HomeMy WebLinkAboutOrdinance No. 2021-28ORDINANCE NO., 2021-28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AMENDING APPENDIX C,
ZONING ORDINANCE SECTION 7.P.6. PERMITTED USE
TABLE TO ALLOW NAICS USE 4524 INSURANCE
CARRIERS AND RELATED ACTIVITIES, #541
PROFESSIONAL, SCIENTIFIC AND TECHNICAL
SERVICES, #551 MANAGEMENT OF COMPANIES AND
ENTERPRISES, AND #561 ADMINISTRATIVE AND
SUPPORT SERVICES AS "PERMITTED" IN THE
INDUSTRIAL (I) ZONING DISTRICT; AMEND SECTION
8.I.2.PERIMETER LANDSCAPING AND SCREENING TO
ALLOW THE COMMISSION TO CONSIDER ALTERNATE
SCREENING PLANS FOR USES INTERIOR TO A COMMON
DEVELOPMENT; SECTION 8.J.C. LIGHTING AND GLARE
TO INCREASE THE FOOT-CANDLES ALLOWED
INTERIOR TO COMMON DEVELOPMENTS; SECTION 7.5
COMMUNITY OVERLAY DISTRICT (COD) BOUNDARY TO
REDUCE THE COD BOUNDARY ON FM 2351 FROM 300
FEET TO 150 FEET FROM BEAMER ROAD TO CLEAR
CREEK; AND SECTION 20. DEFINITIONS TO ADD A
DEFINITION OF COMMON DEVELOPMENT.
* * * * * * * * * *
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, City Council finds it necessary to amend various zoning regulations to promote
the development of industrial properties located on FM 2351 near Beamer Road; 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
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; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, 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" to allow NAICS uses #524 Insurance carriers and related
activities, #541 Professional, scientific and technical services, #551 Management of companies
and enterprises, and #561 Administrative and support services as "Permitted" in the Industrial (I)
zoning district is hereby amended as indicated below:
6. Permitted Use Table
2017 NAICS
SFR
MFR-
MFR-
MFR-
MFR-
MHR
CSC
NC
LNC
OPD
DD
A-
Ll
1
BP
Industry Descriptions
and
GHD
L
M
H
1
SFR-
E
52
Finance and Insurance
524
Insurance carriers
P
P
P
P
P
P
P
and related activities
54
Professional, Scienti is and Technical Services
541
Professional,
P
P
P
P
P
P
P
scientific and
technical services
55
Management of Companies and Enter rises
551
Management of
P
P
P
P
P
P
P
companies and
enterprises
56
AdministrationlSupport Waste Mana ement/Remediation Services
561
Administrative and
P
P
O
P
P
P
P
support services
Ord. No. 2021-28
Section 3. That the City of ]Friendswood Code of Ordinances, Appendix C, "Zoning,"
"Section 8.I.2. Perimeter Landscaping and Screening" to allow the Commission to consider
alternate screening plans for uses interior to a common development is hereby amended as
indicated below:
2. Perimeter landscaping and screening.
a. Adjacent property, buffer maintenance and installation.
(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
Ord. No. 2021-28
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.
The commission may consider alternate screening plans for uses interior
to a com„ion development.
erection 4. That the City of Friendswood Code of Ordinances, Appendix C, `Zoning,"
"Section 8.J.c. Lighting and glare" to increase the foot-candles allowed interior to common
developments is hereby amended as indicated below:
C. Lighting and glare.
(i) Prohibited. It shall be unlawful for any person to cause or permit to be
energized on property under his possession or control any lighting, including, but not
limited to, spotlights, floodlights or similar illuminating devices which project a glare or
brightness, in excess of the standards described below, directly or indirectly upon any lot,
tract, or parcel of land, other than that upon which such lighting is situated, which shall
annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others,
within the limits of the city.
(ii) Permitted. All lighting in the city consisting of spotlights, floodlights, or
similar illuminating devices shall be installed, hooded, regulated and maintained by the
owner or person in control thereof in such a manner that the direct beam of any such light
shall be oriented so that it will not glare upon any lot, tract, or parcel of land other than that
upon which it is situated and so that it will not cause or permit any illumination from direct
or indirect lighting in, on, or over the ground at or beyond the boundary of the lot, parcel,
or tract above the following levels:
1. One footcandle where the adjacent development is zoned for nonresidential uses.
2. Twenty-five hundredths (0.25) footcandle where the adjacent development is
zoned for residential uses.
