Ord. 2000-T-29 2019-01-28 Ordinance No. 2000-T-29
An Ordinance of the City Council of the City of Pearland, Texas, amending
selected provisions of the Unified Development Code regarding to permit
massage establishment only by a Conditional Use Permit (CUP) and to
allow additional tree credits to provide commercial developers relief from
tree mitigation; having a savings clause, a severability clause, and a
repealer clause; providing for codification, publication and an effective
date.
WHEREAS, on the 19th day of November, 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 19th day of November, 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herewith are hereby repealed but only to the extent of such conflict.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.
Page 2 of 6
Ord. No 2000T-29
PASSED and APPROVED ON FIRST READING this the 14th day of January,
2019. `)
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TOM REID
MAYOR
ATTEST:
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PASSED and APPROVED ON SECOND AND FINAL READING this the
28th day of January, 2019.
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TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Page 3 of 6
Ord. No 2000T-29
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 19, 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 Council Chambers of City Hall, located at 3519 Liberty Drive,
Peadand, Texas at the request of the City of Peadand, for proposed amend-
ments to the Unified Development Code, Ordinance No. 2000T,to permit mas-
sage establishment only by a Conditional Use Permit (CUP) and to allow addi-
tional tree credits to provide commercial developers relief from tree mitigation.
At said hearing, all interested parties shall have the right and opportunity to
appear and be heard on the subject. For additional irfarmatioon, please con-
tact the Planning Department al 281.652-1765.
Martin Griggs
Planning Manager
Page 4 of 6
Ord. No 2000T-29
Exhibit B
Planning and Zoning Commission Recommendation Letter
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Planning & Zoning Commission
Recommendation Letter
November 20, 2018
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
RE: Recommendation on the Unified Development Code Amendment T-29
Honorable Mayor and City Council Members:
At their regular meeting on November 19, 2018, the Planning and Zoning
Commission considered the following: Amendment T-29 to the Unified
Development Code (UDC). After a brief discussion, the Commission deliberated
on each portion of the amendment separately.
After discussion of the incentives for planting larger trees versus smaller trees
and additional discussion on the mitigation process, Commissioner Starr made a
motion, seconded by Commissioner Isenberg. The vote was 7-0 for the tree
mitigation amendment. Chairperson Tunstall, Vice-Chairperson Duncan, and
Commissioners Cade, Isenberg, Pradia, Starr, and Wicker voted in favor of the
motion.
After discussion of the hours of operation, transparency of the windows and
coverings, locking of interior doors, and state licensing, Chairperson Tunstall
added lighting and signage requirements to the motion, Commissioner Starr
seconded. The vote was 5-2 for the massage establishment amendment.
Chairperson Tunstall, Vice-Chairperson Duncan, and Commissioners Isenberg,
Starr, and Wicker voted in favor of the motion. Commissioners Cade and Pradia
were not in favor of the amendment.
Page 5 of 6
Ord. No 2000T-29
Additional discussion ensued and Commissioner Pradia requested to amend his
previous vote. Commissioner Starr made a motion to reconsider the previous
vote, seconded by Isenberg. The motion to reconsider passed by a vote of 7-0.
The amended motion with restrictions passed by a vote of 6-1, Commissioner
Cade was in opposition.
Sincerely,
Martin Griggs, Planning Manager
On behalf of the Planning and Zoning Commission
Page 6 of 6
Ord. No 2000T-29
Exhibit C
The text below shows the redline changes to the individual sections.
Changes are shown in red with text removed shown with strikethrough. Underlined text was added or changed from the
first reading.
I. Proposed revisions to the Land Use Matrix
Section 2.5.2.1 The Land Use Matrix
Division 2 — Land Use Matrix
Under Personal & Business Services Uses category
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning
Districts
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C C
Description: "Massage Establishment" means a place of business that advertises or offers massage therapy or other
massage services to members of the public. The term includes a place of business that advertises or offers any service
Massage described by a derivation of the terms "massage therapy" or "other massage services" as those terms are defined in
Establishment Chapter 455 of the Occupations Code, as amended. The term shall not apply to a person licensed in this state as a
physician, chiropractor, occupational therapist, physical therapist, nurse, or athletic trainer or as a member of a similar
profession subject to licensing by the State of Texas whose license is displayed in the establishment and while the
person is practicing within the scope of the license. The term also does not apply to establishments that provide
massage services as an auxiliary function to their primary use provided that the massage service is performed in the
common areas which are visible to the patrons of the respective establishment.
Parking: One space per 200 square feet of gross floor area.
The text below shows the redline changes to the individual sections.
Changes are shown in red with text removed shown with str-i-kethfettg-14. Underlined text was added or changed from the
first reading.
Section 2.5.3.2 Regulations Specific to Use
(b) Massage Establishment - Each facility established after (date of approval) must meet the following conditions:
1. A massage establishment may only operate between the hours of 8:00 A.M to 10:00 P.M. each day.
2. Outside windows of a massage establishment shall be transparent and the view from the outside into the
lobby/waiting area shall be unobstructed.
3. All doors shall remain unlocked during normal business hours.
a. A place of business where a licensed massage therapist practices as a solo practitioner in a manner
consistent with the applicable provisions of Section 455.155 of the Texas Occupations Code, as amended,
is exempt from this regulation.
