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Ord. 2000-T-33 2020-11-23Ordinance No. 2000T-33 An Ordinance of the City Council of the City of Pearland, Texas, amending the Unified Development Code for the purpose of amending selected provisions of the Unified Development Code, to include: (1) Amendments to S ection 2.4.4.7(d) and Section 2 4.4.8(d), to allow for greater building heights within the Light Industrial (M-1) and Heavy Industrial (M-2) zoning districts in conjunction with providing greater building setbacks measured from property boundaries; (2) Amendments to Sections 2.4.3.1.(1), 2.4.4.1(k) 2.4.4 3(g), 2.4.5.1(h) 4.2.1.3(p), to establish maximum height for outdoor lighting and maximum intensity for outdoor lighting at the property boundaries of non- residential zoning districts abutting residential zoning districts; (3) Amendments to Section 4.2.4 1(a) Screening — Nonresidential and Multiple - Family Screening Required (New Construction) to include, regulations of required screening materials and density of plantings; (4) Amendments to S ection 4.2.4.1 — Screening, to allow detentions ponds to occupy no more than 50% of required landscape buffers adjacent to residential zoning districts; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, on the 8th day of September, 2020, 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 8th day of September and the 19th day of October, 2020, the Planning and Zoning Commission of the City discussed the proposed amendments to the Unified Development Code and submitted its report and recommendation to the City Council, whereby the Commission recommended approval of the amendments with added stipulations, said recommendation attached hereto and made a part hereof for all purposes as Exhibit "B"; now, therefore, B E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: S ection 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. S ection 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. S ection 3. Severability. If any section, subsection, sentence, clause, phrase o r portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise u nenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the ✓ alidity of the remaining portions thereof. S ection 4. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. S ection 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. S ection 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 Page 2 of 6 Ord. No. 2000T-33 effective immediately upon final passage. PASSED, APPROVED, and ADOPTED on First Reading this 9th day of November, 2020. ATTE T: tie I CRY`/ AL ROAN, TRMC CITY SECRETARY VIN COLE AYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd day of November, 2020. AT E.S I tir k - -iTAL •AN, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY J. KEVIN COLE MAYOR • lb Page 3 of 6 Ord. No. 2000T-33 Exhibit A Legal Notice NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice Is hereby Oen that on Tuesday, September 8, 2020, at 6:30 p m, the City Count,' and Planning and Zoning Ccmmissicn of the City of Peanand in Brazoria, Harris and Fort Bend Counties, Texas, will conduct joini public hear- Inas by telephonic or s Ideo conference in order to advance the public heath goal of iimiling facerto•face meetings (also called "sodal distancing) to slow- the spread of the Coronavirus (C©VID-19), for the following oases; (1) Text Amendments to the Unified Development Code (UDC): 20004-33: A request of the City ca Pearland, for proposed amendments to the Unified Development Code, Ordinance No 2000T, to intrude the following: 1, Amendments to Sechcn 2.4.17(d) and Section 2.1.1.8(d), to anew for greater butding heights within the Light Industrial (Mal) and Heavy Industrial (M-2) zorng d-tricis in conjuncion with providing greater building setbacks measured from property boundaries, . 2. Amendments to Secl•ns 243,1.{I), 2,4.4.1(k), 2,4 4.3(9), 2A 5.1(h) 4.2.1,3(p) to establish maximum heigtrl fa outdoor fighting and maximum intensity for outdoor lighting at the property boundaries of nonresidential zoning districts abutting resdential zoning districts, 3 Amendments to Sectc+r 4,2,4,1(a) Screening - Nonresidential and Mulhple•Farrily Screening Require". (New Construction) to triclirde. regula Mons of required screening materials and density of plantings. 