Ord. 2000-T-36 2022-02-14Ordinance No. 2000T-36
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
2.5.2.1, the Residential Land Use Matrix, and Chapter 2, Section 2.5.2.2, the
Non-Residential Land Use Matrix, to change or add new land uses to the
table and the zoning districts that would allow them by right (P) or by
Conditional Use Permit (C), including Alternative Financial Services, Cigars
or Tobacco Store (Retail Only), Vape, Smoke, or Head shops (Retail Only),
Cannabidiol (CBD) Retail, Mini-Warehouse/Self Storage, Studio or Learning
Center for Fine or Performing Arts, Dwelling –Four-Family (Quadruplex),
Auto Glass Repair/Tinting and Auto Interior Shop/Upholstery. Amendments
to Chapter 2, Section 2.5.3.2, Regulations Specific to Use, to add additional
regulations specific to certain land uses, including Alternative Financial
Services, Cigars or Tobacco Store (Retail Only), Vape, Smoke, or Head
shops (Retail Only), Cannabidiol (CBD) Retail, and Mini-Warehouse/Self
Storage. Amendments to Chapter 5, Section 5.1.1.1, General Definitions, to
redefine certain land uses or create definitions for new land uses in the Land
Use Matrices, including Alternative Financial Services, Cigars or Tobacco
Store (Retail Only), Vape, Smoke, or Head shops (Retail Only), and
Cannabidiol (CBD) Retail; containing a savings clause, a severability clause,
and an effective date and other provisions related to the subject.
WHEREAS, on the 3rd day of January, 2022, 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 4th day of January, 2022, 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,
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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-2, and C-3” 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 an d 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 in valid, unconstitutional or otherwise
unenforceable by any court of compete nt 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 thi s 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 newspape r of the
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City of Pearland, upon passage of such Ordinance. The Ordinance shall become
effective immediately upon final passage.
PASSED, APPROVED, and ADOPTED on First Reading this 24th day of January
2022.
________________________
J.KEVIN COLE
MAYOR
ATTEST:
__________________________
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14th day of February
2022.
_______________________
J. Kevin Cole
Mayor
ATTEST:
____________________________
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
_____________________________
DARRIN M. COKER
CITY ATTORNEY
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Ord. No. 2000T-35
Exhibit A
Legal Notice
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Page 6 of 7
Ord. No. 2000T-35
Exhibit B
Planning and Zoning Commission Recommendation Letter
Recommendation Letter
January 4, 2022
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Amendments to the Unified Development Code – 2000-T-36
Honorable Mayor and City Council Members:
At their regular meetings on January 3, 2023, the Planning and Zoning Commission
considered the following:
A request by the City of Pearland, applicant, for approval of proposed amendments
to the Unified Development Code, Ordinance No. 2000T, to include :
1.Amendments to Chapter 2, Section 2.5.2.1, the Residential Land U se Matrix, and
Chapter 2, Section 2.5.2.2, the Non-Residential Land Use Matrix, to change or
add new land uses to the table and the zoning districts that would allow them by
right (P) or by Conditional Use Permit (C), including Alternative Financial
Services, Cigars or Tobacco Store (Retail Only), Vape, Smoke, or Head shops
(Retail Only), Cannabidiol (CBD) Retail, Mini-Warehouse/Self Storage, Studio or
Learning Center for Fine or Performing Art s, Dwelling –Four-Family
(Quadruplex), Auto Glass Repair/Tinting and Auto Interior Shop/Upholstery.
2.Amendments to Chapter 2, Section 2.5.3.2, Regulations Specific to Use, to add
additional regulations specific to certain land uses, including Alternative Financial
Services, Cigars or Tobacco Store (Retail Only), Vape, Smoke, or Head shops
(Retail Only), Cannabidiol (CBD) Retail, and Mini-Warehouse/Self Storage.
3.Amendments to Chapter 5, Section 5.1.1.1, General Definitions, to redefine
certain land uses or create definitions for new land uses in the Land Use
Matrices, including Alternative Financial Services, Cigars or Tobacco Store
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(Retail Only), Vape, Smoke, or Head shops (Retail Only), and Cannabidiol (CBD)
Retail.
Staff discussed the request from City Council to have vape shop / smoke shops,
Alternative Financial Services, and Mini-warehouse/Self-storage moved to the M-2
district along with the P&Z recommended alternative solutions, and the staff initiated
UDC updates. There was no additional discussion from the public.
The Commission voted on Exhibit A (labeled within this Ordinance as C-1) that detailed
the proposal with a vote of 1 (Cade) - 3 (Boswell, Dansby, Fuertes) to not approve the
City Council Recommended action.
The Commission took a vote on Exhibit B (labeled within this Ordinance as C-2) which
details an alternative solution to addressing vape shop / smoke shops, Alternative
Financial Services, and Mini-warehouse/Self-storage Uses through amendments to the
land use matrix, regulations specific to use, and new definitions. The vote on Exhibit B
with modifications to the definition of vape/smoke/tobacco/head shop use was 3
(Boswell, Dansby, Fuertes) - 1 (Cade) to approve the recommendation. Commissioner
Cade stated that she did not agree with having vape shops within the GC district.
