Ord. 2000-T-27 2018-04-23 Ordinance No. 2000-T-27
An Ordinance of the City Council of the City of Pearland, Texas, amending
selected provisions of the Unified Development Code regarding Land Use
Matrix, regulations specific to use (micro-breweries/ micro-distilleries/
micro-wineries), regulations associated with landscape buffer, and to the
tree mitigation fee credits; having a savings clause, a severability clause,
and a repealer clause; providing for codification, publication and an
effective date.
WHEREAS, on the 20th day of November, 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 21st day of November, 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herewith are hereby repealed but only to the extent of such conflict.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.
Page 2 of 6
Ord. No 2000T-27
PASSED and APPROVED ON FIRST READING this the 9th day of April, 2018.
eP
TOM REID
MAYOR
ATTEST:
Y� NG RFING M =tet.
S RETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the
23rd day of April, 2018.
TOM REID
MAYOR
ATTEST:
NG/R N R - • /\
• TY S' RETARY
APPROVED AS TO FORM:
11 , Cr--
DARRIN M. COKER
CITY ATTORNEY
Page 3 of 6
Ord. No 2000T-27
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 November 20, 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 Training
Room of the Public Safety Building located on the second floor, located at 2555
Cullen Parkway, Pearland, Texas at the request of the City of Pearland, for pro-
posed 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.
Martin Griggs
Senior Planner
Page 4 of 6
Ord. No 2000T-27
Exhibit B
Planning and Zoning Commission Recommendation Letter
BOE • pi-
1
TEX AS
Fsr. i a9A
Planning &
Recommendation Letter
November 21, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
RE: Recommendation on the Unified Development Code Amendment T-27
Honorable Mayor and City Council Members:
At their regular meeting on November 20, 2017, the Planning and Zoning
Commission considered the following:
Amendment T-27 to the Unified Development Code (UDC).
At the regular meeting of the Planning and Zoning Commission on November 20,
2017, P&Z commissioner Mary Starr made a motion to recommend approval of
the proposed amendments to the UDC. The motion was seconded by P&Z Vice-
Chairperson Thomas Duncan.
After discussion of each text amendment, Vice-Chairperson Thomas Duncan
made a motion to amend the fourth set of text to add "residential" and to correct
non-residential to 40% as recommended by Legal Staff. This amendment was
seconded by Commissioner Starr and passed by a vote of 4-0. The vote on the
amended motion was 4-0. Chairperson Daniel Tunstall, Vice-Chairperson
Thomas Duncan, and Commissioners Derrell Isenberg and Mary Starr voted in
favor of the motion
Page 5 of 6
Ord. No 2000T-27
Sincerely,
Martin Griggs, Senior Planner
On behalf of the Planning and Zoning Commission
Page 6 of 6
Ord.No 20001-27
EXHIBIT C - PROPOSED ADDITIONS AND REVISIONS
A. Proposed revisions to the Land Use Matrix
Section 2.5.2.1 The Land Use Matrix
Division 2 — Land Use Matrix
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning
_ Districts
,n N SPD m ao
Q W w N ? = L- _ 0 2 Z a N Cl) cco
o C7 • C
v) v) m H W N m m N 0 ° 0 0 0 m m
Liquor/Package C C C
Store Description: A retail sales establishment principally 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.
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning
Districts
•
SPD
o W N r) Y _ U = g o_ n CO 2 Z a a m m c0 CD
m m u) m m m I-- 2 e- L7 O IL Q. 0 m N Z CD CD M
Micro- .
Brewery/Micro- C C C C CCC C
Distillery/Micro- Description: A facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution
Winery and consumption, and which possess the appropriate licenses from the state of Texas. See Division 3 Section 2.5.3.3
for specific use regulations.
Parking: One space per 200 square feet of gross floor area.
