Ord. 2000-T-08 2008-08-25ORDINANCE NO. 2000-T-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF
TWE UNIFIED DEVELOPMENT CODE OF THE CITY; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, on the 21St day of July, 2008, 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 "C", said call and notice being in strict conformity with
provisions of Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 31St day of July, 2008, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City
Council regarding the proposed amendments to the Unified Development Code,
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 "A" attached hereto and made a part hereof
for all purposes.
ORDINANCE NO. 2000-T-8
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herewith are hereby repealed but only to the extent of such conflict.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.
PASSED and APPROVED ON FIRST READING this the 11~h day of
August, 2008.
o~ ~~~
TOM REID
MAYOR
Page 2 of 3
Ord Na 2000T-8
ORDINANCE NO. 2000-T-8
ATTEST
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PASSED and APPROVED ON SECOND AND FINAL READING this the
25th day of August, 2008.
~J t/~/'V C CX
TOM REID
MAYOR
,;. Q~ARLgNQ; '
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ATTEST: ;<~~: ,,:.
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~~-~--~'' ~ V~,,QTING RECORD SECOND AND FINAL READING
Y NG D M """ ~••'^"'•~~1UGUST 25.2008
Y S RETAR Voting "Aye" - Councilmembers Owens, Saboe, Beckman
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Kyle, and Cole.
Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE: August 27, 2008
EFFECTIVE DATE: September 6, 2008
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND. TEXAS
Page 3 of 3
Ord No 2000T-8
Exhibit "A"
Ordinance No. 2008-T-8
Section 1.1.2.2 Director of Planning
(a) Responsible Official. The Director of Planning is the responsible official for the
following types of development applications and relief petitions:
(1) Petition for amending the Comprehensive Plan;
(2) Petition for a zoning map amendment, including a petition for creation of an
overlay district, or Planned Development (PD) district;
(3) Application for a Conditional Use Permit;
(4) Application for a Cluster Development Plan;
(5) Application for a special exception;
(6) Application for change in status of a nonconformity;
(7) Application for a Subdivision Master Plat, Preliminary Subdivision Plat,
Preliminary Development Plat, Final Subdivision Plat, Final Development
Plat, Minor Subdivision Plat, amending plat, and replat;
(8) Appeal of a decision on any application for which the Director is the
responsible official;
(9) Variance petition for any application for which the Director is the responsible
official;
(10) Vested rights petition for any decision where the Director is the responsible
official for the application for which the vested rights petition is filed; and
(11) Application for a sign permit.
(b) Initial Decision-Maker. The Director of Planning is the initial decision-maker for the
following types of development applications and relief petitions, subject to appeal as
provided in this Chapter 1:
(1) Application for a Minor Subdivision Plat;
(2) Application for an amending plat; and
(3) Vested rights petition for any decision for which the Director is the initial
decision-maker.
1
Section 1.1.2.3 City Engineer
(a) Responsible Official. The City Engineer is the responsible official for the following
types of development applications and relief petitions (except as provided):
(1) Application for approval of construction plans, and all related construction
management tasks, including without limitation, approval of contracts for
public improvements;
(2) Application for a DevelopmenUGrading Permit for compliance with flood plain
regulations;
(3) Appeal of a decision on any application for which the City Engineer is the
responsible official, except a Site Preparation Permit which shall be appealed
to the City Manager in accordance with Section 1.1.2.6;
(4) Variance petition for any application for which the City Engineer is the
responsible official;
(5) Vested rights petition for any decision where the City Engineer is the
responsible official for the application for which the vested rights petition is
filed; and
(6) Petition for relief from a dedication or construction requirement.
(b) Initial Decision-Maker. The City Engineer is the initial decision-maker for the
following types of development applications and relief petitions, subject to appeal as
provided in this Chapter 1:
(1) Application for approval of construction plans, and all related construction
management tasks, including without limitation approval of a contract for
public improvements;
(2) Application for a DevelopmenUGrading Permit for compliance with flood plain
regulations; and
(3) Vested rights petition for any decision for which the City Engineer is the initial
decision-maker.
(c) Floodplain Administrator. The City Engineer is the Floodplain Administrator for the
City and shall carry out duties and responsibilities as authorized in the Flood Hazard
Prevention Ordinance, Ordinance No. 532 and No. 532-4, as amended.
2
Section 1.1.2.4 Building Official
(a) Responsible Official and Initial Decision-Maker. The Building Official is the
responsible official for and shall initially decide the following types of applications:
(1) Building permit;
(2) Certificate of occupancy;
(3) Water and sewer impact fees; and
(4) Application for a Site Preparation permit.
