Ord. 2000-T-28 2018-12-17 Ordinance No. 2000-T-28
An Ordinance of the City Council of the City of Pearland, Texas, amending
selected provisions of the Unified Development Code regarding improvements
required upon expansion and related planning triggers; having a savings
clause, a severability clause, and a repealer clause; providing for codification,
publication and an effective date.
WHEREAS, on the 16th day of July, 2018, 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 11th day of September, 2018, 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herewith are hereby repealed but only to the extent of such conflict.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 November,
2018.
TOM REID
MAYOR
Page 2 of 5
Ord. No 2000T-28
ATTEST:
UNGX* I %\ W-
ITY S RETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the 26th
day of November, 2018.
TOMR
MAYOR
'TTEST: .�` . '''.
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. !Vo',,
•
i= VOTING RECORD SECOND AND FINAL READING
¶OU ATR. I T"MC =�: �� ;yD; November 26,2018
ITY ' CRETARY Voting"Aye"-Councilmembers Carbone, Moore,
�''�,,,►1111„`����`� Hernandez, Perez, and Owens
Voting"No”-None.
APPROVED AS TO FORM Motion passes 6 to 0. Councilmember Little absent.
PUBLICATION DATE December 5,2018
EFFECTIVE DATE: November 26,2018
DARRIN M. COKER PUBLISHED AS REQUIRED BY SECTION 3.10
CITY ATTORNEY OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS
Page 3 of 5
Ord. No 2000T-28
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 July 16, 2018, 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,
specifically improvements and related triggers.
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 5
Ord. No 2000T-28
Exhibit B
Planning and Zoning Commission Recommendation Letter
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FST. 8qb
Planning & Zoning Commission
Recommendation Letter
September 11, 2018
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
RE: Recommendation on the Unified Development Code Amendment T-28
Honorable Mayor and City Council Members:
At their regular meeting on July 16, 2018, the Planning and Zoning Commission
considered the following: Amendment T-28 to the Unified Development Code (UDC).
After a brief discussion, the Commission requested the item tabled so that further
research could be conducted and presented.
At the regular meeting of the Planning and Zoning Commission on September 10,
2018, brought back the topic and discussed the issues with staff. Chairperson
Tunstall discussed the idea of changing from 3,000 to 5,000 square feet on paved
areas or parking lots and changing the percentage from 10% to 15%. After additional
discussion the Chairperson made a motion and P&Z commissioner Mary Starr
seconded the changes to the UDC. The vote was 5-1 with Vice-Chairperson Duncan
voting in opposition. The vote on the amended motion was 6-0. Chairperson
Tunstall, Vice-Chairperson Duncan, and Commissioners Cade, Isenberg, Starr, and
Wicker voted in favor of the motion
Sincerely,
Martin Griggs, Planning Manager
On behalf of the Planning and Zoning Commission
Page 5 of 5
Ord. No 2000T-28
Proposed Revisions to the UDC for Improvements & Related Triggers
Section 4.1.3.2 Improvements & Related Triggers
a) Required Improvements. The following improvements required by this UDC shall
be adhered to when an expansion triggers such improvements:
1) Facade Materials: As required within the applicable zoning district (Chapter 2)
and/or in Chapter 2, Article 6, Division 2.
2) Sidewalks: As required within the applicable zoning district (Chapter 2) and/or
in Chapter 3, Article 2, Division 11.
3) Parking: As required within the applicable zoning district (Chapter 2) and/or in
Chapter 4, Article 2, Division 1.
4) Landscaping: As required within the applicable zoning district (Chapter 2)
and/or in Chapter 4, Article 2, Division 2.
5) Screening/Fencing: As required within the applicable zoning district (Chapter2)
and/or in Chapter 4, Article 2, Division 4.
b) Triggers. Expansions to an existing property that meet the following shall trigger
all of the improvements outlined in (a) above, unless otherwise specified below or
in Table 4.1:
1) Structure Square Footage: Any expansion over ten percent (15%) with a
minimum area of five hundred square feet (500 sq. ft.) shall trigger all of the
improvements listed above. An expansion less than ten percent (15%) with a
minimum area of five hundred square feet (500 sq. ft.) shall trigger the
improvements required under (a) (1). An expansion of less than five hundred
square feet (500 sq. ft.) shall trigger no required improvements. Partial
enclosure of existing loading docks shall not trigger these improvements. A ten
percent (15%) cumulative expansion cap will be enforced before triggering full
compliance with all improvements listed above.
