Ord. 2000-T-25 2017-06-26Ordinance No. 2000-T-25
An ordinance of the City Council of the City of Pearland, Texas, amending
selected provisions of the Unified Development Code of the City regarding
Studio or Learning Center for Fine Arts or Performing Arts; Food Trucks at
Micro-Brewery/Micro-Distillery/Micro-Wineries; Signage Lighting Around
Windows; and Exterior Building Design Requirements for Metal Bars on
Windows; having a savings clause, a severability clause, and a repealer
clause; providing for codification, publication and an effective date.
WHEREAS, on the 15th day of May, 2017, 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 16th day of May, 2017, 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 "C" 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herewith are hereby repealed but only to the extent of such conflict.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.
PASSED and APPROVED ON FIRST READING this the 12th day of June, 2017.
TOM REID
MAYOR
Page 2 of 12
Ord. No 2000T-25
ATTEST:
UNG •RFING
ITY S RETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the
26th day of June, 2017.
ATTEST:
UNG/•RFING,
TY S CRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
��UyyLp&.2.„
TOM REID
MAYOR
A
Page 3 of 12
Ord. No 2000T-25
1000•.-:--139779 CITY OF PEARLAND - PLANNING Page 1
Houston Chronicle
CLASSIFIEDS
Hrs. MEDIA
Cap GROUP
NeAA$Ttarpw,i/tnn
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
Ordinance No. 2000-T-25
Exhibit "A"
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared, the Newspaper Representative at the HOUSTON CHRONICLE, a daily newspaper
published in Harris County, Texas, and generally circulated in the Counties of: HARRIS, TRINITY,
WALKER, GRIMES, POLK, SAN JACINTO, WASHINGTON, MONTGOMERY, LIBERTY, AUSTIN,
WALLER, CHAMBERS, COLORADO, BRAZORIA, FORT BEND, GALVESTON, WHARTON.
JACKSON, and MATAGORDA and that the publication, of which the annexed herein, or attached to, is a
true and correct copy, was published to -wit:
CITY OF PEARLAND - PLANNING
RAN A LEGAL NOTICE
SIZE BEING: 2 x35 L
Product
CNPC-Pasadena Citizen
CNBA-Bay Area Citizen
CNDP-Deer Park Broadcaster
CNFJ-Friendswood Journal
CNPJ-Pearland Journal
0000139779
HC034270320
Date
Apr 26 2017
Apr 26 2017
Apr 26 2017
Apr 26 2017
Apr 26 2017
Class
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Page
Cm
NEWSPAPER REPRESENTA3tVE
sr, /f• N ,
Sworn and subscribed to before me, this 29th Day of April A.D. 2017
Notary Public in and for the State of Tex;
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00Ga139779 CITY OF PEARLAND - PLANNING Page 2
Houston Chronicle
CLASSIFIEDS
To Be Published in the
PEARLAND JOURNAL
Wednesday, AprII 26, 2017
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 May 15. 2017 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 Develop-
ment 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 Depart-
ment at 281-652-1765.
Martin Griggs
Senior Planner
Exhibit A
Legal Ad
To Be Published in the
PEARLAND JOURNAL
MfedneedaydkprIIi 26, 2017
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 May 15, 2017 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 Develop-
ment 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 Depart-
ment at 281-652-1765.
Martin Griggs
Senior Planner
Page 4 of 12
Ord. No 2000T-25
Exhibit B Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
May 16, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
RE: Recommendation on the Unified Development Code Amendment T-25
Honorable Mayor and City Council Members:
At their regular meeting on May 15, 2017, the Planning and Zoning Commission
considered the following:
Amendment T-25 to the Unified Development Code (UDC).
At the regular meeting of the Planning and Zoning Commission on May 15, 2017,
P&Z Commissioner Daniel Selsky made a motion to recommend approval of the
proposed amendments to the UDC. The motion was seconded by P&Z
Commissioner Marry Starr.
The motion passed by a vote of 5-0. P&Z Chairperson Daniel Tunstall, P&Z
ViceChairperson Thomas Duncan, and P&Z Commissioners David Selsky, Mary
Starr, and Ginger McFadden voted in favor of the proposed changes.
Sincerely,
Martin Griggs, Senior Planner
On behalf of the Planning and Zoning Commission
Page 5 of 12
Ord. No 2000T-25
Exhibit C
Ordinances Changes
Proposed Changes to the Unified Development Code (UDC)
Additions are shown as underlined text, deletions are shown as strike -outs, and yellow
highlights show text changes after the Joint Public Hearing.