Chairperson Fuertes stated that he was comfortable with the recommendation on vape
due to the 300’ distance from the property line. Commissioner Dansby stated that he
liked this set of regulations as it defined the box for where the uses could be developed.
The vote on Exhibit C (labeled within this Ordinance as C-3) which detailed Cannabidiol
retail, studio or learning center for fine or performing arts, quadruplex, and
indoor/outdoor auto glass or auto upholstery uses was 3 (Boswell, Dansby, Fuertes) - 1
(Cade) to approve the recommendation. Commissioner Cade stated that she did not
want CBD in the GC district.
The P&Z did not recommend approval of Exhibit C-1. The items in C-1 are further
explored in C-2 where the P&Z had a positive recommendation for that exhibit along
with exhibit C-3.
Sincerely,
Martin Griggs, AICP, CNU-A
Planning Manager
On behalf of the Planning and Zoning Commission
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Text in red is to be added, Text with strikethrough is to be removed.
EExxhhiibbiitt CC--11:: CCiittyy CCoouunncciill RReeqquueesstteedd AAmmeennddmmeennttss
SSeeccttiioonn 22..55..22..22:: TThhee NNoonn--RReessiiddeennttiiaall LLaanndd UUssee MMaattrriixx
Retail & Business Service Uses
S1 S2 S3 S4 S5 C-MU G/O-MU OT-GB OT-MU RRN OP BP-288 NS GB GC M-1 M-2 Cigars, Tobacco or E-
Cigarettes Shop (Retail
Only)
C C C C C C C C C
Vape shop / Smoke
shop C
Office Uses
S1 S2 S3 S4 S5 C-MU G/O-MU OT-GB OT-MU RRN OP BP-288 NS GB GC M-1 M-2 Alternative Financial
Services
C
Commercial & Related Service Uses
S1 S2 S3 S4 S5 C-MU G/O-MU OT-GB OT-MU RRN OP BP-288 NS GB GC M-1 M-2 Mini-Warehouse/Self
Storage C C C C C
Text in red is to be added, Text with strikethrough is to be removed.
EExxhhiibbiitt CC--22:: PPllaannnniinngg aanndd ZZoonniinngg rreeccoommmmeennddeedd aammeennddmmeennttss [[aammeennddeedd aafftteerr CCoouunncciill iinnppuutt]]
SSeeccttiioonn 22..55..22..22:: TThhee NNoonn--RReessiiddeennttiiaall LLaanndd UUssee MMaattrriixx
Office Uses
S1 S2 S3 S4 S5 C-MU G/O-MU OT-GB OT-MU RRN OP BP-288 NS GB GC M-1 M-2 Alternative Financial
Services (No Motor
Bank Services)
C*
* See Section 2.5.3.2 Regulations Specific to Use
Retail & Business Service Uses
S1 S2 S3 S4 S5 C-MU G/O-MU OT-GB OT-MU RRN OP BP-288 NS GB GC M-1 M-2 Cigars, or Tobacco or E-
Cigarettes Shop (Retail
Only)
C C C C C C C C* C
Vape, Smoke, Tobacco,
or Head shops (RETAIL
ONLY)
C*
* See Section 2.5.3.2 Regulations Specific to Use
Commercial & Related Service Uses
S1 S2 S3 S4 S5 C-MU G/O-MU OT-GB OT-MU RRN OP BP-288 NS GB GC M-1 M-2 Mini-Warehouse/Self
Storage C* C* C* C* C*
* See Section 2.5.3.2 Regulations Specific to Use
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(d) Vape, Smoke, Tobacco, or Head shops – Each facility established after (date of
approval) must meet the following conditions:
a. A distance of 1,000 feet shall be required from the property line where the use is
being conducted to the property line of a School, Place of Worship, or Child Day
Care Center.
Text in red is to be added, Text with strikethrough is to be removed.
b. A distance of 300 feet shall be required from the property line where the use is
being conducted to the right-of-way of a residential subdivision entrance.
c. For properties that have frontage on a Corridor Overlay District, the use being
conducted may not be within the first 300 feet from the property line of the
designated roadway.
d. The use may only operate between the hours of 8:00 A.M. to 10:00 P.M. each day.
e. No facility may be established within 1,320 feet as measured from the property
lines of the parcel where the facility is located to another facility of the same use.
(e) Alternative Financial Services – Each facility established after (date of approval) must
meet the following conditions:
a. For properties that have frontage on a Corridor Overlay District, the use being
conducted may not be within the first 300 fe et from the property line of the
designated roadway.
b. The use may only operate between the hours of 8:00 A.M. to 10:00 P.M. each day.
c. No facility may be established within 1,320 feet as measured from the property
lines of the parcel where the facility is lo cated to another facility of the same use.
