collection is a
minimum of twelve (12) feet to allow for proper access when it is serviced. For every
dumpster added, an additional ten(10) feet in width is required.
Section 4. 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. An owner may take advantage of the changes to the buffering
requirements without the need to provide a revised site plan, by requesting an appropriate permit,
Ord No.2019-05 9
if the requested change is limited solely to the buffering requirements made on the basis of this
Ordinance.
Section 5. REPEAL OF CONFLICTING ORDINANCES.
All ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are
hereby expressly repealed.
Section 6. 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 7. 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 4th day of February, 2019.
PASSED, APPROVED, AND ADOPTED on second and final reading this 4th day of
March,2019.
i eF•
May.
ATTEST: •..•• • ..
• F FRIE'NQ.
0
Melinda Welsh, TRMC • . ••
City Secretary ;N�'.,
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•, �F TE .
Ord No.2019-05 10