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Ord. 2000T-38 2022-10-24Ordinance No. 2000T-38 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, Chapter 2, Section 2.2.5.5 and Section 2.5.3.2 (c) and Chapter 5, Section 5.1.1.1(a) to update use tables and definitions for Outside/Outdoor Uses (Display, Storage, and Sales); Section 2.5.3.2 (c) to include Regulations to allow a permitted by right option for Outdoor Storage in the GB and GC Districts; Chapter 2, Section 2.4.5.1 (i) (4) to allow alternative subdivision fence materials along Corridor Overlay District Roads; Chapter 2, Section 2.2.5.5 to remove Furniture/Appliances - Open Storage & Retail Sale and Amend Land Use Matrix; and Chapter 4, Section 4.2.1.2(a), to update parking requirements for Furniture and/or Appliance Store (Retail or Rental Only, Indoor Only); and containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, on the 19th day of September 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 19th day of September 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, 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 DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D 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. DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D PASSED, APPROVED, and ADOPTED on First Reading this 10th day of October 2022. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day of October 2022. ________________________ J. KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _____________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Exhibit A Legal Notice DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Exhibit B Planning and Zoning Commission Recommendation Letter Recommendation Letter September 21, 2022 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Amendments to the Unified Development Code – 2000-T-38 Honorable Mayor and City Council Members: At their regular meetings on September 19, 2022, 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 (UDC), Ordinance No. 2000T, in accordance with Section 1.1.4.1 of the Unified Development Code, to include: A request by the City of Pearland, applicant, for approval of proposed amendments to the Unified Development Code (UDC), Ordinance No. 2000T, in accordance with Section 1.1.4.1 of the Unified Development Code, to include: 1. Amendments to Chapter 2, Section 2.2.5.5 and Section 2.5.3.2(c) and Chapter 5, to update use tables and definitions for Outside/Outdoor Uses (Display, Storage, and Sales), and Section 2.5.3.2 (c) to include Regulations to allow a permitted by right option for Outdoor Storage in the GB and GC Districts. 2. Amendments to Chapter 2, Section 2.4.5.1(i)(4) to allow alternative subdivision fence materials along Corridor Overlay District Roads; and 3. Amendments to Chapter 2, Section 2.2.5.5 to remove Furniture/Appliances - Open Storage & Retail Sale and Amend Land Use Matrix; and Chapter 4, Article 2, Section 4.2.1.2(a), to update parking requirements for Furniture and/or Appliance Store (Retail or Rental Only, Indoor Only). Staff presented the amendments to the UDC on outdoor uses, residential subdivision fencing along Corridor Overlay Districts, and furniture/appliance use. In the fence section, the commission discussed the designated person to provide approval of the alternative fence DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D material. An amendment was made to change Community Development Director to City Manager or their designee which was approved unanimously. Then in the furniture section, there was discussion about how the proposed amendment matched what the Commission had discussed. After brief discussion, the Commission took a vote, the motion to approve the requested UDC amendments was approved by a vote of 6-0. Sincerely, Martin Griggs, AICP, CNU-A Planning Manager On behalf of the Planning and Zoning Commission DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Text in red is to be added, Text with strikethrough is to be removed. FURNITURE AND/OR APPLIANCE STORE USE AND PARKING PROPOSED AMENDMENTS Chapter 2, Article 5, Section 2.5.2.2 The Non-Residential Land Use Matrix *Open storage to be covered by Section 2.5.3.2 (c): Regulations Specific to Use – Outdoor activities Chapter 4, Article 2, Section 4.2.1.2(a), Off-Street Parking Table (a) Off-Street Parking Table Use Minimum number of Spaces: Furniture and/or Appliance Store (Retail or Rental Only, Indoor Only) One space for each 200 square feet of gross floor area. if store is under 25,000 square feet or One space for each 300 square feet of gross floor area if greater or equal to 25,000 square feet. Furniture/Appliances - Open Storage & Retail Sale One space per 500 square feet of gross floor area. Chapter 5, Article 1, Section 5.1.1.1, General Definitions 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 Furniture and/or Appliance Store (Retail or Rental Only, Indoor Only) P P P C C P C P P P C Furniture/A ppliances - Open Storage & Retail Sale C P P P Text in red is to be added, Text with strikethrough is to be removed. (258) FURNITURE AND/OR APPLIANCE STORE (RETAIL OR RENTAL ONLY, INDOOR ONLY): A business that engages in the sale or rental of household furniture, appliances, and related consumer goods. (259) FURNITURE/APPLIANCES - OPEN STORAGE & RETAIL SALE: A business that engages in the sale or rental of household fu rniture, appliances, and related consumer goods, with outdoor storage of said products. Text in red is to be added, Text with strikethrough is to be removed. OUTSIDE/OUTDOOR USE AND ACTIVITIES PROPOSED AMENDMENTS Definitions: (Chapter 5) OUTSIDE DISPLAY: (Also referred to as