Once these changes are approved by the City Council at the first reading, staff will
review the UDC and delete or add cross references to existing sections that are in
conflict with the proposed requirements.
Chapter 2
Section 2.5.2.1 The Land Use Matrix — Amendment to existing categories
Use
Residential Zoning Districts
Mixed Use Districts
Old
Town
Non Residential Zoning
Districts
Studio or
Learning
Center for
Fine or
Performing
Arts
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BP -288
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Description: An establishment that allows for the tutoring of individuals in a variety of functions Examples
include martial arts studio, dance or drama studio or tutoring center and learning centers. Sale of musical
instruments, sheet music, and accessory equipment may be provided as an accessory use.
Parking: One space per 200 square feet of gross floor area.
Page 6 of 12
Ord. No 2000T-25
Use
Residential Zoning Districts
Mixed Use
Districts
Old
Town
Non -Residential
Zoning Districts
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Descripfon• A facility in which
beer, wine, or other alcoholic beverages are brewed, fermented, or
distilled for distribution and consumption, and which possess the appropriate licenses from the
state of Texas. These are typically much smaller establishments and independently owned. Each
facility must meet the following conditions:
a. Maximum Size of the facility and all associated uses shall be 15,000 square feet.
b. The establishment will include at least one of the following uses, associated with the facility,
and located in the same building: a restaurant, tasting room, bar, or lounge, that shall meet
the following conditions:
c. All prescribed conditions associated with the retail, restaurant, tasting room, bar, or lounge
shall be met including separation distances and buffers,
d. The minimum size of the associated retail, restaurant, tasting room, bar, or lounge shall be
10% of the total square footage of the facility and all associated uses, or 1,000 square feet,
whichever is less
e. All Texas Alcoholic Beverage Commission (TABC) regulations will apply.
Food trucks will be permitted for Breweries, Micro Distilleries, and Micro Wineries with the
conditions as listed below and in conjunction with the CUP for the above mentioned uses.
Micro-
Brewery/Micro-
a. Number of vendors (combination of food trucks and concessionaires) shall be limited to a
Distillery/Micro-maximum
of three per site, with a minimum of one acre site area per truck.
Winery
b. Vendors shall not use the site as a commissary.
c. Vendors shall not be allowed to stay overnight on the property and shall operate only during
the hours that the brewery/distillery/winery is open.
d. The areas for food trucks/concessionaires shall be outside the fire lane and will not encroach
on required parking spaces for other primary and accessory uses on site.
e. Food handlers shall follow current Pearland standard for obtaining a "Food Handlers
Permit".
f. Food trucks and concessionaires shall not be located on parcels that are adjacent to
residential uses or zones.
g. Food trucks and concessionaires shall be screened from view of adjacent streets, similar to
parking spaces, as per applicable criteria outlined in Section 4.2.2.4 (d) of the UDC.
Additionally, food trucks shall not have their rear facade facing the street or circulation
driveways, unless adequately screened as per the Screening and Fencing requirements in
Chapter 4, Article 2, Division 4 of the UDC. Additional screening may be required as a
condition of approval of the CUP.
h. Associated equipment, such as generators, gas tanks, etc. shall not be located in areas
visible to the public or from streets and driveways, unless screened from view, as per the
Screening and Fencing requirements in Chapter 4, Article 2, Division 4 of the UDC.
i. Additional parking shall be provided as per the UDC for food trucks and concessionaires.
j. Other conditions of the CUP, as approved by the City Council.
Parking: One space per 200 square feet of gross floor area of all uses on site.
Chapter 4 — Site Development — Amendment to existing Section
Page 7 of 12
Ord. No 2000T-25
Division 5 - Signage
Section 4.2.5.1 General Standards & Requirements
(a) Applicability. All signs shall be erected, displayed, altered and reconstructed
in conformance with this division. Where the requirements of this division for
a particular sign are different than comparable requirements contained in any
other law, ordinance or regulation, the requirements and standards that are
more restrictive shall apply. Special sign standards apply within the
Spectrum and Old Townsite zoning districts, as outlined in the applicable
sections of Chapter 2.
(b) Exempted Signs. See Section 4.1.2.6.(c) for all signs exempt from the
requirements to obtain a sign permit.
(c) Prohibited Signs. The following signs are expressly prohibited:
(1) Signs having any visible part that moves, swings or rotates, except for
banners and flags, and swinging signs up to ten square feet in area
constructed of rigid material hanging by hinges or other flexible
connection.
(2) Signs emitting odor, visible matter or audible sound.
