The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 2021-04ORDINANCE NO.2021-04 AN ORDINANCE AMENDING APPENDIX C ZONING ORDINANCE "SECTION 7.P.6. PERMITTED USE TABLE" TO ALLOW LESS DENSE RESIDENTIAL USES IN HIGHER DENSE RESIDENTIAL DISTRICTS BY DEFINING RESIDENTIAL USES IN THE TABLE AND AMENDING "SECTION 7. B. (R-2 AND R-3) MFR-L, RESIDENTIAL, GENERAL PURPOSE AND DESCRIPTION," "SECTION 7.C.(R-4) MFR-M, RESIDENTIAL, GENERAL PURPOSE AND DESCRIPTION," AND "SECTION 7.D.(R-5) MFR-H, RESIDENTIAL, GENERAL PURPOSE AND DESCRIPTION" TO REQUIRE THE LESS DENSE RESIDENTIAL USE LOCATED IN HIGHER DENSE RESIDENTIAL DISTRICTS TO MEET THE DISTRICT REGULATIONS OF THE LESS DENSE DISTRICT; PROVIDING A PENALTY FOR VIOLATION IN AN AMOUNT NOT TO EXCEED $2,000, 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 finds it necessary to allow less dense residential uses in higher dense residential districts; and WHEREAS, the less dense use should abide by the regulations of the less dense district; 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 public hearings 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.P.6. Permitted Use Table" is hereby amended by inserting the following table prior to the existing table: SFR and MFR- MFR- MFR- MFR- Residential Uses A- j LNC QPD MHR CSC I NC DD Ll I BP SFR- GHD M H E P Single Family Residence P Multi -Family Residence - Garden P Home Multiple Family Residence — Low P P P D J, Multiple -Family Residence — P P Medium Density f Multiple -Family Residence — High I P Density Mobile Home Residence f P Ord No 2021-04 2 Section 3. That the City of Friendswood Code of Ordinances, Appendix C, "Zoning", "Section 7. B. (R-2 and R-3) MFR-L, residential, general purpose and description," "Section 7.C.(R-4) MFR-M, residential, general purpose and description," and "Section 7.D.(R-5) MFR-H, residential, general purpose and description" is hereby amended to read as follows: B. (R-2 and R-3) MFR-L., residential, general purpose and description. The MFR-L, Multiple -Family Residential Dwelling —Low -Density District, is intended to provide for lowest -density multiple -family dwellings which may have a relatively intense concentration of dwelling units served by large open spaces consisting of common areas and recreation facilities, thereby resulting in a maximum density of six dwelling units per acre. The principal use of land may be one or several dwelling types, including multiple -family dwellings, and including two-family dwellings, garden apartments, condominiums and townhouses Recreational, religious and educational uses normally located to service adjacent residential areas are also permitted to meet the basic needs of a balanced, orderly, convenient, economical and attractive residential area. The multiple -family residential dwelling district low functions as a buffer or transition between commercial or higher density residential areas and lower density areas. The intent of these regulations is to allow development of property which may have a limited area suitable for residential development due to a portion of the property being flood -prone or adjacent to a district of a different zoning designation. 1. Area and height regulations. Area and height regulations in an MFR-L district are set forth in subsection Q.2 of this section, regulation matrix, provided, however, that for SFR uses permitted in MFR-L districts, all the district regulations for SFR development shall apply, including but not limited to lot area, width and set -back requirements. 2. See section 8 for supplementary district regulations. 3. Reserved. 4. Permitted uses. Uses permitted in an MFR-L district are set forth in subsection P of this section, permitted use table. C. (R-4) MFR-M, residential, general purpose and description. The MFR-M, Multiple - Family Residential Dwelling —Medium -Density District, is intended to provide for medium -density multiple -family dwellings which may have a relatively intense concentration of dwelling units, up to nine per acre, served by large open spaces consisting of common areas and recreation facilities, thereby resulting in medium gross densities. The principal use of land may be one or several dwelling types, including low-rise multiple -family dwellings, garden apartments, condominiums and townhouses Recreational, religious and educational uses normally located to service adjacent residential areas are also permitted to meet the basic needs of a balanced, orderly, convenient, economical and attractive residential area. The MFR-M, multiple - family residential district, functions as a buffer or transition between commercial or higher -density residential areas, and lower -density residential areas Ord No. 2021-04 1 Multifamily residential area and height regulations. Area and height regulations in an MFR-M district are set forth in subsection Q.2 of this section, regulation matrix, provided, however, that for IVIFR-L uses permitted in MFR-M districts, all the district regulations for IVIFR-L development shall apply, including but not limited to lot area, width and set -back requirements. 2 See section 8 for supplementary district regulations 3. Reserved. 4 Permitted uses. Uses permitted in an MFR-M district are set forth in subsection P of this section, permitted use table. C1. MFR-GHD, garden home residential, general purpose and description. The GHD, Garden Home Residential District, is intended to provide multifamily low -density dwelling units having open space between units which exceed existing normal multifamily buildings, with density not exceeding six units per acre. The intent of these regulations is to allow development of property which: (1) May have limited area suitable for residential development due to geographical limitations; (2) Have portions of the property subject to flooding; or (3) Is located adjacent to a district of a different zoning designation, and for which the development as MFR-GHD would be appropriate as a buffer between incompatible land uses. The interior living area of the first floor of any two-story residential structure in MFR-GHD shall contain not less than 60 percent of the structure's total living area, and not more than 40 percent of the structure's total living area shall be contained on the second floor, excluding open decks, porches, terraces and garages. D. (R-5) MFR-H, residential, general purpose and description. The MFR-H, Multiple - Family Residential Dwelling Highest -Density District, is a residential district intended to provide for the highest residential density ranging up to 12 dwelling units per acre. The principal use of land in the district is for a wide variety of dwelling types, including low-rise multiple -family dwellings, garden apartments, condominiums, and townhouses and, subject to a specific use permit, high-rise apartments. Recreational, religious, health and educational uses normally located to service residential areas are permitted in this district in order to provide the basic elements of a balanced, orderly, convenient, and attractive residential area. The MFR-H district is usually located adjacent to the major street and serves as a buffer or transition between commercial development or heavy automobile traffic and medium -density residential development. Area and height regulations Area and height regulations in an MFR-H district are set forth in subsection Q.2 of this section, regulation matrix, provided, however. that for IVIFR-L and MFR-M uses permitted in IVIFR-H districts, all the district regulations for IVIFR-L and MFR-M development shall apply,. including but not limited to lot area, width and set -back requirements. Ord No 2021-04 4 2. See section 8 for supplementary district regulations. 3. Reserved. 4. Permitted uses. Uses permitted in an MFR-H district are set forth in subsection P of this section, permitted use table. 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, 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 1st day of February 2021* PASSED, APPROVED, AND ADOPTED on second and final reading this 1st day of March 2021. .00� ATTEST: Ord No 2021-04 5 f`• s sib to Melinda Welsh, TRMC AIN f City Secretary r r��. _ ., 0 ' � t • 4 } • • OF .- � • f Ord No. 2021-04