(f) Mini-Warehouse / Self Storage – Each facility established after (date of approval) must
meet the following conditions:
a. The use is prohibited from locating along any roadway with the Corridor Overlay
District designation with exception to Main Street (State Highway 35).
b. A distance of 300 feet shall be required from the property line where the use is
being conducted to the right-of-way of a residential subdivision entrance.
c. The use shall be climate controlled with exception to any accessory outdoor
storage areas for vehicles.
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(18) Alternative Financial Services: Any non-chartered financial institution offering check
cashing services, money orders/transfers, currency exchange, payday loans, refund anticipation
loans, car title loans, and or similar services as its primary function .
(107) CIGAR, TOBACCO OR E-CIGARETTES SHOP (RETAIL ONLY): A shop that specializes
in the sale of cigars or other tobacco products including e -cigarettes and vaping lounges.
(590) Vape, Smoke, Tobacco, Cannabidiol (CBD), or Head sales: The incidental sale of
vape, tobacco, or nicotine products including electronic cigarettes, electronic vaping, hookah,
Cannabidiol (CBD) or similar products for consumption. This definition shall include instrument,
device, article, or contrivance used, designed for use, or intended for use in ingesting, smoking,
administering or preparing vape, tobacco, nicotine, Cannabidiol (CBD), or similar legal products.
This definition may be conducted incidentally within a General Retail or similar use.
Text in red is to be added, Text with strikethrough is to be removed.
(591) Vape, Smoke, Tobacco, or Head Shops: A shop that specializes in the sale of vape,
tobacco, or nicotine products including electronic cigarettes, electronic vaping, hookah, or
similar products for consumption. Accessory uses to this definition shall include hookah cafes,
tobacco clubs, tobacco bars, vape lounge or similar establishments. This definition shall include
instrument, device, article, or contrivance used, designed for use, or intended for use in
ingesting, smoking, administering or preparing vape, tobacco, nicotine, or similar legal products.
For an establishment to specialize in the sale of these products, the total sales of the products
or floor space shall be greater than five percent of total sales or floor space.
Text in red is to be added, Text with strikethrough is to be removed.
EExxhhiibbiitt CC--33:: PPllaannnniinngg aanndd ZZoonniinngg aanndd SSttaaffff iinniittiiaatteedd aammeennddmmeennttss [[aammeennddeedd aafftteerr CCoouunncciill iinnppuutt]]
SSeeccttiioonn 22..55..22..22:: TThhee NNoonn--RReessiiddeennttiiaall LLaanndd UUssee MMaattrriixx
Retail & Business Service Uses
S1 S2 S3 S4 S5 C-MU G/O-MU OT-GB OT-MU RRN OP BP-288 NS GB GC M-1 M-2 Cannabidiol (CBD)
Retail C*
* See Section 2.5.3.2 Regulations Specific to Use
Personal & Business Service Uses
S1 S2 S3 S4 S5 C-MU G/O-MU OT-GB OT-MU RRN OP BP-288 NS GB GC M-1 M-2 Studio or Learning
Center for Fine or
Performing Arts
P C C C C C P C C P C C P P P C P C
Primary Residential Uses
S1 S2 S3 S4 S5 C-MU G/O-MU OT-GB OT-MU RRN OP BP-288 NS GB GC M-1 M-2 Dwelling - Four-Family
(Quadruplex) (Defined
Under Dwelling -
Multiple-Family)
C P
Primary Residential Uses
SD R-E SR-15 SR-12 R-1 R-2 R-3 R-4 TH MF MH OT-R Dwelling - Four-
Family
(Quadruplex)
(Defined Under
Dwelling -
Multiple-Family) P P P
Text in red is to be added, Text with strikethrough is to be removed.
Automobile-Related Service Uses
S1 S2 S3 S4 S5 C-MU G/O-MU OT-GB OT-MU RRN OP BP-288 NS GB GC M-1 M-2 Auto Glass
Repair/Tinting (Indoor) C C C P C P P P
Auto Glass
Repair/Tinting
(Outdoor)
C C C C P P
Auto Interior
Shop/Upholstery
(Indoor)
C C C C P C P P P
Auto Interior
Shop/Upholstery
(Outdoor)
C C C C C P P
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(e) Cannabidiol (CBD) Retail – Each facility established after (date of approval) must meet
the following conditions:
a. A distance of 1,000 feet shall be required from the property line where the use is
being conducted to the property line of a School, Place of Worship, or Child Day
Care Center.
b. A distance of 300 feet shall be required from the property line where the use is
being conducted to the right-of-way of a residential subdivision entrance.
c. For properties that have frontage on a Corridor Overlay District, the use being
conducted may not be within the first 300 feet from the property line of the
designated roadway.
d. The use may only operate between the hours of 8:00 A.M. to 10:00 P.M. each day.
e. No facility may be established within 1,320 feet as measured from the property
lines of the parcel where the facility is located to another facility of the same use.
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(94) Cannabidiol (CBD) Retail: An establishment specializing in the sale of products related to
or derived from cannabidiol CBD) oil or hemp. This includes, but is not limited to oils, vitamins,
supplements, food, personal care, and garments. For an establishment to specialize in the sale
of this product, the total sales of the product or floor space shall be greater than five percent of
total sales or floor area.