(3) Permanent portable signs (temporary portable signs are regulated by
Section 4.2.5.5).
(4) Inflatable signs and balloons, except as allowed in Section 4.2.5.5.
(5) Portable signs.
(6) Signs attached to a mobile structure, such as a vehicle or trailer used
as an on -premise or off -premise sign, primarily for the purpose of
serving as a static display for the advertisement of the sale, storage,
or distribution of a product or service.
Signs, papers, other materials, or paint, stenciling, or writing of any
name, number (except house numbers), or other marking on any
sidewalk, curb, gutter, street, utility pole, trees, public building, fence
or structure unless authorized by this UDC.
(8) Signs illuminated to any intensity greater than two hundred (200)
lamberts. The restrictions of luminance shall be determined from any
other premise or from any public right-of-way other than an alley.
Lights shall be shielded to prevent the source of lighting from being
directly visible from residential property.
Sign, or any portion thereof, erected upon or over public right of way
or public property, except as specifically authorized by this UDC.
Unauthorized signs located upon or over public rights of way or public
property may be immediately removed by the City Building Official or
designee.
(10) Signs and advertising devices which move, flash, rotate, blink, change
color, or are animated; or have any type of intermittent illumination,
(7)
(9)
Page 8 of 12
Ord. No 2000T-25
including flashing, fading, revolving or blinking lights, or any type of
moving, scrolling or changing message by means of lights or
illumination are prohibited except as provided in Section 4.2.5.3.
(11) Signs and advertising devices which produce noises discemible from
more than one hundred fifty feet (150').
(12) Signs in a floodway zone without the approval of the Floodplain
Administrator or designee.
(13) Off -premise signs, unless erected as part of a City -adopted signage
program or specifically authorized by this UDC.
(14) Signs containing statements, words, or pictures of an obscene,
indecent, or immoral character that would offend public morals or
decency.
(15) Signs placed on the side or rear of any building or property when such
signs face upon a contiguous residential area.
(16) Signs containing or having attached thereto banners, posters,
pennants, ribbons, streamers, strings of light bulbs, spinners, or other
similar devices, except in accordance with Section 4.2.5.5.
(17) Freestanding signs, as defined in Chapter 5 of this UDC.
(18) Unless permitted as part of signage, pursuant to this Division and
elsewhere in the UDC, light strips, spotlights, bulbs, and other similar
lighting around windows, doors, openings, signs, or on any part of the
building or site are prohibited.
Division 2 — Exterior Building Design Requirements
Section 2.6.2.1 Applicability & Requirements
Table 2-2Building Fagade References By Roadway
Classification & Zoning District
ROADWAY
CLASSIFICATION
ZONING DISTRICTS
MF, C -MU, G/O-MU, OP,
NS, GB, GC,
M-1, M-2
Thoroughfare
(1)
(4)
Collector
(1)
(2) (4)
Other
(1) (2) (3)
(2) (3)
• Refer to individual zoning district regulations for fagade material requirements for the
Spectrum district, BP -288 district, OT District, and COD district.
(a) Applicability. The standards and criteria contained within this division are
deemed to be minimum standards and shall apply to all new, altered or
repaired construction of residential and nonresidential buildings within the
Page 9 of 12
Ord. No 2000T-25
City that are visible from the applicable thoroughfare, as referenced in Table
2-2, on which the building has frontage.
(b) Requirements. The materials used on the exterior facades of all buildings
within the City shall conform to the requirements referenced, and in
accordance to the appropriate zoning district and roadway classification, in
Table 2-2. "Roadway classification" refers to the way in which the applicable
roadway is classified on the City's adopted Thoroughfare Plan.
(1) Minimum exterior wall standards (facade) shall be one hundred
percent (100%) masonry or glass. These standards shall apply to any
wall or portion of a wall visible from the roadway (private or public) or
abutting residential zoning districts. Bars, metal grills and other such
materials shall be prohibited on inner or outer facades, walls,
windows, doors, and other openings, except as trim materials
permitted by 2.6.2.1 (c)(3) below.
a. Existing buildings shall also conform to facade requirements upon
a change of occupancy, occupant (if use has been abandoned per
Section 2.7.3.6), or expansion exceeding (500) square feet in area
of exterior dimensions of a nonresidential or multi -family structure
for which a permit is required.
b. New and existing structures, including expansions that are at least
two hundred and fifty feet (250') from the specified roadways shall
only be required to meet these requirements within Subsection (3)
below. The two hundred and fifty foot measurement shall be
taken from the curb or the edge of the roadway pavement.
c. Subsection (b)(1)b. above shall not apply to the following:
1. Any building that contains a single business and that has a
footprint of eighty thousand (80,000) square feet or more.
