HomeMy WebLinkAboutOrdinance No. 2019-18 (Title: An ordinance amending Appendix C "Zoning," "Section 7.I." and "Section 8.N.4."
to allow cement fiber board installed as lap siding in the Downtown District (DD); "Section
8.N.4."to change the fenestration requirements in the Downtown District(DD),and"Section
8.N.4." to restate that service laterals must be installed underground, prohibit garage bay
doors from fronting FM 518 in certain situations,limit exterior building colors to earth tone
colors, require that screening materials match the main structure and add a reference to
dumpster screening requirements, including minor grammatical corrections.)
ORDINANCE NO. 2019-18
AN ORDINANCE AMENDING APPENDIX C — "ZONING,"
"SECTION 7.I." AND "SECTION 8.N.4." TO ALLOW CEMENT
FIBER BOARD INSTALLED AS LAP SIDING IN THE DOWNTOWN
DISTRICT (DD); "SECTION 8.N.4." TO CHANGE THE
FENESTRATION REQUIREMENTS IN THE DOWNTOWN
DISTRICT (DD), AND "SECTION 8.N.4." TO RESTATE THAT
SERVICE LATERALS MUST BE INSTALLED UNDERGROUND,
PROHIBIT GARAGE BAY DOORS FROM FRONTING FM 518 IN
CERTAIN SITUATIONS, LIMIT EXTERIOR BUILDING COLORS
TO EARTH TONE COLORS, REQUIRE THAT SCREENING
MATERIALS MATCH THE MAIN STRUCTURE AND ADD A
REFERENCE TO DUMPSTER SCREENING REQUIREMENTS,
INCLUDING MINOR GRAMMATICAL CORRECTIONS;
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 allow cement fiber board installed as lap siding
in the Downtown District(DD) zoning district; and
WHEREAS, the City Council wishes to change the fenestration requirements in the
Downtown District(DD) zoning district; and
WHEREAS, the City Council wishes to restate that electrical service laterals must be
installed underground,prohibit garage bay doors from fronting FM 518 in certain situations, limit
exterior building colors to earth tone colors, require that screening materials match the main
structure and add a reference to dumpster screen requirements; 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. That the facts and matters set forth in the preamble of this Ordinance are hereby
found to be true and correct.
Section 2. That the City of Friendswood Code of Ordinances, Appendix C, "Zoning",
"Section 7.I. Downtown District (DD), general purpose and description" is hereby amended to
read as follows:
Section 7. - Schedule of district regulations.
I. Downtown District (DD), general purpose and description. The DD, downtown district, is
designed to accommodate and promote the city's original business and downtown areas. It is
intended to achieve a balance of retail, commercial, office, and residential and public activities.
Development within the DD should be pedestrian friendly with an emphasis on shared parking
and shared access between developments. Development within the DD requires the approval of a
development site plan by the Planning and Zoning Commission.
Ord No.2019-18 2
1. Area and height regulations. Structures within the DD are intended to be between
one to four stories. The maximum height allowed is 70 feet as measured in accordance
with the method prescribed in section 20. Additional regulations are set forth under
subsection Q.2 of this section, regulation matrix.
a. No residential use shall be allowed on the first floor.
2. See section 8 for supplementary district regulations.
3. Permitted uses. Uses permitted in the DD are set forth in subsection P of this
section, permitted use table.
4. Buildings in the DD shall have exterior cladding of brick,masonry, stone, stucco or
glass, or lap sided cement fiberboard. Sheet Fiber cement fiberboards/siding are
prohibited, except as trim for eves and overhangs. The Planning and Zoning Commission
may approve alternative exterior facade materials.
Section 3. That the City of Friendswood Code of Ordinances, Appendix C, "Zoning",
"Section 8.N.Downtown District supplemental requirements" is hereby amended to read as
follows:
Section 8.N. Downtown District supplemental requirements.
4. Architectural standards.
a. Buildings in the DD shall have exterior cladding of brick,masonry, stone, stucco.,erglass, or
lap sided cement fiberboard. Sheet Fiber cement fiberboards/siding are prohibited, except as
trim for eves and overhangs. The Planning and Zoning Commission may approve alternative
exterior facade materials.
b. Exterior facades, including the roof, shall be limited to earth tone colors. Color
samples shall be submitted as part of the commercial site plan. Earth tone colors depict the
colors in nature; they include flat and muted shades of brown, green,blue,orange, and some
reds and tans.
ch. 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
Ord No.2019-18 3
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 all upper floor facades.
de. Awnings and canopies are allowed upon approval of the Planning and Zoning Commission.
ed. Fenestration calculations.
(1) Area of ground floor primary wall (front er side) facing ROW x 40 percent =
minimum fenestration.
(2) Area of upper floor x 25 percent=minimum fenestration.
f. Garage bays or other similar large openings designed for automotive or industrial work,
or designed for vehicles to drive into, shall not front FM 518 or FM 2351 within the
Downtown District boundary. This prohibition shall not include drive-thrus such as are
typically found at banks for fast-food establishments. In the event that this requirement
overlaps at an intersection, the architectural requirement regarding garage bays shall apply
only to the frontage on one street as designated on the site plan.
5. Screening.
a. Mechanical equipment, such as roof top equipment, compressors, refrigeration units and
trash enclosures, outside storage, 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. The term "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.
Ord No.2019-18 4
b. The design of walls and other structures located on the same site, including those used
to screen outdoor storage areas, dumpsters, vehicles, etc. shall be constructed of the same
materials as the building on the lot. Cyclone fences are prohibited. Under limited
circumstances, the Planning and Zoning Commission may approve a vinyl coated cyclone
fence.
c. See Section 8.L. for additional dumpster screening requirements.
6. Sidewalks.
a. Each development along FM 2351 and FM 518 shall provide a minimum 15-foot-wide parkway
adjacent to the street right-of-way. The 15-foot parkway must contain an unobstructed brick-paved
sidewalk, as described in Appendix E of the Design Criteria Manual, at least eight feet wide and
a seven-foot wide landscape area.
b. Each development along all other streets within the downtown district shall provide a concrete
sidewalk built in accordance with city standard specifications and shall be a minimum of six feet
in width. Concrete sidewalks shall be built within the street right-of-way and adjacent to the right
of-way lines.
c. If 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.
9. Utilities
All permanent utilities serving the property shall be located underground, at the owner's
expense.
Section 4. That 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,
Ord No.2019-18 5
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 5. That all ordinances or parts of ordinances in conflict or inconsistent with this
Ordinance are hereby expressly repealed.
Section 6. That 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. That 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 6th day of May,2019.
PASSED,APPROVED, AND ADOPTED on second and final reading this 3rd day of
June,2019.
i - Foreman
Mi or
ATTEST: RI 4
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•
Melinda Welsh, TRMC * • A
City Secretary ♦ •.
Ord No.2019-18 6