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Ord. 2000-T-34 2021-04-26 Ordinance No. 2000T-34 An Ordinance of the City Council of the City of Pearland, Texas, for the purpose of amending to the Unified Development Code of the City of Pearland, Texas, Ordinance No. 2000T, to include the following: 1) Amendments to Chapter 2 (Section 2.2.2.1 (d)(1)) of the UDC, to decrease the minimum area and contiguity requirements for establishing PD district for Residential or Mixed Use within the Old Townsite Zoning Districts from the currently minimum requirement of five (5) or three (3) acres of contiguous land area to one (1) acre of non-contiguous land. 2) Amendments to Chapter 1 (including Section 1.2.2.2. and 1.2.3.6) and Chapter 2 (including Section 2.2.1.3., 2.2.2.4., and 2.2.3.3.) of the UDC to change the current format of the Joint Public Hearing and Joint Special Meeting to accommodate separate public meetings or hearings for land use applications or plans by the Planning and Zoning Commission and the City Council; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, on the 15th day of March, 2021, 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 March, 2021, 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, 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-33 PASSED, APPROVED, and ADOPTED on First Reading this 12th day of April 2021. EV N COLE AYOR ATT ST: STAL ROAN, TRMC, CMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th day of April 2021. . KEVIN C E MAYOR S : C STAL ROAN, TRMC, CMC CITY SECRETARY """ rj- 46- '11 APPROVED AS TO FORM: �\ ,,,, ,,, ,,,, ,,,,,,,,,,,,,,,,, DARRIN M. COKER CITY ATTORNEY 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 Text Amendments to the Unified Development Code(UDC):2000-T-34 Notice is hereby given that on Monday, March 15. 2021, 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 hear- ing at City Hall, 3519 Liberty Dr., Pearland,Texas 77581 by telephone or video conference (preferred) and also in-person with social distancing protocols and restrictions in order to advance the public health goal of limiting face-to-face meetings(also called"social distancing")to slow the spread of the Coronavirus (COVID-19),at the request of the City of Pearland,for proposed amendments to the Unified Development Code,Ordinance No.2000T,to include the following: 1. Amendments to Chapter 2 (Section 2.2.2.1 (d)(1)) of the UDC, to decrease the minimum area and contiguity requirements for establishing PD district for Residential or Mixed Use within the Old Townsite Zoning Districts from the cur- rently minimum requirement of five(5)or three(3)acres of contiguous land area to one(1)acre of non-contiguous land. 2. Amendments to Chapter 1 (including Section 1.2.2.2. and 1.2.3.6) and Chapter 2 (including Section 2.2.1.3., 2.2.2.4,, and 2.2.3.3.) of the UDC to change the current format of the Joint Public Hearing and Joint Special Meeting to accommodate separate public meetings or hearings for land use applications or plans by the Planning and Zoning Commission and the City Council. All interested parties may submit comments about the subject to mbireima@pearlandtx.gov before 12:00 p.m. on the meeting date.Additionally, there may be opportunities for live participation during the meeting as described on the meeting agenda which will be made available 72 hours prior to the meet- ing via the following link:https://pearlandtx.civicweb.net/Portal/. Mohamed A. Bireima.AICP Senior Planner Page 4 of 6 Ord. No. 2000T-33 Exhibit B Planning and Zoning Commission Recommendation Letter di NO Pt44, li .l to TEXAS t r S9b g & ZoningnPl nni Commission a� Recommendation Letter March 16, 2020 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Amendments to the Unified Development Code — 2000-T-34 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 Chapter 2 (Section 2.2.2.1 (d)(1)) of the UDC, to decrease the minimum area and contiguity requirements for establishing PD district for Residential or Mixed Use within the Old Townsite Zoning Districts from the currently minimum requirement of five (5) or three (3) acres of contiguous land area to one (1) acre of non-contiguous land. 2) Amendments to Chapter 1 (including Section 1.2.2.2. and 1.2.3.6) and Chapter 2 (including Section 2.2.1.3., 2.2.2.4., and 2.2.3.3.) of the UDC to change the current format of the Joint Public Hearing and Joint Special Meeting to accommodate separate public meetings or hearings for land use applications or plans by the Planning and Zoning Commission and the City Council 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. Page 5 of 6 Ord. No. 2000T-33 The Commission discussed the proposed amendments to the UDC presented during the Joint Public Hearing. After the discussion about the planned development amendment only providing amendment to areas in the Old Townsite, Commissioner Boswell made a motion to approve the UDC amendments, seconded by Commissioner Isenberg. The commission voted 5-0 to approve the request. Sincerely, fieri; 40.;r- Martin Griggs, AICP, CNU-A Planning Manager On behalf of the Planning and Zoning Commission Page 6 of 6 Ord. No. 2000T-33 Exhibit C Section 2.2.2.1 Purpose, Applicability, Nature and Size of District (a) Purpose. The purpose of an overlay planned development zoning district ("PD District") is to provide for the development of land as an integral unit for single or mixed use in accordance with a PD Design Plan that may include uses, regulations and other requirements that vary from the provisions of other zoning districts. PD Districts are intended to implement generally the goals and objectives of the City's Comprehensive Plan. PD Districts are also intended to encourage flexible and creative planning, to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to result in a higher quality development for the community than would result from the use of conventional zoning districts. (b) Applicability. A PD district may only be established in one of the following circumstances: (1) The