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Ord. 2000-T-35 2021-08-23Ordinance No. 2000T-35 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, Amendments to Chapter 2, Section 2.7.3.7, Special Exception for Nonconformities, of the Unified Development Code, to allow non -masonry screening options from residential zoning or uses by special exceptions to be granted by the Zoning Board of Adjustment; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, on the 19th day of July, 2021, a Public Hearing was held before the Planning and Zoning Commission 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 20th day of July, 2021, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council, whereby the Commission recommended approval of the amendments, 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict.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 Unified Development Code 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. 2021. PASSED, APPROVED, and ADOPTED on First Reading this 9th day of August EVIN COLE MAYOR Page 2 of 6 Ord. No. 2000T-35 ATTST: TRMC, CMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd day of August 2021. EVIN COLE MAYOR YSTAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. CO ER CITY ATTORNEY Page 3 of 6 Ord. No. 2000T-35 Exhibit A Legal Notice NOTICE OF PUBLIC HEARINGS OF THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF THE CITY OF PEARLAND TEXAS Notice is hereby given that the Planning and Zoning Commission of the City of Pearland. in Brazoria, Harris and Fort Bend Counties, Texas, will hold a public hearing on Monday, July 19, 2021, at 6 30 p m . at City Hall, 3519 Liberty Dr.. Pearland, Texas 77581; and lhat the City Council of the City of Pearand will hold a hearing and Ordinance adoption consideration on Monday, August 9, 2021, at 6:30 p.m., at City Hall, 3519 Liberty Dr., Pearland. Texas 77581, by telephone/video conference and in -person with social distancing protocols and restrictions in order to advance the public health goal of limiting face-to-face meetings to slow the spread of the Coronavirus (COVID-19). for the following cases: 1. Unified Development Code Amendments (2000-T-35): A request by the City of Pearland, applicant. for approval of proposed amendments to the Unified Development Code, Ordinance No. 2000T, in accordance with Section 1.1,4.1 of the Unified Development Code, to include - a. Amendments to Chapter 2. Section 2.7 3.7, Special Exception for Nonconformities, of the Unified Development Code, to allow non - masonry screening options from residential zoning or uses by spe- cial exceptions to be granted by the Zoning Board of Adjustment. 2. Thoroughfare Plan Amendments: A request by the City of Pearland. appli- cant. for approval of proposed amendments to the Thoroughfare Plan of the City's Comprehensive Plan, in accordance with Texas Local Government Code Section 211.004. to promote health, safety. general welfare. and provide for ade- quate facilities for transportation. 3. Zone Change Application No. ZONE 21-00010: A request by Eric Langan, applicant. on behalf of RCI Holdings Inc., owner, for approval of a zone change Irom the Business Park-288 (BP-288) District to the General Commercial (GC) District, on approximately 11.25 acres of land. to wit: Legal Description: A tract or parcel of land containing 11.250 acres or 490,034 square feet, being the same called 11.250-acre tract described in a deed to International Bank of Commerce, as recorded under Harris County Clerk's File (H.C.C.F.) No. 20120249527, situated in the D. White Survey. Abstract No. 881. Harris County, Texas. General Location: Southeast Corner of Sam Houston Tollway and State Highway 288 4. Zone Change Application No. ZONE 21-00011: A request by Tricia Cardoso, applicant, on behalf of Thomas Skanah. owner, for approval of a zone change from the General Business (GB) District and Office Processional (OP) District to the General Commercial (GC) District, on approximately 3.3655 acres of land: to wit: Legal Description: A tract of land containing 3.3655 acres (146,602 square feet). being out of Lot 23 of the Allison -Richey Gulf Coast Home Company Subdivision of Section 8, H.T. & B.R.R. Company Survey, Abstract No. 504, Brazoria County, Texas, according lathe plat recorded in Volume 2, Page 23 of the Plat Records of Brazoria County, Texas. General Location: 6743 Broadway Street, Pearland, TX. AI 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. Mohamed A. Bireima, AICP Senior Planner Page 4 of 6 Ord. No. 2000T-35 Exhibit B Planning and Zoning Commission Recommendation Letter Planning & Zoning Commission Recommendation Letter July 20, 2020 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Amendments to the Unified Development Code — 2000-T-35 Honorable Mayor and City Council Members: At their regular meetings on July 19, 2021, 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 2.7.3.7, Special Exception for Nonconformities, of the Unified Development Code, to allow non -masonry screening options from residential zoning or uses by special exceptions to be granted by the Zoning Board of Adjustment. Residents, Darnell Dow and Chad Wixon briefly spoke to the commission about this request stating their support of the proposal. There was no further discussion from Staff, P&Z Commission or Public input. Chairperson Fuertes read into the record the items on Consideration and Possible Action — Unified Development Code Amendments (2000-T-35). Commissioner Cade made a motion to recommend approval to City Council, Commissioner Boswell seconded the motion. The motion was approved by a vote of 7-0. Page 5 of 6 Ord. No. 2000T-35 Sincerely, Martin Griggs, AICP, CNU-A Planning Manager On behalf of the Planning and Zoning Commission Page 6of6 Ord. No. 2000T-35 Exhibit C — Amended UDC Section Section 2.7.3.7 Special Exceptions for Nonconformities (a) Exceptions Criteria. Upon written request of the property owner, the Zoning Board of Adjustment (ZBA) may grant special exceptions to the provisions of this code, limited to and in accordance with the following: (1) Expansion of a nonconforming use within an existing structure provided that, in the case of a nonconforming residential