(b) Initial Decision-Maker on Appeals. The Building Official is the initial decision-
maker for appeals of the following application, subject to further appeal as provided
for in this Chapter 1:
(1) Certificate of Occupancy;
3
Section 2.4.2.5 R-1, Single-Family Residential-1 District
(a) Purpose. The Single-Family Residential-1 District (R-1) is intended to permit the low
density residential development of detached single-family dwelling units and
appropriate desirable open space.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Area -Eight thousand and eight hundred (8,800) square
feet
b. Minimum Lot Width -Eighty feet (80')
c. Minimum Lot Depth -Ninety feet (90')
d. Maximum Lot Coveraoe -Sixty percent (60%)
(2) Size of Yards:
a. Minimum Front Yard -Twenty-five feet (25'); twenty feet (20') feet for cul-
de-sac lots and thumbnail lots.
b. Minimum Side Yard
1. Seven feet and six inches (7'-6"} except as modified below:
2. Corner Lot:
a) Equal to the front yard when abutting a street right-of-way
b) If the recorded plat indicates corner lots will be restricted to
front entry only, there shall be a minimum yard of at least
fifteen feet (15') adjacent to the side street of a corner lot when
the corner lot backs up to an abutting side yard and ten feet
(10') adjacent to the side street of a corner lot when the corner
lot backs up to an abutting rear yard.
c. Minimum Rear Yard
1. Twenty feet (20')
2. Twenty feet (20') when adjacent to a thoroughfare or collector
roadway if a ten-foot (10') landscape reserve is located between the
property line and the right-of-way line in accordance with 4.2.2.5(f)
3. Thirty feet (30') when adjacent to a thoroughfare or collector
roadway and there is no ten-foot (10') landscape reserve.
(d) Height Restrictions. No building shall exceed thirty-five feet (35') in height.
4
(e) Accessory Buildings. Accessory buildings shall meet the requirements of Chapter
2, Article 5, Division 3 of this UDC.
(f) Common Areas -Management 8~ Maintenance. For any land and/or facilities to be
used in common by residents of the development, there shall be provisions made for
the establishment of a property owners association to manage and maintain such
common land and/or facilities.
(g) Outside Storage. Outside storage in the front yard is prohibited, except for storage
within leased portable containers such as PODS for not longer than seven (7)
calendar days.
5
Section 2.4.2.6 R-2, Single-Family Residential-2 District
(a) Purpose. The Single-Family Residential-2 District (R-2) is intended to permit the low
density residential development of detached single-family dwelling units and
appropriate desirable open space.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Area -Seven thousand (7,000) square feet
b. Minimum Lot Width -Seventy feet (70')
c. Minimum Lot Death -Ninety feet (90')
d. Maximum Lot Coverage -Sixty percent (60%)
(2) Size of Yards:
a. Minimum Front Yard
1. Twenty-five feet (25').
2. Twenty feet (20') for cul-de-sac lots and thumbnail lots.
b. Minimum Side Yard
1. Seven feet and six inches (7'-6"} except as modified below:
2. Corner Lot:
a) Equal to the front yard when abutting a street right-of-way
b) If the recorded plat indicates corner lots will be restricted to
front entry only, there shall be a minimum yard of at least
fifteen feet (15') adjacent to the side street of a corner lot when
the corner lot backs up to an abutting side yard and ten feet
(10') adjacent to the side street of a corner lot when the corner
lot backs up to an abutting rear yard.
c. Minimum Rear Yard
1. Twenty feet (20');
2. Twenty feet (20") when adjacent to a thoroughfare or collector
roadway if a ten-foot (10') landscape reserve is located between the
property line and the right-of-way line in accordance with 4.2.2.5(f).
3. Thirty feet (30') when adjacent to a thoroughfare or collector
roadway and there is no ten-foot (10') landscape reserve.
(d) Height Restrictions. No building shall exceed thirty-five feet (35') in height.
6
(e) Accessory Buildings. Accessory buildings shall meet the requirements of Chapter
2, Article 5, Division 3 of this UDC.
(f) Common Areas -Management & Maintenance. For any land and/or facilities to be
used in common by residents of the development, there shall be provisions made for
the establishment of a property owners association to manage and maintain such
common land and/or facilities.
(g) Outside Storage. Outside storage in the front yard is prohibited, except for storage
within leased portable containers such as PODS for not longer than seven (7)
calendar days.