Outside or Outdoor Sales.) Any primary accessory use of a premises whereon goods, materials, or merchandise is displayed for the purpose of sale on a temporary basis for not more than twenty-four (24) hours, and which the display area is greater than thirty percent (30%) of the gross floor area of on the pedestrian area immediately adjacent to the front of the principal building. OUTSIDE STORAGE: (Also referred to as Open Storage.) Keeping, displaying, or storing, outside a the principal building, of any goods, materials, merchandise or equipment on a lot or tract on a generally permanent basis for more than twenty-four (24) hours. This includes storage within boxes, containers, portable sheds, trailers, and other structures that are not permanently affixed to a foundation, do not resemble the main onsite building in architectural style, or are not assembled onsite. (New Definition) OUTSIDE SALES: Sale of merchandise, goods, or materials in conjunction with temporary or seasonal events associated with the principal use of the building, use, or site. Section 2.2.5.5 The Nonresidential Land Use Matrix C C C Text in red is to be added, Text with strikethrough is to be removed. Section 2.5.3.2 (c) Outside Activities and Uses 1. All Land Uses as listed within Land Use Matrices and define d within Chapter 5 may have more specified allowances or requirements which would supersede the above requirements. 2. Outdoor activities are limited to non-residential uses in residential zoning districts as per Section 2.5.6.2 of this Chapter. 3. For GB and GC zoning districts, outdoor activities or uses shall be limited to the portion of the property that is not adjacent to the residential use or zoning district. Should a non-residential use in a residential zoning district be adjacent to either of these zoning districts then outdoor activities or uses may be allowed in that yard provided that the required buffer is maintained. 4. All display areas out of doors shall be confined to a pedestrian walkway immediately adjacent to the building housing the prim ary use, shall not extend from such building a distance of more than ten feet (10’), and shall not be located wholly under a permanent part of a main business building such as a marquee, provided that adequate pedestrian access is maintained. Adequate pedestrian access shall be an unobstructed thirty-six-inch (36”) walkway. 5. All temporary sales shall be limited to the number of occurrences listed between the parenthesis (x). Temporary sale of products associated with the primary use of the site and affiliated with the celebration of a holiday or national events (e.g., Hanukkah, Presidents’ Day, Easter, etc.) shall be permitted for a period of forty-five (45) days prior to the day of the holiday celebration. The sale of goods in relation to special, local, or store events (e.g., spring sale, Party on the Grand, civic club event, etc.) shall also be permitted, but shall be limited to the above number of occurrences, not to exceed a sale period of more than sixty (60) days. The Building Official shall issue a permit for such sale when he finds: i. That there is an adequate off-street parking area, approved by the City; and ii. That the location and layout of drives and parking areas, of lighting and of temporary sales signs will not constitute a hazard to public traveling C C Text in red is to be added, Text with strikethrough is to be removed. to the abutting public streets and will not obstruct the visibility along such streets. 6. Outside storage may be permitted without a Conditional Use Permit in the General Business and General Commercial District if it meets the following criteria in addition to existing UDC regulations in Chapters 2 and 4 i. The height of stored materials or goods between the principal building and the public right-of-way, shall not exceed the height of the screening wall. ii. Outside storage, which is not an extension of the principal building, shall not exceed 1000 square feet or 5% of the total site area whichever is greater. iii. Outside storage shall not be permitted in a multi-tenant commercial development iv. No outside storage shall be permitted between the front building line and the front face of the principal building. Other Existing Regulations Section 2.4.5.1(c)(4) Corridor Overlay Districts Section 2.6.1.1 (g) Section 4.2.4.1(d) – Screening Text in red is to be added, Text with strikethrough is to be removed. Text in red is to be added, Text with strikethrough is to be removed. SCREENING MATERIALS FOR CORRIDOR OVERLAY DISTRICT SUBDIVISIONS PROPOSED AMENDMENT Section 2.4.5.1(i)(4) (4) Residential Subdivision Fences: a. Residential subdivision fences shall be uniform in style, color, and material along the length of the subdivision. b. If visible from a street right-of-way, subdivision fences shall be constructed of masonry materials. Alternative screening material may be approved if it meets the spirit and intent of this Section, if it is demonstrated to be decorative, 100% opaque, durable, and generally maintenance-free, and if the City Manager or his designee finds the material to be in the public interest to approve the alternative screening material. However, large-lot subdivisions, which are defined as subdivisions with average lot sizes of one-half acre or more, shall be permitted to be screened with a wood rail fence. Current Regulations on Residential Subdivision Screening Section 2.4.5.1 COD, Corridors Overlay District (i) Screening Standards Section 4.2.4.1 Screening Text in red is to be added, Text with strikethrough is to be removed. Text in red is to be added, Text with strikethrough is to be removed.