2. Any building that contains multiple businesses and that
has a footprint of eighty thousand (80,000) square feet or
more.
3. Multiple buildings and/or multiple businesses on a single
site or parcel of land.
4. Any collection of buildings that is classified by the City as a
shopping center, business park, or integrated business
development and that is not otherwise specified in
Subsection 1, 2, or 3 above.
d. The Planning and Zoning Commission may make an exception to
the requirements of Subsection (b)(1) above for franchise
businesses that have an established theme. In order to make
such exception, the franchise business cannot have varied from
the established theme in any other instance or other city. Such
information shall be provided by the City Planning Director and/or
the franchise business representative.
Page 10 of 12
Ord. No 2000T-25
e. Other exemptions from (b)(1) for existing structures are provided
within Subsection (d)(2) below.
(2) Buildings built prior to January 1, 2001 are exempt from the (facade)
requirements of this section unless required by the adopted Building
Code. Unless non -conforming, addition of bars, metal grills and other
such materials shall be prohibited on inner or outer facades, walls,
windows, doors, and other openings, except as trim materials
permitted by 2.6.2.1 (c)(3) below.
Minimum exterior wall standards (facade) shall be a minimum of 24 -
gauge or heavier architectural panels (wall systems) unless otherwise
approved by the Building Official. Corrugated metal is prohibited.
Bars, metal grills and other such materials shall be prohibited on inner
or outer facades, walls, windows, doors, and other openings, except
as trim materials permitted by 2.6.2.1 (c)(3) below.
a. Within a GC (General Commercial) zoning district and where more
than sixty percent (60%) of the existing nonresidential structures
along both sides of the same street and Tying between the two
nearest intersecting streets do not comply with the minimum
facade standards, architectural panels (wall systems) shall be
insulated panels with a rock or rock -like coating or comply.
(4) Unless one of the following exceptions applies, masonry, stucco or
EIFS materials shall be required on fifty percent (50%) of the front
facade of any building that faces onto a thoroughfare or collector.
Side facades of such buildings shall be a minimum of 24 -gauge or
heavier architectural panels (wall systems) unless otherwise approved
by the Building Official. The portion that is higher than six (6) feet from
grade of any wall or portion of a wall used to screen an industrial use
from property located in a residential zoning district shall be masonry,
stucco, or EIFS. Bars, metal grills and other such materials shall be
prohibited on inner or outer facades, walls, windows, doors, and other
openings, except as trim materials permitted by 2.6.2.1 (c)(3) below.
a. The building is exempt under (2) above.
b. New and existing structures, including expansions, that are at
least two hundred and fifty feet (250') from the specified
roadways shall only be required to meet these
requirements within (3) above. The two hundred and fifty
foot measurement shall be taken from the curb or the edge of the
roadway pavement.
(c) Materials Permitted.
(1) Allowed by Right: For the purpose of this section masonry materials
allowed by right are brick, stone brick veneer, custom treated tilt wall,
decorative or textured concrete block, split face block, and stucco.
(2) May Be Allowed by CUP: New technologies not addressed or
contemplated by these regulations may also be allowed by CUP, if such
materials are consistent with the visual nature and quality of the
masonry materials permitted herein.
(3)
Page 11 of 12
Ord. No 2000T-25
(3) Trim Materials: Architectural metal and EIFS (exterior insulation and
finish systems) may be utilized for window and door trim, fascia, or
soffit.
(d) Exemptions.
(1) New and existing structures within industrial zoning districts, M-1 Light
Industrial district or the M-2 Heavy Industrial district, located along
Mykawa Road between Orange Street and Scott Lane, and between
the railroad tracks and Hatfield Road, including the triangular piece
bounded by the railroad tracks, McHard Road and Mykawa Road, shall
be exempt from any of the facade material requirements herein.
(2) Existing Structures:
a. Existing structures that would otherwise be required to be
brought into compliance with this division of the UDC may be
exempt from such compliance upon issuance of a CUP.
b. The applicant/developer may submit a bond (in an amount
agreed upon by the City) or enter into a written agreement
(contract) with the City to give the applicant/developer a specific
time period of time within which to bring an existing structure into
compliance with this division of the UDC. The City Manager or
his/her designee shall be the responsible official for approval of
such bond or agreement. In no case shall the agreed-upon
period of time exceed five (5) years.
Page 12 of 12
Ord. No 2000T-25