7
Section 2.4.2.7 R-3, Single-Family Residential-3 District
(a) Purpose. The Single-Family Residential-3 District (R-3) is intended to permit the
development of detached single-family dwelling units and appropriate desirable open
space. The R-3 District should be located to provide a buffer between lower density
residential and non-residential zoning districts.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Area -Six thousand (6,000) square feet
b. Minimum Lot Width -Sixty feet (60')
c. Minimum Lot Depth -Ninety feet (90')
d. Maximum Lot Coverage -Sixty percent (60%)
(2) Size of Yards:
a. Minimum Front Yard
1. Twenty-five feet (25').
2. Twenty feet (20') feet for cul-de-sac lots and thumbnail lots.
b. Minimum Side Yard
1. Seven feet and six inches (7'-6"} except as modified below:
2. Corner Lot:
a) Equal to the front yard when abutting a street right-of-way.
b) If the recorded plat indicates corner lots will be restricted to
front entry only, there shall be a minimum yard of at least
fifteen feet (15') adjacent to the side street of a corner lot when
the corner lot backs up to an abutting side yard and ten feet
(10') adjacent to the side street of a corner lot when the corner
lot backs up to an abutting rear yard.
c. Minimum Rear Yard -
1. Twenty feet (20');
2. Twenty feet (20') when adjacent to a thoroughfare or collector
roadway if a ten-foot (10') landscape reserve is located between the
property line and the right-of-way line in accordance with 4.2.2.5(f).
3. Thirty feet (30') when adjacent to a thoroughfare or collector
roadway and there is no ten-foot (10') landscape reserve.
(d) Height Restrictions. No building shall exceed thirty-five feet (35') in height.
8
(e) Accessory Buildings. Accessory buildings shall meet the requirements of Chapter
2, Article 5, Division 3 of this UDC.
(f) Common Areas -Management & Maintenance. For any land and/or facilities to be
used in common by residents of the development, there shall be provisions made for
the establishment of a property owners association to manage and maintain such
common land and/or facilities.
(g) Outside Storage. Outside storage in the front yard is prohibited, except for storage
within leased portable containers such as PODS for not longer than seven (7)
calendar days.
9
Section 2.4.2.8 R-4, Single-Family Residential-4 District
(a) Purpose. The Single-Family Residential-4 District (R-4) is intended to permit the
development of traditional single-family homes and patio homes and appropriate
desirable open space. The R-4 District should be located to provide a buffer
between lower density residential and non-residential zoning districts.
(b) Authorized Uses. The following are authorized uses under the regulations
established in this chapter:
(1) Permitted and conditional uses as authorized in the Land Use Matrix in Article
5, Division 2 of this Chapter 2;
(2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2.
(c) Area Regulations.
(1) Size of Lots:
a. Minimum Lot Area -Five thousand (5,000) square feet
b. Minimum Lot Width -Fifty feet (50')
c. Minimum Lot Depth -Ninety feet (90')
d. Maximum Project Coverage -Fifty percent (50%)
e. Minimum Gross Site Area -Every residential tract that is developed for
patio homes shall have a minimum gross site area of twenty-five
thousand (25,000) square feet.
f. Maximum Gross Site Area -Every residential tract that is developed for
patio homes shall have a maximum gross site area of forty (40) acres.
(2) Size of Yards: (See Figure 2-1.)
a. Minimum Front Yard -Twenty feet (20')
b. Minimum Side Yard
1. Detached homes
A. Seven feet and six inches (7'-6") except as modified below:
B. Corner Lot:
i) Equal to the front yard when abutting a street right-of-way.
ii) If the recorded plat indicates corner lots will be restricted to
front entry only, there shall be a minimum yard of at least
fifteen feet (15') adjacent to the side street of a corner lot when
the corner lot backs up to an abutting side yard and ten feet
(10') adjacent to the side street of a corner lot when the corner
lot backs up to an abutting rear yard.
2. Patio homes
A. Interior Lot:
10
i) Fifteen feet (15') on one side for the full depth of the lot;
the alternate side may be zero feet (0') and shall be a
maximum of eRe~eet-~'p}.
ii) A five-foot (5') wide maintenance, drainage, and roof
overhang easement extending the full depth of the lot shall be
designated along the side property Tine which abuts the zero
side yard on an adjacent lot.
B. Minimum Building Separation: The separation between two
patio home dwellings, or between a patio home dwelling and any
other type of principal building on an adjacent lot, shall be a
minimum of fifteen feet (15') wall-to-wall.
C. Corner Lot:
i) Equal to the front yard on the side abutting a street right-
of-way or alley.
ii) If the recorded plat indicates corner lots will be restricted to
front entry only, there shall be a minimum yard of at least
fifteen feet (15') adjacent to the side street of a corner lot when
the corner lot backs up to an abutting side yard and ten feet
(10') adjacent to the side street of a corner lot when the corner
lot backs up to an abutting rear yard.
c. Minimum Rear Yard -Twenty feet (20')
(d) Height Restrictions. No building shall exceed thirty-five feet (35') in height.
(e) Accessory Buildings. Accessory buildings shall meet the requirements of Chapter
2, Article 5, Division 3 of this UDC.
(f) Common Areas - Management &
Maintenance. For any land and/or facilities to
be used in common by residents of the
development, there shall be provisions made
for the establishment of a property owners
association to manage and maintain such
common land and/or facilities.
(g) Common Open Space. Common open
space is considered common area and shall
be maintained as such in accordance with
Subsection (f) above. In addition, the
following shall be required for common open
space.