EXHIBIT C - PROPOSED ADDITIONS AND REVISIONS
B. Proposed additions to the UDC
for regulations specific to use
Chapter 2 - Zoning regulations
Division 3 — Accessory Uses, Structures, & Regulations Specific to Use
Section 2.5.3.2 Regulations Specific to Use
(a) Micro-Brewery/Micro-Distillery/Micro-Winery — 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:
i. All prescribed conditions associated with the retail, restaurant, tasting
room, bar, or lounge shall be met including separation distances and
buffers,
ii. 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
iii. All Texas Alcoholic Beverage Commission (TABC) regulations will apply.
Mobile Food Units and Concessionaires 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.
(1) Number of Mobile Food Units and Concessionaires shall be limited to a
maximum of three per site, with a minimum of one acre site area per tfusk Unit.
(2) Vendors shall not use the site as a commissary.
(3) 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.
(4) The areas for Mobile Food Units and Concessionaires shall be outside the fire
lane and will not encroach on required parking spaces for other primary and
accessory uses on site.
(5) Food handlers shall follow current Pearland standard for obtaining a "Food
Handlers Permit".
EXHIBIT C - PROPOSED ADDITIONS AND REVISIONS
(6) Mobile Food Units and Concessionaires shall not be located on parcels that are
adjacent to residential uses or zones.
(7) Mobile Food Units 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 Mobile Food Units and
Concessionaires shall not have their rear façade 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.
(8) 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.
(9) Additional parking shall be provided as per the UDC for food trucks and
concessionaires.
(10) Other conditions of the CUP, as approved by the City Council.
EXHIBIT C - PROPOSED ADDITIONS AND REVISIONS
C. Proposed revisions to regulations
associated with landscape buffers
Chapter 4 Site Development
Article 2 — Development Standards
Division 2 — Landscaping
Section 4.2.2.4 Required Landscape Area Standards for Nonresidential,
Multiple-Family, & Single-Family Development
(j) Landscaping Within Single-Family Developments.
4. Adjacent to a Single— Family or Nonresidential Use or Zoning District.
a. When a multiple-family development, manufactured home park, or
nonresidential development is established on a tract of land that is
adjacent to a single-family development or to property zoned for single-
family use, there shall be a twenty-five-foot (25') wide landscaped buffer
with a six-foot (6') masonry wall or a thirty-foot (30') wide landscape
buffer along the property line that is adjacent to such uses or districts.
The landscaped buffer shall remain open and unobstructed (i.e., no
parking or driveways), and shall be planted with ground cover, such as
grass or ivy. If parking fronts the thirty-foot (30') landscape buffer there
shall be a thirty-foot (30') continuous hedge row planted. This landscape
buffer may be counted toward the landscaping requirements, but shall
not be counted toward landscaping required in the front yard area. The
exception to this requirement shall be when an M-2 industrial
development is established adjacent to an M-1 industrial development.
This regulation does not apply to development adjacent to verified City
of Pearland regional drainage projects, Brazoria Drainage District#4, or
retention/detention features over thirty-feet in width.
b. Along all roadways adjacent to a manufactured home park, there shall
be a twenty-five-foot (25')wide landscaped buffer along the property line
that is adjacent to such uses or districts. The landscaped buffer shall
remain open and unobstructed (i.e., no parking, or driveways) and shall
be planted with ground cover, such as grass or ivy. This landscaped
buffer may be located with the required yard/setback area.
EXHIBIT C - PROPOSED ADDITIONS AND REVISIONS
Chapter 2 Zoning regulations
Section 2.4.2.10 MF, Multiple-Family Residential District
(n) Adjacent to a Single-Family or Nonresidential Use or Zoning District. See Chapter
4, Article 2, Division 2, Section 4.2.2.4 (j) 4.
Section 2.4.2.11 MH, Manufactured Home Park District
(m) Adjacent to a Single-Family or Nonresidential Use or Zoning District, Adjacent
to the Roadway. See Chapter 4, Article 2, Division 2, Section 4.2.2.4 (j) 4.