2) Paved Area or Parking Lot: Any increase of over 5,000 square feet shall trigger
all of the required improvements above.
3) Change of Use: A change of use from one land use category to another shall
trigger the improvements required under (A) (1), (A) (3), (A) (4), and refuse
(dumpster) screening per Chapter 4, Division 4, Section 4.2.4.1 (D).
4) Change of Occupant: A change of occupant with no change of use shall not
trigger any of the above improvements.
Text in black is existing,Text in red is an addition,text in rtrikethrougn is for removal
Table 4.1 Improvements & Related Triggers table
Action Facade Parking Dumpster Landscaping Fencing Sidewalks 1 - Only for the portion of building being
Screening
expanded
Expansion of No 1 Yes 3 Yes Yes 5 Yes Yes 2 - If expanding non-conforming building
paved area or 3 - Only for existing and new building
parking over
5,000 sq. ft. 4 - If new use requires additional minimum
*Cumulative Yes ' Yes 3 Yes Yes Yes Yes parking
expansion of a 5 - For new parking and previous landscaping
building more must be verified
than 15% with a
500 sq. ft. 6 - Previously installed landscaping must be
minimum. verified
*Cumulative Yes 2 No No No No No
expansion of a 7—Yes, if the building has been abandoned
building less
than 15% with a
500 sq. ft. *A 15% cumulative expansion cap will be
minimum.
Yes Yes a Yes Yes 5 No No enforced before triggering full compliance
with all improvements listed in section
Change of use 4.1.3.2.
No 7 No No No 6 No No
Change of
Occupant
(same use)
Chapter 2
Division 2— Exterior Building Design Requirements
Section 2.6.2.1 Applicability& Requirements
(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 use, occupancy, occupant (if use has been abandoned per
Section 2.7.3.6), or cumulative expansion exceeding ten percent (15%)
with a minimum of five hundred square feet (500 sq. ft.) in area of exterior
dimensions of a nonresidential or multi-family structure for which a permit
is required. Façade requirements for an expansion of less than ten percent
(15%) with a minimum of five hundred square feet (500 sq. ft.) shall only
be required for the new building area. Façade requirements shall not apply
building expansions of less than five hundred square feet (500 sq. ft.)
unless the expansion is visible from the roadway or abutting residential
zoning district.
Chapter 3
Division 11 — Sidewalks & Alleys
Section 3.2.11.1 Sidewalks
(e)Completion of Construction. Construction of required sidewalks shall be complete
prior to the issuance of a Certificate of Occupancy for any new or expanded
structure/building or expansion of paved area or parking lot of 5,000 square feet or
more.
(Continued on next page)
Text in black is existing,Text in red is an addition,text in strikcthrough is for removal
Chapter 4
Division 1 — Parking
Section 4.2.1.1 Off-Street Parking Spaces Required
(b)In all zoning districts, off-street parking spaces shall be provided in accordance with
the requirements of this division at the time any building or structure is erected or
structurally altered, or whenever there is a change to a new use with respect to the
standards of this division. No additional parking spaces shall be required on expansion
of building less than ten percent (15%) with five hundred square feet (500 sq. ft.)
minimum.
Division 4— Screening & Fencing
Section 4.2.4.1 Screening
(d) General Screening.
(1) The following requirements shall be in addition to the foregoing landscaping and
planting requirements:
a. All loading spaces and docks, outside storage areas including open
storage, storage in containers and boxes not designed to be permanently
affixed to real property, refuse containers/areas (if the cumulative building
expansion is greater than ten percent (15%) with a minimum five hundred
(500 sq. ft.)), mechanical and electrical equipment, and the rear of
nonresidential uses/structures on double frontage lots, must be screened
from view from the street or public rights-of-way and adjoining properties.
Text in black is existing,Text in red is an addition,text in stfi4et4ffeu04 is for removal