land is located in close proximity to established residential neighborhoods where conventional zoning classifications may not adequately address neighborhood concerns regarding the quality or compatibility of the adjacent development, and where it may be desirable to the neighborhood, the developer or the City to develop and implement mutually-agreed, enforceable development standards; (2) The land, or adjacent property that would be impacted by the development of the land, has sensitive or unique environmental features requiring a more flexible approach to zoning and clustering of uses, or special design standards, in order to afford the best possible protection of the unique qualities of the site or the adjacent property; (3) The land is proposed for development as a mixed-use development or a traditional neighborhood development requiring more flexible and innovative design standards; (4) The land consists of Old Townsite and/or other older sections of Pearland that are proposed for redevelopment or infill development, and special design considerations are deemed desirable; (5) The land serves as transition between different and seemingly incompatible land uses; (6) The land is proposed for development as a major office, retail, commercial or industrial employment center, and special design standards may be warranted; (7) The land is of such a character that it is in the community's best interest to encourage high quality development through flexible development standards to further the goals and objectives of the City's Comprehensive Plan; and (8) The land consists of unusually configured parcels that cannot be developed efficiently under the base district standards. (c) Nature of the District. Each PD District shall be established as an overlay zoning district that combines with one or more base zoning districts. Development in a PD district must be consistent with a Design Plan that is incorporated as part of the district by the adopting ordinance for the PD, except as provided in Section 2.2.2.6(b). (d) Minimum District Size. No PD district shall be established for a gross sentipetis area less than the following: (1) Single-family detached, attached and duplex uses: five (5) contiquous acres; (2) Multiple-family uses: five (5) contiquous acres; (3) Non-residential uses: three (3) contiquous acres; (4) Mixed residential and nonresidential uses: three (3) contiguous acresi- (5) Uses in Old Townsite: one (1) non-contiguous acre. (e) Maximum Density. The maximum density for any residential use within a PD shall not exceed the maximum density allowed in the base zoning district. Exhibit C - continued Section 2.2.1.3 Processing of Zoning Application and Decision (a) Published and Personal Notice. The Director shall cause personal notice of a public hearing(s) on the zoning map amendment before the Planning and Zoning Commission and City Council to be given in accordance with Chapter 1, Article 2, Division 2 of this Unified Development Code. (b) Posted Notice. Notification signs of a public hearing on the application for a zoning map amendment, stating the purpose of the hearing, shall be posted on the subject property in conformance with Section 1.2.2.4 of this UDC. (c) Special Notice. The City Council, by a two-thirds vote, may prescribe a different form of notice for the jointrequired public hearing(s) on a zoning amendment, in which case the notice requirements of Chapter 1, Article 2, Division 2 of this UDC do not apply. (d) Joint Public Hearings. (1) When an amendment is proposed pursuant to the provisions of this chapter, the City Council may, at its discretion, and by resolution, call a joint public hearing before the City Council and the Planning and Zoning Commission. The City Council and the Planning and Zoning Commission shall convene a joint public hearing on the zoning map amendment at the time and place designated in the notice of public hearing. The hearing shall be conducted in accordance with Chapter 1, Article 2, Division 3. The Mayor shall be the presiding officer at the joint public hearing. (2) In the event the City Council shall not elect to call a joint public hearing on such proposed amendment: a. The Director shall then call a public hearing before the Planning and Zoning Commission and such hearing shall be held prior to the Planning and Zoning Commission making its report and recommendation to the City Council. (e) Action by Commission. (1) Following the Elie-hearing described above in (Section 2.2.1.3(d)), the Planning and Zoning Commission shall formulate its report and recommendation, andrecommendation and shall forward the report and recommendation to the City Council. (2) The Planning and Zoning Commission shall recommend approval or denial of the zoning district designation sought by the applicant. If the Planning and Zoning Commission recommends denial of the zoning district designation sought by the applicant, the Commission may recommend approval of a less intense zoning district designation within the same zoning category if the category is Residential, Commercial, or Industrial. A district shall be considered less intense if it is listed in Section 2.4.1.2 of this UDC before the district sought by the applicant. (f) Decision. (1) The City Council shall consider the report of the Planning and Zoning Commission and the application for the zoning map amendment. (2) The City Council may vote on either the recommendation by the Planning and Zoning Commission regarding the zoning district designation sought in the application or any recommendation by the Planning and Zoning Commission for approval of an alternate and less intense zoning district designation. (3) The City Council may consider and vote on a zoning district designation within the same category, if the category is Residential, Commercial, or Industrial, that is less intense than the zoning district designation sought by the application without returning the application to the Planning and Zoning Commission. A district shall be