4. Amendments to Section 4.2 4.1 - Screening, to allow detentions ponds io occupy no more than 50% of required landscape buffers adjacent to residen- tial zoning districts, (2) ZONE CHANGE APPLICATION NUMBER: ZONE 20-00003: A request of Jerald Equna, app earl on behalf of Joseph Manarang Enrico BSarga, owners, for approval of a zoning Change from Residential Estate (RE) District to Office & Professional (OPI D slrlc, on approximately 3.00 aces of land; to wit' Legal Description: The north 3.CO acres of Lot 56, of Figlani Orchard Subdivision old of the H,T. & B,R,R. CO. Survey, Section 13, Abstract 240, Brazoria. County, Texas, according to the map or p'st thereat recorded in Volume 30, Page 77 of the. Brazoria County Plat Records, Texas. General Location: 3202 Wagon Trail Road Pearland, Texas. (3) ZONE CHANGE APPLICATION NUMBER: ZONE 20.00005: A request of Nick Meta, MMSN Enterprise of Texas n LLC, applicant, on behalf of Deborah Simpson, owner, for approval c' a zoning change tom Suturban Residential -12 ISR -121 District to General Business (GB) District, on approxi- mately 7.313 acres of land: to wit Legal Description: Being a portion of Lot ThirtyOno (31) of Iho Allison Richey Coast Home Company Subdivision of the HIT. & B.R,R, Co Suney, Section Ten (10), Abstract 505, in Bazcvia County, Texas, according to the Map of record in Volume 2, Page 23, Plat Records od 6razaria County, Texas, Save and Except Owen= that certain 2.687 acres (117,012 square feel) as was con- voyed oo-voyed 10 the City of Pearland, Texas, by vino of Deed recorded under Brazoria County Cterk's File N. 2019004567, General Location: 1636 Max Road. Pearland, Texas. All interested parties may submit comments about the subject to slowe@nearlandtx,gov before 12:00 p,m, on the meeting date, Addrhonalty, there may be opportunities for live participation during the meeting as described on the meeting agenda which will be made available 72 hours prior le the meta ing via the following mak: Mohamed A. Birerma, AICP Senior Planner Page 4 of 6 Ord. No. 2000T-33 Exhibit B Planning and Zoning Commission Recommendation Letter Planning & Zoning Commission Recommendation Letter October 20, 2020 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Amendments to the Unified Development Code — 2000-T-33 Honorable Mayor and City Council Members: At their regular meetings on September 8 and October 19, 2020, the Planning and Zoning Commission considered the following: A request by the City of Pearland for proposed amendments to the Unified Development Code, Ordinance No. 2000T, to include the following: 1. Amendments to Section 2.4.4.7(d) and Section 2.4.4.8(d), to allow for greater building heights within the Light Industrial (M-1) and Heavy Industrial (M-2) zoning districts in conjunction with providing greater building setbacks measured from property boundaries. 2. Amendments to Sections 2.4.3.1. (I), 2.4.4.1(k), 2.4.4.3(g), 2.4.5.1(h) 4.2.1.3(p), to establish maximum height for outdoor lighting and maximum intensity for outdoor lighting at the property boundaries of non-residential zoning districts abutting residential zoning districts. 3. Amendments to Section 4.2.4.1(a) Screening —Nonresidential and Multiple - Family Screening Required (New Construction), to include, regulations of required screening materials and density of plantings. 4. Amendments to Section 4.2.4.1 —Screening, to allow detentions ponds to occupy no more than 50% of required landscape buffers adjacent to residential zoning districts. Page 5of6 Ord. No 2000T-33 The Planning and Zoning Commission discussed the proposed amendments during their regular meeting on September 8, 2020. After the discussion, the Commission voted to table the request for further information and clarification of Amendments No. 3 and No. 4. Staff prepared a detailed memo with a proposed exhibit showing the recommended language for consideration at the Commission's regular meeting on October 19,2020. At the meeting, staff explained that the goal of Amendment No. 4 was to ensure existing residential fences had enough clearance from both required landscaping and slopes of detention ponds. After the discussion, Commissioner Fuertes made a motion to approve the UDC amendments with the proposed language in the exhibit for Amendment No. 4 and seconded by Commissioner Dansby. The commission voted 6-0 to amend the motion and 6-0 to approve the request. Sincerely, firriv Martin Griggs, AICP, CNU-A Planning Manager On behalf of the Planning and Zoning Commission Page 6 of 6 Ord. No 2000T-33