Ord. No. 2021-28
(iii) Shielding required All exterior light sources visible to pedestrian or
vehicular off -premises traffic are required to be shielded, except as provided below, so that
the light source is not visible to said pedestrian or vehicular traffic. Lights elevated on
standards, for example in parking areas, shall be side -shielded on pedestrian or off -premises
vehicular travel sides. Lighting mounted on low standards (such as bollard lights) is the
preferred method for illuminating smaller parking areas and walkways.
(iv) Exceptions.
(1) Unshielded lighting facing pedestrian or off -premises vehicular sides of the
property shall be permitted, provided the light source is not in excess of 1,700 lumens.
(2) Historical -style or architectural lighting visible to pedestrian or vehicular
off -premises traffic shall be permitted, provided that the fixture or fixtures does not cause
or permit any illumination in, on, or over the ground at or beyond the boundary of the lot,
parcel, or tract above the following levels:
a. One footcandle where the adjacent development is zoned for nonresidential
uses.
b. Twenty-five hundredths (0.25) footcandle where the adjacent development
is zoned for residential uses.
(3) Common developments. The maximum footcandle allowed at an
interior lot line shall not exceed five footcandles. Each phase of development must
comply with lighting requirements applicable to exterior lot lines.
(v) Compliance required. This appendix shall apply for all new facilities upon
adoption and publication as required by law. All existing facilities with lighting in place on
the date of adoption shall comply with the requirements herein within 24 months after the
effective date of the ordinance from which this appendix is derived by installing shielding,
redirecting lights, or other steps necessary for compliance. The commission may grant a
one-time extension of up to an additional 24 months if the property owner or agent can
demonstrate hardship, including undue expense related to the time requirement for facilities
replacement. Further, existing publicly owned facilities shall be required to comply with
the requirements herein at such time as the facilities undergo renovation to the exterior or
where overall renovation exceed 50 percent of the costs of construction of the existing
Ord. No. 2021-28
facilities. Welding, new construction and repairs of facilities shall be exempt from these
regulations, provided, however, that no requirements will be imposed in derogation of
federal or state safety and health regulations.
Section 5. That the City of Friendswood Code of Ordinances, Appendix C, "Zoning,"
"Section 7.5 Community Overlay District" to reduce the COD boundary on FM 2351 from 300
feet to 150 feet from Beamer Road to Clear Creek is hereby amended as indicated below:
2. Boundaries. The boundary of the COD shall be parallel to the thoroughfare right-
of-way to include nonresidential properties within 300 feet from the right-of-way.
If any portion of such property is within 300 feet, the entire tract is subject to the COD
requirements.
a. Exception: The COD boundary shall be limited to a depth of 150 feet
abutting FM 2351 from Beamer Road to Clear Creek.
Section 6. That the City of Friendswood Code of Ordinances, Appendix C, "Zoning,"
"Section 20. Definitions" to add a definition of "common development" is hereby amended as
indicated below:
Cluster housing development means a residential development containing attached
or detached units on a limited portion of land with the remaining land areas consolidated
into common open space areas.
Common development means two or more business establishments developed
under a common plan which may utilize shared driveways and onsite parking
facilities, including, but not limited to, shopping centers, office complexes, business
parks, and industrial parks.
Comprehensive plan means graphic and textual form policies which govern the
future development of the city and which consist of various components governing specific
geographic areas and functions and services of the city.
Section 7. 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
Ord. No. 2021-28
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 8. That all ordinances or parts of ordinances in conflict or inconsistent with this
Ordinance are hereby expressly repealed.
Section 9. 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 10. 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 13th day of SEPT EIMABER, 2021.
Ord. No. 2021-28
PASSED, APPROVED AND ADOPTED on second and final reading this 4th day of
OCTOBER, 2021.
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APPROVED AS TO FORM:
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MARY 61cy FI R, City Attorney
Ord. No. 2021-28