considered less intense if it is listed in Section 2.4.1.2 of this UDC before the district sought by the applicant. (4) If the City Council wants to consider a zoning district designation more intense than that recommended by the Planning and Zoning Commission, the Council shall return the application to the Planning and Zoning Commission with direction to make a recommendation on the alternate designation suggested by the City Council.A district shall be considered more intense if it is listed after the recommended zoning district in Section 2.4.1.2 of this UDC. (g) Ordinance. Approval of the Council of the zoning map amendment shall be in the form of an ordinance that amends the City's official Zoning Map. The Planning Director shall identify each zoning map amendment on the Zoning Map in accordance with the change approved by the Council. Any unauthorized change of the official Zoning Map hereby is deemed to be null and void. (h) Super Majority Vote. In each of the following circumstances, a zoning amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Council: (1) When a written protest against the amendment is signed by the owners of twenty percent (20%) or more of either the area of the lots or land included in the proposed change, or of the lots or land adjoining or within two hundred feet (200') of the lots or land. In computing the percentage of land area, the area of streets and alleys shall be included in the computation. For purposes of this subsection, the following shall apply: a. The written protest of any one owner of land owned by two or more persons shall be presumed to be the protest of all such owners. b. The written protest must be submitted to the City Secretary at least five business days before the date of the meeting at which the proposed change is to be considered. c. A person who wishes to withdraw a signature from a written protest must submit a signed, written request for the withdrawal to the City Secretary by the deadline for submitting a written protest. A signature may not be otherwise withdrawn. (2) When the Planning and Zoning Commission recommends denial of the zoning amendment. (3) When the zoning amendment would establish a zoning district designation that is within the same category, if the category is Residential, Commercial, or Industrial, as but less intense than the zoning district sought by the application but recommended for denial by the Planning and Zoning Commission. (i) Joint Public Hearing for Text Amendment. The City Council shall convene a joint public hearing with the Planning and Zoning Commission to consider any zoning text amendment in accordance with the procedures for a zoning map amendment(Section 2.2.1.3(d)). (j) Consideration of Previously Denied Amendments. A request to change the zoning district designation for a tract of land shall not be considered by the Planning and Zoning Commission or the City Council within one (1)year of the Council's decision to deny the same requested change for all or any portion of the parcel, unless the Commission and Council each determine that there has been a substantial change in conditions surrounding the parcel since the initial request, and agree to reconsider the change by a three-fourths vote of the members present and voting. Section 2.2.2.4 Application Requirements (a) (a) Joint Workshop Required. An application for a PD shall not be accepted until a joint workshop has been held by the City Council and the Planning and Zoning Commission. a. The application for a PD workshop shall include the following: i. Completed application form; ii. Site plan of the proposed project; iii. Based zoning district with proposed deviations from the base zoning regulations; and iv. The required application fee. (b) Specific Items Required. No application for a PD shall be accepted by the City until the following items have been submitted to the City by the applicant. (1) A completed application form, including all requirements as stated on the application form; (2) A deed or contract on the property or similar document indicating ownership; (3) A Design Plan, prepared in accordance with Section 2.2.2.5 of this UDC; (4) A description of any development standards or requirements that are different from those in the base zoning district; (5) A description of how the proposed Planned Development fulfills the ideals, goals, objectives, and/or concepts of the City's adopted Comprehensive Plan or any other formally adopted City planning document, such as the Parks Plan or public facility plan. (6) A description of how any development standards or requirements that are different from those in the base district fulfill the items listed in (1) through (8) of Section 2.2.2.1.(b). (7) The required application fee. The application fee for are joint public workshop shall count towards the application fee for the PD application. (b) Joint Workshop Required. Before the joint public hearing (required by Section 2.2.1.3.) is held for a PD application, a joint workshop of the City Council and the Section 2.2.3.3 Processing of Application and Decision (a) Meeting and Notification. The Director shall schedule a public meeting and hearing before the Planning and Zoning Commission and the City Council on the application for a Conditional Use Permit, shall cause personal notice to be given in accordance with Section 1.2.2.3, and shall cause notice to be posted on the subject property in accordance with Section 1.2.2.4. (b) Joint Discussion and City Council Decision. An application for a Conditional Use Permit shall be presented to the The Planning and Zoning Commission for review and comment. and-The City Council shall jointly conduct a public meeting and hearing on the application- following discussion receipt of comments from with-the Planning and Zoning Commission, Tthe City Council, shall be the final decision maker regarding whether to approve, approve with conditions or modifications, or deny the permit. Ord. No. 2000T-4, Section 2.2.3.3, September 24, 2007.