(1) In all areas where patio homes are
developed, there shall be at least nine
11
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noere xoue
oweuwc oweume
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Figure2-1: Patio Home Yards
hundred (900) square feet of common open space per dwelling unit.
(2) The minimum area of any common open space shall be six thousand (6,000)
square feet.
(3) The minimum dimension of any common area shall be eighty feet (80').
(4) Each area of common open space shall be within three hundred feet (300') of
all dwelling units intended to be served by the common open space, measured
along a route of pedestrian access.
(5) Each required area of common open space shall be appropriately graded,
turfed, surfaced or othervvise landscaped and provided with suitable drainage
facilities.
(6) Facilities such as pedestrian ways and outdoor swimming pools may be
included as part of the required common open space.
(7) Off-street parking areas, service drives, and detention facilities shall not be
included in any calculation of required common open space.
(h) Outside Storage. Outside storage in the front yard is prohibited, except for storage
within leased portable containers such as PODS for not longer than seven (7)
calendar days.
12
Section 2.4.5.1 GOD, Corridors Overlay District
(a) Purpose.
(1) The Corridors Overlay District (COD) is intended to help the City exercise
greater control over the aesthetic, functional and safety characteristics of
development along newly constructed major thoroughfares within the City where
higher development standards can effectively enhance the City's image as a
desirable place to live, work, and shop.
(2) The Corridors Overlay District (COD) is limited to specified areas
encompassing land that has already been assigned conventional zoning district
classifications. It supplements the standards of the underlying conventional
districts with new or different standards which are more restrictive. In the event of
a conflict between the standards of the COD and the regulations of the underlying
zoning district, the standards described herein will prevail. Regulations of the
underlying zoning district not augmented or otherwise supplemented by the COD
will continue to prevail.
(b) District Boundaries. The COD standards apply to the future development and
use of all land with lot frontage on either side of the street right-of-way along the
following specified major thoroughfares:
(1) Pearland Parkwav: For the full length of the roadway within the City limits
(2) Oiler Drive: For the full length of the roadway within the City limits
(3) McHard Road: For the full length of the roadway within the City limits
(4) SH 35: For the full length of the roadway within the City limits, except within
the Old Townsite District
(5) Broadway Road: For the full length of the roadway within the City limits,
except within the Old Townsite District
(6) Magnolia Road: For the full length within the City limits of the contiguous
roadway known as Magnolia Road, County Road 59, Southfork Drive, and
John Lizer Road, except within the Old Townsite District
(7) Kirby Drive: For the full length of the roadway within the City limits
(8) Dixie Farm Road: For the full length of the roadway within the City limits
(9) Beltway 8: For the full length of the roadway within the City limits
(10) Bailey Avenue: For the full length of the roadway within the City limits
(11) Massey Ranch Road: For the full length of the roadway within the City limits
(12) Cullen Boulevard: For the full length of the roadway within the City limits
(c) Lot and Setback Standards.
(1) The minimum front yard building setback adjacent to a specified major
thoroughfare shall be twenty-five feet (25').
13
(2) The minimum setback for all off-street parking, maneuvering and loading areas
from the right-of-way line of a specified major thoroughfare shall be thirty feet
(30').
(3) The minimum setback for all screening walls and fences, including residential
subdivision fences, from the right-of-way line of a specified major thoroughfare
shall be thirty feet (30').
(4) The minimum setback for any outside storage area (where permitted by the
underlying zoning district) from the right-of-way line of a specified major
thoroughfare shall be one hundred and fifty feet (150'), unless such area is
screened to one hundred percent (100%) opacity with a screening wall that
matches the primary on-site building or with live vegetation.
(5) No buildings, parking areas, or other impervious structures (except as noted
herein), are permitted within the recognized floodway, as identified by the City
Engineer, or within fifty feet (50') of the high bank, whichever is greater, of a
creek or other drainage way proposed as a linear park in the City's Park and
Recreation Master Plan.
a. Permitted exceptions include drainage-related structures and pavement,
paved pedestrian or bike trails, picnic tables, and paved surfaces beneath
picnic tables.
b. The Parks Director may reduce the restriction herein upon a finding that
the proposed construction is consistent with the Park and Recreation
Master Plan or the Hike and Bike Master Plan.
(6) Buildings, parking areas, or other visual obstructions shall not be located in any
required visibility triangle.
(7) The required setback area as described above shall be landscaped, and shall
meet the requirements of Subsection (g) of this Section 2.4.5.1.
(d) Building Facade Standards. Requirements are applicable to any side of a structure
that faces a thoroughfare listed in subsection (b), except for single-family detached
dwellings. A Facade Design Plan of the entire proposed project shall be submitted
with Site Plan review documents.
