Loading...
HomeMy WebLinkAboutOrdinance No. 2019-19 (Title: An ordinance amending Appendix C "Zoning," "Section 8.N.8. Adjacent property, buffer maintenance and installation" duplicating requirements for buffering from "Section I.2. Perimeter landscaping and screening;" and amendments to "Section 8.N.3. Parking" duplicating requirements for parking from "Section I.2.c. Off-street parking landscaping;" and relocating language PUD modification from "Section B.H. Modification of standards proposed within a PUD" to "Section 7.J. PUD, planned unit development, general purpose and description," including minor grammatical corrections.) ORDINANCE NO. 2019-19 AN ORDINANCE AMENDING APPENDIX C — "ZONING," "SECTION 8.N.8. ADJACENT PROPERTY, BUFFER MAINTENANCE AND INSTALLATION" DUPLICATING REQUIREMENTS FOR BUFFERING FROM "SECTION I.2. PERIMETER LANDSCAPING AND SCREENING;" AND AMENDMENTS TO "SECTION 8.N.3. PARKING" DUPLICATING REQUIREMENTS FOR PARKING FROM "SECTION I.2.C. OFF- STREET PARKING LANDSCAPING;" AND RELOCATING LANGUAGE PUD MODIFICATION FROM "SECTION B.H. MODIFICATION OF STANDARDS PROPOSED WITHIN A PUD" TO "SECTION 7.J. PUD, PLANNED UNIT DEVELOPMENT, GENERAL PURPOSE AND DESCRIPTION," 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, Zoning Ordinance Section I. contains landscaping requirements for various zoning districts, and City Council wishes to duplicate requirements for buffering and parking that apply to the Downtown District (DD) to Section 8, which includes the supplemental regulations for the Downtown District (DD); and WHEREAS,City Council wishes to relocate language regarding the modifications process for a Planned Unit Development(PUD) to the correct location within the Zoning Ordinance; 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 8.N.Downtown District supplemental requirements." is hereby amended to read as follows: 7. Parkways and landscaping. a. The 15-foot parkway required along FM 2351 and FM 518, which runs parallel and adjacent to each street's back of curb, includes a seven-foot landscape area. This area shall be reserved for amenities, such as street furniture, lighting and landscaping, and may include grass, brick pavers or other decorative material as approved by the Planning and Zoning Commission. (1) Trees shall be provided every 25 linear feet. Trees used in the 15-foot parkway shall be Class 2 or Class 3 trees from the city's qualified tree list, and other landscaping material such as bushes and/or groundcover may be used. The tree and landscaping material shall Ord No.2019-19 2 be maintained in living condition. One-half of the trees shall have a minimum caliper of four inches and one-half shall have a minimum caliper of two inches. Existing qualified trees may be counted toward fulfillment of this requirement provided that the size, species, and guaranteed duration shall meet the criteria of the landscaping section of this appendix. (Clustering of trees shall be permitted; provided, however, clustering shall not reduce the number of required trees, and trees shall not be clustered so as to lessen the survival rate of other trees.) (2) Amenities shall be provided in accordance with the design criteria manual, Exhibit E, Downtown District Amenities. A minimum of two lights and two benches are required within the 15-foot parkway of each development. All provided amenities shall be permanently maintained by the property owner, including the brick-paved sidewalks. b. Developments along all other streets within the downtown district shall have a minimum ten- foot landscaped buffer located on private property and not less than one tree, whether existing or planted, shall be planted and maintained for each 25 lineal feet or portion thereof. Each such tree 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. Alternate sidewalk, landscape and amenity designs specific to the site or the function of the development within the downtown district may be considered by the Planning and Zoning Commission if it determines that the proposed alternative sidewalk is not narrower than six feet and provides, respectively: (i) Equal or better pedestrian access to and along the development property; (ii) Equal or enhanced landscape beautification for the development; or (iii) Equal or better design amenities than otherwise required herein. d. See Section 8.I. for additional information on maintenance and preservation of trees. 8.Adjacent property, buffer maintenance and installation. a. When a commercial use is established on a lot or premises located adjacent to any residential zoning district, a ten-foot in width landscaped open space buffer strip shall be Ord No.2019-19 3 installed and maintained by the owner, developer or operator of the commercial property between it and the adjacent protected property. b. 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 Planning and Zoning 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, with Planning and Zoning Commission approval. c. 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 Planning and Zoning 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 Planning and Zoning 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. d. 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. Section 3. That the City of Friendswood Code of Ordinances, Appendix C, "Zoning", "Section 8.N.3.Parking" is hereby amended to read as follows: Appendix C, Zoning Ord No.2019-19 4 3. Parking h. 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. i. All planted islands shall have curbs of sufficient height and width to contain the planted island. j. 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. k. 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. 1. 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. m. 