use, such expansion does not increase the number of dwelling units to more than the number existing when the use first became nonconforming. (2) Expansion of the gross floor area of a nonconforming structure or a conforming structure on property that is conforming, provided that such expansion does not decrease any existing setback. Re -construction of a nonconforming structure that has been totally destroyed, or resumption of a nonconforming use previously abandoned, only upon finding that the failure to grant the special exception deprives the property owner of substantially all use or economic value of the land. (4) Construction of a new structure on the same property where a nonconformity already exists, whether it is a nonconformity in an existing structure or of the property itself, provided the new structure assumes the existing nonconforming status and no nonconforming use is expanded into the structure. In granting special exceptions under this Section 2.7.3.7, the ZBA shall avoid doing so merely to allow a convenience or convey an advantage to the applicant but instead shall endeavor to reduce the nonconforming nature of the nonconforming use whenever possible and so may impose such criteria as are necessary to bring the property into further compliance with this code, protect adjacent property owners, and to ensure the public health, safety and general welfare, including specifying the period during which the nonconforming use may continue to operate or exist before having to conform to the standards of this Code. (3) (5) (b) The ZBA may grant special exceptions for the following: (1) To interpret the provisions of this chapter in a way so as to carry out the intent and purpose of this chapter, adjust districts where the street layout actually on the ground varies from the street layout as shown on the maps. (2) To reduce the parking and loading requirements in an amount not exceeding thirty-three percent (33%) of the normal requirement in any of the districts whenever the character or use of the building makes unnecessary the full provision of parking or loading facilities, as contrasted with merely granting an advantage or a convenience, as in the following situations: a. Housing specifically designed and intended for use by the elderly, disabled, or other occupants typically having a lower expectation of automobile ownership; b. Adaptive reuse or restoration of a historically or architecturally significant structure; (3) Exhibit C - Amended UDC Section c. Expansion of a nonprofit, public or social service use on an existing site; and d. Conversion of a nonconforming use to what would otherwise be a conforming use, except for the parking and loading requirements. To allow off -site parking where all or part of the minimum number of parking spaces required in Chapter 4, Article 2, Division 1 (Parking) of this UDC are located within three hundred feet (300') on a lot or tract of land that is legally separate from the property containing the principal use served by the parking area, provided that: a. Both lots or tracts are under the same ownership; or b. It can be established that two or more uses, applying jointly and concurrently for the special exception, will be sharing a parking area that may be on property that is not under the same ownership as one or more of the uses to be served by the parking, where the shared parking area has a capacity of at least the minimum number of spaces for the use having the greatest minimum requirement, where all uses have their primary need for parking during offsetting periods so that the parking area will be utilized by only one principal use at a time, and where the arrangement is documented through a long-term lease or other written agreement. (4) To allow the reconstruction of a nonconforming building which has been damaged to the extent of more than fifty percent (50°/0) of its replacement cost. To allow a change to another nonconforming use. If no structural alterations are made, any nonconforming use of a structure or structure and premises in combination may, as a special exception, be changed to another nonconforming use, provided the Zoning Board of Adjustment finds that the proposed nonconforming use is not more nonconforming in the district than the previously existing nonconforming use. (6) To allow the City to issue a building permit for expansion of a preexisting nonconforming use that is not in compliance with the Future Land Use Plan Map and/or zoning district when the Zoning Board of Adjustment determines that this special exception will not adversely impact water, wastewater, drainage, and street transportation systems, and is in accord with all City codes and applicable Comprehensive Plan policies, including those pertaining specifically to land use compatibility. (7)To allow for the reasonable reduction, to the minimal amount possible, of requirements related to the following improvements to allow for compliance with the City's adopted requirements for development (and their spirit and intent), but also to allow for the use and enjoyment of property within Pearland (also see Article 1, Division 3 of Chapter 4 for triggers related to these improvements): a. Landscaping - As required within the applicable zoning district (Chapter 2) and/or in Chapter 4, Article 2, Division 2; b. Screening/fencing - As required within the applicable zoning district (Chapter 2) and/or in Chapter 4, Article 3, Division 4; (5) Exhibit C - Amended UDC Section c. Fagade requirements - As required within the applicable zoning district (Chapter 2) and/or in Chapter 2, Article 6, Division 2. (8) To allow for a reasonable amount of time for a nonconforming use to be brought to a lesser -nonconforming status or to a conforming status by allowing an applicant to make improvements to an existing, developed property or building over a period of time, instead of requiring such improvements to be made immediately, or prior to a Certificate of Occupancy. (9) To allow a non -conforming buffer on a developed property that existed prior to the adoption of the masonry screening wall requirements to install an alternative screening fence provided that the proposed screening fence is 100% opaque.