(1) Buildino Articulation:
a. Building articulation, which is the expression or outlining of parts of the
building by its architectural design, shall be provided in order to achieve
the following:
1. Create a complementary pattern or rhythm, dividing large buildings
into smaller, identifiable portions.
2. Break up the building mass through offsets and other methods that
articulate the horizontal and vertical building planes.
14
3. Incorporate details that create shade and cast shadows to provide
visual relief.
b. Building articulation shall be provided as specified in the following:
1. All nonresidential structures fifty thousand (50,000) square feet in
size or greater, except Public Educational Facilities, shall
incorporate architectural variation of at least three feet (3') in depth
for every twenty-five feet (25') in vertical or horizontal length.
2. All nonresidential structures less than fifty thousand (50,000) square
feet shall incorporate architectural variation of at least one foot (1')
in depth for every ten feet (10') in vertical or horizontal length.
(2) Building Materials:
a. All structures shall conform to the requirements in Article 6, Division 2 of
this chapter.
b. Corrugated metal and exposed fasteners are prohibited. Architectural
metals are prohibited except for miscellaneous trimwork.
c. A minimum twenty-five percent (25%) of an exterior wall facing the
specified major thoroughfare shall be transparent, except for Public
Educational Facilities, which are exempt from this requirement.
d. All facades of an individual building, multiple buildings in a shopping
center, or integrated business development, and all roofing in a shopping
center or integrated business development shall have architectural
design, color, and materials that are compatible or consistent with an
overall theme, as determined by the Planning Director.
(3)Building and roof colors shall be provided in accordance with an approved color
palette, available in the City's Planning Office. Window/door trim, fascia, soffit,
or similar elements of the building facade are exempt from the color palette as
long as the total area of those elements do not exceed twenty percent (20%) of
the building facade for any side of the building.
(e) Access and Off-Street Parking Standards. Access and off-street parking shall be
provided in conformance with the City's Engineering Design Criteria Manual (EDCM).
(f) Bicycle Parking.
a. Bicycle parking spaces shall be provided at an amount equal to a
minimum of five percent (5%) of the required vehicular parking spaces.
b. Bicycle parking shall be conveniently provided for all uses allowed in the
following zoning districts: Office and Professional, Neighborhood Service,
Business Park-288, General Business, and General Commercial.
c. Each required bicycle parking space shall include a means to secure
individual bicycles.
15
(g) Landscaping Standards.
(1) Minimum Percentaoe of Landscaoina in the Reouired Setback Area: A
minimum of fifteen percent (15%) of the required setback area shall consist of
landscaped open areas with a permeable surface.
(2) Minimum Percentaoe of Landscaping Generally: A minimum of fifteen percent
(15%) of the gross lot area shall consist of landscaped open areas.
a. Landscaping elements shall be established along the outside (i.e., the
side nearest the right-of-way) of all required screening elements (refer to
Subsection (h) below).
(3) Tree Requirements: Trees are required along all specified major thoroughfares
as follows, and at least fifty percent (50%) of the required trees shall be located
along the frontage of the lot adjacent to the specified roadways:
a. Large shade trees with a minimum two-inch (2") caliper measured at
twelve inches (12") above the root ball shall be provided, with the total
caliper inches equal to at least one inch (1") for each ten feet (10') of
frontage.
b. Ornamental trees with a minimum two-inch (2") caliper measured at
twelve inches (12") above the root ball shall be provided, with the total
caliper inches equal to one inch (1") for each fifteen feet (15') of frontage,
except for Public Educational Facilities, which are exempt from this
requirement.
c. A minimum of sixty percent (60%) of required street trees shall be
evergreen with year-round foliage.
d. At the time of planting, a minimum of three feet (3') shall be provided
between a tree trunk and the back of any curb and eight feet (8') between
a tree trunk and any planned or existing underground public utility lines.
e. At the time of planting, a minimum of six feet (6') shall be provided
between individual trees.
(4) Reouired Interior Site Landscaoing:
a. Space for vehicle overhangs shall be provided in order to avoid damaging
planted trees and shrubs.
b. No parking space designed and intended for the parking of passenger
vehicles driven by customers, patrons, or employees shall be greater than
fifty feet (50') from a tree. Each island shall contain at least one (1) tree.
Public Educational Facilities shall be exempt from this requirement.
(5) Irrioation System: A mechanical irrigation system is required to be installed
and maintained.
16
(6) Adjacent to a Sinole-Family Use or Zoning District: When a nonresidential
development is established on a tract of land that is adjacent to asingle-family
development or to property zoned for single-family use, there shall be a twenty-
five-foot (25') wide landscaped buffer along the property line that is adjacent to
such use or district. The landscaped buffer shall remain open and
unobstructed (i.e., no parking, driveways, or other use of the buffer area), and
shall be planted with ground cover, such as grass or ivy. This landscaped
buffer may be located with the required yard/setback area and may count
toward (g)(1) above.
