Ord. 2000-T-23 2016-10-24Ordinance No. 2000-T-23
Ordinance No. 2000T-23 - An ordinance of the City Council of the City of
Pearland, Texas, amending selected provisions of the Unified
Development Code of the City regarding liquor/package stores; cigars,
tobacco or e -cigarettes shops and vaping lounges; having a savings
clause, a severability clause, and a repealer clause; providing for
codification, publication and an effective date.
WHEREAS, on the 26th day of September, 2016, a Joint Public Hearing
was held before the Planning and Zoning Commission and the City Council of the
City of Pearland, Texas, notice being given by publication in the official
newspaper of the City, the affidavit of publication being attached hereto and
made a part hereof for all purposes as Exhibit "A", said call and notice being in
strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 27th day of September, 2016, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City
Council regarding the proposed amendments to the Unified Development Code,
whereby the Commission recommended approval of the amendments, with
condition, said recommendation attached hereto and made a part hereof for all
purposes as Exhibit "B"; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain provisions of the Unified Development Code are
hereby amended as shown in Exhibit "0" attached hereto and made a part hereof
for all purposes.
Section 2. Savings. All rights and remedies which have accrued in
favor of the City under this Ordinance and amendments thereto shall be and are
preserved for the benefit of the City.
Section 3. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the
City's official Code of Ordinances as provided hereinabove.
Section 6. Publication and Effective Date. The City Secretary shall
cause this Ordinance, or its caption and penalty, to be published in the official
newspaper of the City of Pearland, upon passage of such Ordinance. The
Ordinance shall become effective immediately upon final passage.
Page 2 of 6
Ord. No 2000T-23
PASSED and APPROVED ON FIRST READING this the 10nd day of October,
2016.
ATTEST:
NG RFING, MC�
Y SE ' ETARY
TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the
24th day of October. 2016.
ATTEST:
Y NG ORFI
TY SECRETARY
APPROVED AS TO FORM:
^A` 7
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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Page 3 of 6
Ord. No 2000T-23
Exhibit B
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
September 27, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
RE: Recommendation on the Unified Development Code Amendment T-23
Honorable Mayor and City Council Members:
At their regular meeting on September 26, 2016, the Planning and Zoning
Commission considered the following:
Amendment T-23 to the Unified Development Code (UDC).
At the regular meeting of the Planning and Zoning Commission on September
26, 2016, P&Z Commissioner David Isenberg made a motion to recommend
approval of the proposed amendments to the UDC. The motion was seconded by
P&Z Commissioner Marry Starr. Discussion included the positive impact the
CUP process has had in enabling public comment on some uses and the new
lighting standards.
The vote was 5-0 and the motion was approved. Commissioners, Starr, Tunstall.
Pradia, Selsky, and Duncan voted in favor of the proposed changes.
Sincerely,
Martin Griggs, Senior Planner
On behalf of the Planning and Zoning Commission
Page 5 of 6
Ord. No 2000T-23
ORDINANCE NO. 2000-T-23
Exhibit "A"
Exhibit A
Legal Ad
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
Amendments to the Unified Development Code (UDC)
Notice is hereby given that on September 26, 2016 at 6:30 p.m., the City Council
and Planning and Zoning Commission of the City of Pearland, in Brazoria.
Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the
Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas,
on the request of the City of Pearland, for proposed amendments to the Unified
Development Code, Ordinance No. 2000T.
At said hearing, all interested parties shall have the right and opportunity to
appear and be heard on the subject. For additional information, please contact
the Planning Department at 281-652-1765.
Frankie Legaux
City Planner
Page 4 of 11
Ord. No 2000T-22
ORDINANCE NO. 2000-T-23
Exhibit "A"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, Amendment to the UDC, a
true copy of which is hereto annexed was published in said newspapers in its issue(s)
of September 07, 2016.
Sworn to and subscribed before me this ill
c �uivGU4
Notary Public
My commission expires on
Publisher's Representative
day of ()e,4Ak, 2016.
a `i
';, SeP omberl01, 2018s
MARILYN ZARATE
W61GrV Public. Stnta of Texas
Legal Notices
Legal Notices
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
Amendments to the Unified Development Code (UDC)
Notice is hereby given that on September 26, 2016 at 6:30 p.m., the City Council
and Planning and Zoning Commission of the City of Pearland, in Brazoria,
Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the
Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas,
on the request of the City of Pearland, for proposed amendments to the Unified
Development Code, Ordinance No. 2000T.
At said hearing, all interested parties shall have the right and opportunity to
appear and be heard on the subject. For additional information, please contact
the Planning Department at 281-652-1765.
Frankie Legaux
City Planner
ORDINANCE NO. 20000-T-23
Exhibit "C"
Exhibit C
Ordinances Changes
Section 2.5.2.1 The Land Use Matrix - Addition of new category
Use
Residential Zoning Districts
Mixed Use Districts
Old Town
Non -Residential Zoning
Districts
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Description— A retail sales establishmcn princ'pal y for the retail sales of alcoholic beverages to the general public for off -
premise consumption that requires a Package Store Permit from the Texas Alcoholic Beverage Commission to operate.
Parking: One space per 200 square feet of gross floor area.
Section 2.5.2.1 The Land Use Matrix - Amendment to existing category
Use
Residential Zoning Districts
Mixed Use Districts
Old Town
Non -Residential Zoning
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Description— A shop that specializes in the sale of cigars or other tobacco products including e -cigarettes and vaping
lounges.
Parking: One space per 200 square tcet of gross floor area.
Page 6 of 6
Ord. No 2000T-23