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. n. All plants shall receive proper irrigation to encourage deep root growth and survivability. Ord No.2019-19 5 Section 4. That the City of Friendswood Code of Ordinances, Appendix C, "Zoning", "Section 8.H. Modification of standards proposed within a PUD" is hereby amended to read as follows: Section 8. Supplementary district regulations. H. Reserved. ' ' . • • • theAiats+int atardarda Section 5. That the City of Friendswood Code of Ordinances, Appendix C, "Zoning", "Section 7.I.J. PUD, planned unit development, general purpose and description" is hereby amended to read as follows: J. PUD,planned unit development, general purpose and description. (1) General. (a) This district allows for greater flexibility in the design and coordination of a single use or mixed uses than in other districts because a specific ordinance is written for every PUD. A PUD is a unique zoning classification, and shall be granted only when the Planning and Zoning Commission and city council determine that the applicant has submitted a complete application containing sufficient detail. An applicant is not entitled Ord No.2019-19 6 to a PUD as a matter of right. The city reserves the right to establish conditions as determined appropriate. (b) In no case shall a PUD be used for the sole purpose of circumventing the intent of city ordinances or plans. Unless standards for elements of site design are specifically described in a rezoning ordinance for a PUD, all design and development standards shall apply to all land development within a PUD district. The development must be planned as an integral unit and must protect nearby landowners from adverse impact with appropriate buffering and landscaping. A site plan is required for all PUDs. The general u oses of all PUD districts are several-fold: (c) purposes 1. To encourage unified design and development of tracts of land incorporating a variety of uses, including, but not limited to, residential, commercial, office, and institutional; 2. To accommodate innovation in development by modifying the city's land use and development regulations; 3. To provide for and protect the public health, safety and general welfare of the city by assuring quality development in accordance with the city's comprehensive plan and other related goals; 4. To minimize the negative impact of developments, especially those related to drainage, environment,traffic, and a public services and related facilities; 5. To protect and enhance the aesthetic and visual qualities of development; 6. To provide development of sites in a suitable fashion when such development is restricted by such factors as site location and shape; 7. To promote economic development in accordance with the city's plans for such. (2) Application. (a) Application and approval process. A development review committee meeting with staff is_required prior to application for a PUD. Following the DRC meeting,the applicant will submit all required documents described below to city staff for comments and corrections prior to scheduling the public hearing. (b) Each PUD application shall be accompanied by payment for the processing fee as established in section 14. Advertisement and public hearings shall be held by the Ord No.2019-19 7 Planning and Zoning Commission and City Council in accordance with the notification procedure set forth for a rezoning application. Following the public hearing,the Planning and Zoning Commission shall forward the plan with its recommendation to the city council for consideration. The Planning and Zoning Commission and/or City Council may require additional information throughout the process. (c) An applicant may choose one of two ways to seek PUD approval: 1. Submit all items listed below with the application and the required processing fee for rezoning. This option would allow the site plan to be approved as a part of the zone change and prevent the applicant from a second submittal after rezoning to obtain site plan approval. (a) Data describing all processes and activities involved with the proposed use; (b) Boundaries of the area covered by the site plan; (c) The location of each existing and proposed building and structure in the area covered by the site plan and the number of stories, height, roofline, gross floor area and location of building entrances and exits; (d) The location of existing drainage ways, and significant natural features; (e) Proposed landscaping and screening buffers; (f) The location and dimensions of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities and outside trash storage facilities; (g) The location, height and type of each wall, fence, and all other types of screening; (h) The location, height and size of all proposed signs; (i) Utility and drainage plans; (j) Regulation matrix designating what zoning district the development will follow; (k) Data describing any variation from the typical development requirements; or Ord No.2019-19 8 2. Submit a conceptual plan with the application and the required processing fee for rezoning. This option will require the applicant to apply for site plan approval at a later date if the zone change to PUD is approved. At the time of site plan approval all information contained in the conceptual plan shall be certified by an engineer and/or surveyor. The conceptual plan shall provide the following information: (a) General land use and density plan; (b) Identify proposed general uses, densities, major open spaces, circulation and access features; (c) Statement indicating proposed phasing of development and the ro'ected timing J of each; (d) Data describing all processes and activities involved with the proposed use; (e) Regulation matrix designating what zoning district the development will follow; if) Data describing any variation from the typical development requirements. (3) Modification of standards proposed within a PUD. (a) Following adoption of a PUD ordinance pursuant to this section, all subsequent plans prepared for the development or any portion of the property within a PUD must substantially conform to the approved plan in accordance with the standards of the PUD ordinance, this section, and all other applicable ordinances of the city. (b) The city recognizes that market conditions may alter the development of a large PUD and hereby provides that alterations in the land area or square footage, as appropriate, covered by a category of use, may be varied by not more than 25 percent. In no case shall such variations change traffic or circulation patterns, substantially alter the number or arrangement of buildings, increase the height of buildings, lessen the amount or effectiveness of open space or landscaped buffers, or result in a greater impact on adjacent properties or neighborhoods. Percentage changes specified herein shall be the maximum change allowed; multiple changes exceeding those percentages shall not be approved administratively, but shall Ord No.2019-19 9 require the owner to submit an application for an amendment to the district standards. Section 6. 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, 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 7. That all ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are hereby expressly repealed. Section 8. 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 9. 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. Ord No.2019-19 10 PASSED,APPROVED,AND ADOPTED on second and final reading this 3rd day of June, 2019. Mike Fo 'man Mayor ATTEST: *wr,,%c, 5 le: .., d r Melinda Welsh, TRMC v City Secretary , • . Fe . rw Ord No.2019-19 11