HomeMy WebLinkAboutOrdinance No. 2022-06 ORDINANCE NO. 2022-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AMENDING APPENDIX C, "ZONING," SECTION
7 "SCHEDULE OF DISTRICT REGULATIONS," SUBSECTION J "PUD,
PLANNED UNIT DEVELOPMENT, GENERAL PURPOSE AND
DESCRIPTION" OF THE FRIENDSWOOD CITY CODE TO ADD CRITERIA
TO QUALIFY FOR A PUD, DECREASE THE PERCENTAGE OF
ALLOWABLE CHANGE IN LAND USE, ADD AN EXPIRATION OF TWO
YEARS, AND ADD STANDARDS FOR REVOCATION; PROVIDING A
MAXIMUM PENALTY OF TWO THOUSAND AND N0/100 DOLLARS
($2,000.00); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY, PUBLICATION AND AN EFFECTIVE DATE.
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 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 Appendix C "Zoning," Section 7 "Schedule of district regulations,"
Subsection J "PUD, Planned Unit Development, general purpose and description" of the
Friendswood City Code is hereby amended as indicated below:
APPENDIX C. ZONING
Section 7. Schedule of district regulations.
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 RMIanning and z[Z-}oning cjC—}ommission and city council determine that
the applicant has submitted a complete application containing sufficient detail. An
applicant is not entitled to a PUD as a matter of right. The city reserves the right to
establish conditions as determined appropriate.
(b) The enteral purposes of all PUD districts are several-fold:
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
cityby 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; or
7. To promote economic development in accordance with the city's plans for
such.
(c[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 ae
speeifzeally -mser-iaed in a—r-ez o-ai„ ee for- PUD, all desi,.-.. n
development st..,.,.1..rds shall apply to all land development within a-P P rlistcin__ti]
For the PUD district, the use and property development regulations shall be the
same as if each use approved in the PUD were situated in the most restrictive district
in which such use is otherwise permitted in this ordinance,unless other restrictions
and regulations are approved as a part of the site plan and the PUD district.
kd)_Tbe 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.
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(e) A PUD district must meet a minimum of one of the following criteria.The planning
and zoning commission may recommend, and city council may determine, that
more than one criterion is needed to approve a PUD.
1. The land is proposed for development as a mixed-use development requiring
more flexible and innovative design standards;
2. The land is proposed for redevelopment or infill development and special
design considerations are deemed necessaryL
3. The land serves as transition between different and seemingly incompatible
land uses;
4. The land is proposed for development of a major employment center. or of
major economic benefit for the community, and for which special design
standards may be warranted;
5. To provide amenities or features that would be of a special benefit to the
community,, or
6. The land has unique environmental features or unusually configured parcels
requiring a more flexible approach to zoning and clustering of uses, or special
design standards;
[/ The generpurposes of all PUD ilistriets are seyerab_�olcl
unified designand development of tr ets of land atin
2. Ta mEomm date-inns cation in development by modifying the esitcr y's land use
and development r-egulati
Z To provide for-and p oteet the nhlie health aF t, and general welfare of the
city by aas„-inn quality develop...-..., ^aEEor-danEewith the--Eity!S
eo rehepsiye plan and other-related goals;
ipaet of developments, espeeially these related to
ff; and b.l e .l .1 f:, '1'ties•
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C To prateet and enhance the aesthetic and visual q ,alities of deayealopment;
6. To provide development of sites i a ,itable f:,shion when s eh development
7 Topromote e e development i aeeordanrae with the eit y's plans for
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(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
p[P]lanning and z[Z]oning c[E]ommission and [E]city c[E]ouncil in accordance
with the notification procedure set forth for a rezoning application. Following the
public hearing, the p[P-]lanning and [Z]zoning c[E]ommission shall forward the
plan with its recommendation to the city council for consideration. The [P]planning
and zRoning clC- ommission and/or c gity 4GIouncil 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;
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(j) Regulation matrix designating what zoning district the development will
follow; and
(k) Data describing any variation from the typical development requirements;
or
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 featured Detention and/or retention areas may be calculated
as open space only when, in the opinion of the planning and zoning
commission, the detention area is designed to act as an amenity,
(c) Statement indicating proposed phasing of development and the projected
timing 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; and
(f) 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 10 2-5
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
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require the owner to submit an application for an amendment to the district
standards.
(4) Time limit. A planned unit development issued under this section shall expire two
years after its date of issuance if the construction or use authorized thereunder is not
substantial and is not providing consistent progress prior to the expiration of said two-
year period; provided, however, if,prior to the expiration of such two-year period,the
owner of property to which a PUD applies requests, in writing, an extension thereof,
the city council,after recommendation from the planning and zoning commission,may
approve such extension for not more than two additional years. The PUD zoning will
remain in place, however, and a new application, fee, and development plan must be
submitted in accordance this section. The new submittal must be approved for any
construction to occur.
(5) Revocation. A PUD may be revoked or modified, after notice and hearing, if the PUD
was obtained or extended by fraud or deception or if the terms of the PUD have not
been met.
Section 3. That this ordinance is hereby incorporated and made a part of the
Friendswood City Code of Ordinances. A 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 4. That all ordinances or parts of ordinances in conflict or inconsistent with
this ordinance are hereby expressly repealed.
Section 5. 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 6. 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 YP thi day f ch, 2022.
IKE F MAN, ayor
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ATTEST:
O VR►E/��S
LETICIA BRYSCH, City Secre ary A-�. <;,:. �
APPROVED AS TO FORM:
��qTF CO O F TE�P
HORNER, City Attorney
PASSED, APPROVED and ADOPTED on second and final reading this 4 h day of
April, 2022.
M FORE N, Mayor
AT T:
L TICIA BRYSCH, Ci ecretary F?UEN
APPROVED AS TO FORM: '"t
�v S
Lc'u
KAREN HORNER City Attorney