(7) Detention/retention facilities located in front yards: When adetention/retention
facility is located in a front yard, the facility shall be incorporated into the design
of the development as an amenity, as determined by the Planning Director.
(h) Lighting Standards.
(1) Vehicular Circulation 8~ Parkino Areas:
a. High pressure sodium or metal halide fixtures shall be used with no direct
glare onto adjacent properties or public streets. The glare from such
fixtures shall be shielded from adjacent properties and/or public streets.
b. Minimum light level within the parking area shall be 0.5 foot candles when
the attendant facility is in use.
c. Standards, poles, and fixtures shall be a single color, uniform in design
throughout the site and no taller than the height of the building being
served.
d. Creosote treated wooden poles are prohibited.
e. Street lights along the specified corridor shall conform to the standard
fixture adopted by the City. Installation of such fixture or payment in lieu
of installation shall be required prior to acceptance of subdivision
improvements by the City or issuance of a certificate of occupancy, as
applicable
(2) Walkway Liahtino: Walkway lighting comprised of standard, pole, bollard and
wall-mounted fixtures shall be no greater than twelve feet (12') above grade.
(3) Accent Liahtino:
a. Uplighting shall be concealed or positioned to screen the light source
from adjacent property.
b. Floodlighting or spotlighting of architecture, graphics, or natural features
shall not create spillage of light onto adjacent property or public streets.
(i) Screening Standards.
(1) Site Elements Reouired to Be Screened: The following site elements shall be
screened from the public view from all specified major thoroughfares:
17
a. Mechanical and Utility Eguioment
1. Screening shall consist of a decorative wall or architectural element
of the building that is one hundred percent (100%) opaque.
2. Roof-mounted equipment shall be screened with materials that are
one hundred percent (100%) opaque. Appropriate screening
includes an extension of the wall, such as a parapet wall, on which
the equipment is mounted.
b. Vehicle Loading and Unloading Areas
1. Screens shall incorporate shrubbery having year-round foliage
and\or a wall or architectural element of the building that is a
minimum of six feet (6') in height and is a maximum of seventy-five
percent (75%) opaque.
c. Refuse. Refuse Containers. and Recycling Containers
1. Screens shall consist of a solid wall or architectural element of the
building that is a minimum six feet (6') in height.
(2) Screenino Elements Recuired: All screening walls visible from a public street
shall be:
a. Constructed of masonry materials that are consistent with the color and
design of the primary on-site structure.
b. Consistent in color and design with the building architecture.
c. Uniform in style and materials along the entire length of the screen within
a single development.
(3) Screenino Elements Prohibited: No fence or wall visible from a public street
shall be:
a. Greater than eight feet (8') in height.
b. Located within any required visibility triangle.
c. Constructed with any of the following materials: surface painted or coated
concrete, chain link, concertina wire, barbed wire, corrugated metal, or
fiberglass panels. Exceptions:
1. Barbed wire may be used solely to control livestock.
2. Public Educational Facilities shall be permitted to use chain link
fence along the perimeter of sports fields and detention basins.
Any chain link fence located one hundred feet (100') or less from a
thoroughfare listed in subsection (b) shall be constructed of chain
link material that is entirely coated by vinyl, powdercoating, or
18
other durable material that is black or dark green in color, and
shall also include one of the following features:
A. an evergreen vegetative screen outside the fence
consisting of a combination of shrubs and trees that meet
the following requirements:
(i) shrubs shall be planted every three feet (3') or less
on center and shall be at least four feet (4') tall at
planting;
(ii) trees shall be planted every thirty feet (30') or less
and shall be at least two inches (2") in diameter
measured by caliper; or
B. masonry columns that are:
(i) no less than twenty inches (20") in width and depth;
(ii) at least twelve inches (12") taller than the adjacent
chain link sections;
(iii) spaced no further than twenty feet (20') apart;
(iv) topped with decorative masonry caps at least six
inches (6") tall that project at least two inches (2")
from the front facades of the columns; and
(v) constructed of materials similar in color, design, and
architecture to that of the primary structure.
(4) All other fences within Public Educational Facilities shall be constructed of
materials consistent in color, design, and architecture to the primary on-site
structure.
(5) 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, fences shall be constructed of
masonry materials. 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 wood rail fencing.
(6) Fences constructed around detention ponds or basins and visible from a public
or private street, shall be constructed of decorative wrought iron or chain link
material in accordance with the standards set forth in subsection (i) (3) c. 2.
above for chain link fences located one hundred feet (100') or less from a
thoroughfare listed in subsection (b).
(j) Buffering Standards.
(1) Site Elements Reouired to Be Buffered: The following site elements shall be
visually buffered from the public view from all specified major thoroughfares:
19
a. Parkino Areas -Outdoor parking areas that are visible from any street
right-of-way.
b. Fue/ Pumps -Fuel pumps located between the street and the building.
c. Drive-Uo Windows -Vehicle drive-up windows facing the street.