Section 2.4.4.2 OP, Office & Professional District
(k) Adjacent to a Single-Family Use or Zoning District. See Chapter 4, Article 2,
Division 2, Section 4.2.2.4 (j) 4.
Section 2.4.4.3 BP-288, Business Park District-288
(3) Adjacent to a Single-Family Use or Zoning District: See Chapter 4, Article 2,
Division 2, Section 4.2.2.4 (j) 4.
Section 2.4.4.4 NS, Neighborhood Service District
(k) Adjacent to a Single-Family Use or Zoning District. See Chapter 4, Article 2,
Division 2, Section 4.2.2.4 (j) 4.
Section 2.4.4.5 GB, General Business Retail District
(k) Adjacent to a Single-Family Use or Zoning District. See Chapter 4, Article 2,
Division 2, Section 4.2.2.4 (j) 4.
Section 2.4.4.6 GC, General Commercial District
(j) Adjacent to a Single-Family Use or Zoning District. See Chapter 4, Article 2,
Division 2, Section 4.2.2.4 (j) 4.
Section 2.4.4.7 M-1, Light Industrial District
(h) Special Conditions.
(1) Landscaped Open Area:
b. Adjacent to a Single-Family Use or Zoning District- See Chapter 4, Article
2, Division 2, Section 4.2.2.4 (j) 4.
EXHIBIT C -PROPOSED ADDITIONS AND REVISIONS
Section 2.4.4.8 M-2, Heavy Industrial District
(h) Special Conditions.
(1) Landscaped Open Area:
b. Adjacent to a Single-Family Use or Zoning District- See Chapter 4, Article
2, Division 2, Section 4.2.2.4 (j) 4.
EXHIBIT C - PROPOSED ADDITIONS AND REVISIONS
D. Additions to the UDC regarding tree
mitigation fee credits
Chapter 4 Site Development
Division 3— Tree Mitigation
Section 4.2.3.7 Tree Replacement Requirements
(d)Tree Mitigation Fee Credit.
(1) The owner, builder/developer of any lot or tract of land that removes Protected
Trees for the development or construction of the property may apply for a Tree
Mitigation Fee Credit for replacement trees planted in accordance with this section.
To qualify for a credit under this section, a tree must be:
a. planted on property:
i. for which the tree mitigation fee was assessed; or
ii. mutually agreed upon by the City and the person applying for the
credit; and
b. at least two inches (2") in diameter at the point on the tree trunk 4.5 feet
above the ground; and
c. at least six feet in height when measured immediately after planting; and
d. a tree species listed on the Tree Replacement Tree List in Appendix A of
the Criteria Manual (a copy of the Criteria Manual is available in the City
Parks and Recreation Department).
(2) For purposes of Subsection (d)(1) above, the City and the person may consult with
an academic organization, state agency, or nonprofit organization to identify an
area for which tree planting will best address the science-based benefits of trees
and other reforestation needs of the City.
(3) The amount of a credit provided to a person under this section must be applied in
the same manner as the tree mitigation fee assessed against the person and:
a. at least 50 percent of the amount of the tree mitigation fee assessed
against the person if:
i. the property is a residential structure that is not occupied by the
person; and
ii. the person is constructing or renovating the residential structure for
sale as a residential structure and not for use as the person's
residence; or
EXHIBIT C - PROPOSED ADDITIONS AND REVISIONS
b. at least 40 percent of the amount of the tree mitigation fee assessed
against the person if:
i. the property is non-residential structure; or
ii. the person is constructing or intends to construct a structure on the
property that is not a residential structure.
(4) Nothing contained in subsection (d) shall affect the ability of the City to determine:
a. The size, number, and type of trees that must be planted to receive a credit
under this section, except as provided by Subsection (d)(1);
b. The requirements for tree removal and corresponding tree mitigation fees,
if applicable; or
c. The requirements for tree planting methods and best management
practices to ensure that the tree grows to the anticipated height at maturity.
(5) No credit shall be given toward the minimum landscape requirements pursuant to
Article 2, Division 2 of this Chapter of the UDC.