HomeMy WebLinkAboutOrdinance No. 2019-07 (An ordinance amending Appendix B "Subdivisions," Section IV, "Parkland Dedication,"
Subsection f, "Additional requirements", Subsection 2, guidelines used in designing parks
and adjacent development, adding Subsection (g), identifying impervious cover
requirements for the open space area.)
ORDINANCE NO. 2019-07
AN ORDINANCE AMENDING APPENDIX B —
"SUBDIVISIONS," SECTION IV, "PARKLAND
DEDICATION," SUBSECTION F, "ADDITIONAL
REQUIREMENTS", SUBSECTION 2, GUIDELINES USED
IN DESIGNING PARKS AND ADJACENT DEVELOPMENT,
ADDING SUBSECTION (G), IDENTIFYING IMPERVIOUS
COVER REQUIREMENTS OF THE OPEN SPACE AREA;
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 B of the Friendswood
City Code, ("Subdivisions")relating to land use and other circumstances, and;
WHEREAS, the City Council wishes to update and revise the requirements for the
development of parks by adding a maximum percentage of allowable impervious cover, as
reflected herein, to maintain the open space 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 B,"Subdivisions",
Section IV, "Parkland Dedication", Subsection f, "Additional Requirements", Subsection 2 is
hereby amended by adding 2(g),to read as follows:
Appendix B
Subdivisions
Section IV. - Parkland dedication.
f. Additional requirements.
1. Any land dedicated to the city under this section must be suitable for park and recreation
uses. The following characteristics of a proposed area are preferred wherever possible:
(a) The city reserves the right to decline any dedication of proposed parkland if it is
determined to be in the best interests of the city.
(b) Park sites should preferably be located so that users are not required to cross
arterial roadways to access them.
(c) Sites should be located adjacent to schools, where possible, in order to encourage
both shared facilities and the potential co-development of new sites.
(d) Sites should be located adjacent to a greenbelt system, where possible, so that
connections to a trail network may be easily achieved.
Ord No.2019-07 2
(e) Sites should not have unusual topography which would render the land unusable for
organized recreational activities where these activities are necessary to the type of park.
(f) Sites should have and retain existing trees or other scenic elements.
(g) Land subject to an easement or a right-of-way shall comprise no more than 25
percent of the total land dedicated under the provisions of this section. In addition, any
land that is subject to an easement or a right-of-way and which is dedicated under this
section must be contiguous with the other area dedicated to the city and must conform
with all other requirements of this section.
(h) All offers of dedication must be accompanied by a phase one environmental study
verifying the absence of conditions which would inhibit or prohibit its future use and
development as park facilities.
2. Parks should be easy to access and be open to public view so as to benefit area
development, enhance the visual character of the city,protect public safety and minimize conflict
with adjacent land uses. The following guidelines should be used in designing parks and adjacent
development:
(a) Where physically feasible, parks should be bounded by streets, or by other public
uses (e.g., school, library,recreation center).
(b) A proposed subdivision adjacent to a park may not be designed to restrict
reasonable access to the park from other area subdivisions. Street or pedestrian
connections to existing and future adjoining subdivisions may be required to provide
reasonable access to parks.
(c) Where a nonresidential use directly abuts a park,the city may require the developer
to construct, at his expense, screening of a minimum height of eight feet. The screened
area must be landscaped on the park side. Access points from the nonresidential use to
the park may be permitted.
(d) Alleys may abut a park, where otherwise allowed by ordinance, but they should not
be designed to encourage motorized traffic to the park.
(e) Streets abutting a park shall be built in accordance with the thoroughfare plan and
the standards of this section, provided, however, the city may require any residential
street built adjacent to a park to be constructed to collector width to ensure access and
prevent traffic congestion, subject to a proportionality review of the impacts generated by
the subdivision, provided, further, that the city may enter into a development agreement
with the subdivider to share the costs of street construction for abutting streets.
Ord No.2019-07 3
(f) Wildlife, existing trees and shrubs on the site shall be preserved to the greatest
extent practicable.
(g) A park shall not have impervious cover exceeding 20 percent of the open space
area.
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. 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,
if the requested change is limited solely to the buffering requirements made on the basis of this
Ordinance.
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.
Ord No.2019-07 4
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.
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Mayor
ATTEST:
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Melinda Welsh, TRMC
City Secretary ; U • JL 0 .
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Ord No. 2019-07 5