(2) Bufferino Elements Reouired: Required buffering shall be a maximum of three
feet (3') in height shall be provided by way of one or more of the following:
a. Freestanding masonry wall.
b. Landscaped earth berm with a maximum four-to-one (4:1) slope.
Retaining walls may be used to facilitate berming if unseen from the
street.
c. Shrubbery having year-round foliage.
(k) Outdoor Activities or Uses. The following shall apply when the incidental display of
merchandise out of doors is permitted within the base zoning district.
(1) Except as provided below, all display areas out of doors shall be confined to a
pedestrian walkway immediately adjacent to the building housing the primary
use, shall not extend from such building a distance of more than ten feet (10'),
and shall 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.
(2) The temporary sale of Christmas trees and products associated with
celebration of holidays or national events On any property in the general
business district, the temporary sale of goods in relation to special events (e.g.,
Hanukkah, Presidents' Day, Easter, etc.) shall be permitted for a period of
forty-five (45) days prior to the day of religious 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 one (1) event per calendar year, 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:
a. That there is an adequate off-street parking area, approved by the City;
and
b. 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 to
the abutting public streets and will not obstruct the visibility along such
streets.
(3) No other type of outdoor activity or use shall be permitted in the COD District
without a temporary permit issued by the City's Building Official pursuant to the
City Building Code, unless expressly authorized herein.
20
(4) Outdoor storage, as defined by Section 5.1.1.1, is allowed only upon obtaining
a CUP and providing screening pursuant to Section 4.2.4.1 (d). In no case
shall outdoor storage be permitted along any yard that abuts any street or
public right-of-way.
(I) Sidewalk Standards.
(1) Location: The required sidewalk along all specified major thoroughfares may
be located within the front yard building and parking setbacks as well as the
parkway area from the back of curb to the right-of-way line. Sidewalks shall not
be required for development along Beltway 8 frontage roads.
(2) Easement Required: A ten foot (10') wide public use easement shall be
provided for the required sidewalk when placed outside of street right-of-way.
(3) Curved Alignment Reouired: The required sidewalk shall have a curved
alignment for at least eighty percent (80%) of the major thoroughfare street
frontage. Sidewalks on intersecting streets shall not have a curved alignment
unless approved by the City Engineer.
(4) Construction Criteria: Construction criteria for the required sidewalk:
a. Minimum six feet (6') wide.
b. Minimum eight-foot (80') centerline radius, maximum intersection angle of
twenty (20) degrees, and maximum twenty-foot (20') foot tangent
between sidewalk curves.
c. Minimum six-foot (6') separation between back of street curb and edge of
sidewalk, except at street intersections and bridge approaches.
d. Sidewalk approaches, including the wheelchair ramp, to street and
driveway intersections shall be straight and parallel to the adjacent street
for a minimum of ten feet (10').
e. Detailed construction plans shall be submitted to the City Engineer for
approval prior to construction of the sidewalk.
f. Deviations from these criteria may be approved by the City Engineer for
good cause such as cases of unusual or unique topography or to
preserve desirable natural features.
(5) A minimum six-foot (6') wide pedestrian sidewalk shall connect the perimeter
sidewalk to the building entry. This connecting sidewalk shall be accessible,
readily visible, and paved.
(m) Utilities. All utility service lines shall be located underground. Above-ground lines
may be located in the rear or other areas of the property as necessary, however
such lines must not prominent from the front view of the property or from the view of
roadways (the visibility of the poles must be partially or wholly obscured). Any
21
determination on whether utilities are prominent shall be made by the Planning
Director.
22
Section 2.5.3.1 Area Regulations for Accessory Buildings (All Districts)
(a) Accessory Buildings In Relation to the Front 8~ Side Yard. Accessory buildings,
including tool sheds, and greenhouses, shall not be permitted except as follows.
Garages and carports shall adhere to the requirements in subsection (d) below.
(1) Barns and related structures necessary for farming and ranching purposes
shall be exempt from this requirement on parcels or tracts of land that are ten
(10) acres or greater in size.
(b) Accessory Buildings In Relation to the Rear Yard. Accessory buildings, as
permitted herein, shall be allowed in rear yards; provided, however, that no
accessory building may be closer than three feet (3') to a common property line and
shall not encroach on any dedicated easements. (See Figure 2-4, on page 2-117.)
Garages and carports shall adhere to the requirements in subsection (d) below.
(c) Screening for Accessory Buildings. Accessory buildings in non-residential zoning
districts shall be screened from public view in conformance with the requirements
within Chapter 4, Article 2, Division 4 of this UDC.