4. At no time shall a massage establishment provide a residence or dwelling to accompany this occupancy.
5. Licenses issued by the State for the establishment and the people working in it who are required to have a State
license must be displayed and easily viewable with the lobby or waiting area.
6. A peace officer appointed or employed by a law enforcement agency of this state, or a licensed Code Enforcement
Officer employed by the City, may enter the premises of a massage establishment pursuant to Sections 455.104
and 455.353 of the Texas Occupations Code.
a. If entry and access to the premises of the massage establishment is denied, entry shall be made under
authority of a warrant to inspect the massage establishment.
7. The City may revoke the Conditional Use Permit and/or the Certificate of Occupancy of a massage establishment
for violations including, but not limited to the following:
a. Any regulation set forth in Sec. 2.5.3.2 (b) above; and
b. The following Texas Penal Codes:
i. PC 20A-Trafficking of Persons,
ii. PC 43.02-Prostitution,
iii. PC 43.03 Promotion of Prostitution,
iv. PC 43.04 Aggravated Promotion of Prostitution,
v. PC 43.05 Compelling Prostitution,
vi. PC 43.25 Sexual Performance by a Child, or
vii. PC 43.251 Employment Harmful to Children.
The text below shows the redline changes to the individual sections.
Changes are shown in red with text removed shown with strikethrough.
Division 2— Landscaping
Section 4.2.2.4 Required Landscape Area Standards for Nonresidential, Multiple-
Family, & Single-Family Development
(i) Tree Credits. Tree credits shall be given pursuant to Article 2, Division 3 of this
Chapter of the UDC. • _ _ _• _ - _ •- ..e .e••: _ _ _ e•.' •_ .
required landscaping, at the discretion of the Parks Director.
Section 4.2.2.6 Landscape Plan Approval
(a) Landscape Plan(s) Required. Appropriate plans showing proposed landscape
development, including figures to show compliance with this division, shall be
submitted to the Planning and Community Services Department. A Landscape Plan
drawn to scale shall include dimensions and distances and clearly delineate any
existing and proposed landscape development.The Landscape Plan shall also include
detailed drawings of the entire off-street parking area, the location of proposed
buildings, the name and location of proposed plant materials and the location of water
sources. The Landscape Plan shall also include all utility easements, public utility
lines,fire hydrants, and other infrastructure necessary for identifying potential conflicts
between plant material and utilities.
Section 4.2.3.7 Tree Replacement Requirements
(e) Tree Credits.
(1) Landscaping Requirement Credit. In order to encourage the installation of
larger trees, credits shall also be given for planting trees of a larger caliper
inch size than minimally required.
a. Any approved tree planted greater in size than what is minimally required
by Section 4.2.2.2 shall count as credit towards any applicable tree
mitigation requirements at a size equal to the increase in tree caliper.
b. Credit for larger trees shall be permitted to achieve up to twenty-five
percent reduction of required tree mitigation.
(2) Preservation Credit. Preservation of existing trees may be given credit towards
required landscaping, or applicable tree mitigation.
a. Credit toward required landscaping. Preservation of existing trees and
shrubs may be given credit towards required landscaping. To qualify for a
credit under this section, a preserved tree or shrub must:
i. meet the locational requirements of the provision for which credit
is awarded (i.e. within the landscape buffer) and, unless otherwise
noted, may not be credited towards more than one landscape
requirement.
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ii. be protected. Credit shall not be awarded unless protection of the
CRZ of the credited tree is carried out as required for protected
trees in Section 4.2.3.8. Credit may be withheld, during review or
inspection of the project, based on the assessed health, structure,
growth habit, presence of disease or decline, and the available
growing space of the tree.
b. Credit towards tree mitigation. Preservation of existing trees may be
given credit towards any applicable tree mitigation. Preservation credit
shall be permitted to achieve up to twenty-five percent reduction of
required tree mitigation. To qualify for a credit under this section,
a preserved tree must:
i. be a protected species with a DBH of at least six inches and no
more than 11 inches that remain on a site, subject to approval by
the Urban Forester based on the assessed health, structure,
growth habit, presence of disease or decline, and the available
growing space of the tree.
ii. not be used towards the mitigation for Heritage Trees.
iii. included on the Tree Survey, and the Tree Disposition Plan.
(3)Tree Credits permitted are at the discretion of the Director of Community
Development.
Section 4.2.3.9 Tree Planting Regulations
(e) Replacement Tree List. The following tree types or species only shall be permitted
by the City to be used as Replacement Trees:
Protected Tree List
Genus species Common name
Quercus spp. Oaks
Ulmus spp. Elms
Taxodium spp. Baldcypress
Carya spp. Pecan, Hickory
Magnolia grandiflora Southern Magnolia
Magnolia virginiana Sweetbay
Juglans nigra Black Walnut
Fraxinus pennsylvanica Green Ash
Fraxinus americana White Ash
Ilex opaca American Holly
Platanus occidentalis American Sycamore
Acer rubrum Red Maple
Acer barbatum Florida Maple
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If an existing tree of the protected tree list in excess of 12" DBH is removed, thus
requiring mitigation, and the disposition plan calls for replacement, it must be replaced
by a tree from the protected tree list.
Pine Trees will receive preservation credit as outlined in Section 4.2.3.7(e).
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