(d) Garages and Carports. Garages or carports that are connected to the main
building only by a breezeway (see definition in Chapter 5) shall not be considered
part of the main building, and shall be considered an accessory building. Garages
and carports shall therefore adhere to all requirements of this Section 2.5.3.1, except
that front, rear, and side yard setbacks shall meet the following:
(1)Garages or carports accessed from an interior side yard shall have a minimum
setback of twenty feet (20') from the side lot line.
(2) Carports or garages accessed from a side or rear yard, facing a public street,
or from a side or rear alley shall have a minimum distance equal to the required
yard for the main building or
twenty feet (20'), whichever is
... .............~o,.e.,~
greater.
(3) For these requirements,
carports shall be measured from
the roof nearest to the street or
alley (see Figure 2-3).
(e) Accessory Buildings Without a Figure 2-3: Carport Setback
Main Building. Accessory buildings
are not permitted without a main structure except in the Suburban Development (SD)
District.
(f) Height of Accessory Buildings. Accessory buildings shall not exceed the height
allowed in the specific zoning district, except taller accessory buildings (including
accessory dwellings) may be allowed in certain zoning districts by Conditional Use
Permit (CUP) (see Article 2, Division 3) if there is no adverse impact upon adjacent
properties.
MAXIMUM OVERHANG
SUPPORT 4,~
PROPERTY LINE
ALLEY
o,
® STREET ~
METHOD OF MEASURING
CARPORT SETBACK (z0' Minimum)
23
(g)Size of Accessory Buildings. The total floor area of all accessory structures shall
not exceed fifty percent (50%) of the square footage of the livable area of the
residence on the premises, or five percent (5%) of the lot area, whichever is greater.
This requirement shall not apply to barns and related structures necessary for
farming and ranching purposes.
(h) Number of Accessory Buildings. There shall be no more than two (2) accessory
buildings on any residential lot. Lots that are ten (10) acres or greater in size are
exempt from this requirement.
(i) Trailers Used for Accessory Uses. No permanent use of an accessory trailer(s) is
permitted. Accessory uses for residential purposes (e.g., recreational vehicles,
motor homes) are permitted, but for a period of time not to exceed sixty (60) days per
calendar year. Trailers for nonresidential accessory uses are permitted with the
following conditions:
(1) The trailer is an accessory use of an existing business.
(2) The trailer is designed for use as an accessory use, not as a primary use.
(3) The trailer does not occupy a required parking space.
(4) The accessory trailer shall not be permitted for more than fourteen (14) days
for each six-month (6-month) period of time.
(5) The accessory trailer meets all of the requirements of the City's electrical codes
if electricity is provided to said trailer.
(6) The trailer is not being used for advertising/signage purposes, as is prohibited in Chapter
4, Article 2, Division 5 of the UDC.
za
Section 2.5.6.5 Municipal Uses
(a) Municipal land uses shall be allowed in all zoning districts, and facilities owned and used
by the City of Pearland shall not be required to obtain any zoning approval, including without
limitation changes in zoning districts or conditional use permits.
(b) Notwithstanding the exemption above, a municipal facility or use shall nonetheless
comply with all requirements regarding screening, landscaping, parking, facade, setbacks, and
buffers found in the regulations for the Corridor Overlay District, if the municipal facility or use is
located therein, and the zoning district deemed by the Planning Director most appropriate for
the municipal facility or use, as shown in the examples below:
(1) administrative office facility: Office Professional District (OP)
(2) community/recreation center: Office Professional District (OP)
(3) emergency services (fire or EMS) facility: General Business District (GB)
(4) police facility: General Commercial District (GC)
(5) animal control facility: General Commercial District (GC)
(6) vehicle service facility: General Commercial District (GC)
(7) sewer lift station: Light Industrial District (M-1)
(8) wastewater treatment facility: Light Industrial District (M-1)
25
Section 2.6.2.1 Applicability ~ Requirements
(a) Applicability. The standards and criteria contained within this division are deemed to be
minimum standards and shall apply to all new, altered or repaired construction of residential and
nonresidential buildings within the City that are visible from the applicable thoroughfare, as
referenced in Table 2-2, on which the building has frontage.
Tab/e 2-2
Building Fagade References By Roadway Classification
& Zoning District
ROADWAY I ZONING DISTRICTS
CLASSIFICATION ~°~ ' ~'°`" ~.~-~°~' M-1, M-2
OP, NS, GB, C
(1) ~ (4)
Collector
Other ~ (1) (2) (3)
(b) Requirements. The materials used on the exterior facades of all buildings within the City
Table 2-2
Building Fagade References By Roadway Classification &
Zoning District
ROADWAY ZONING DISTRICTS
CLASSIFICATION MF, C-MU, G/O-MU, OP,
NS, GB, C, BP-288 M-1, M-2
Thoroughfare (1) (4)
Collector (1) (2) (4)
Other (1) (2) (3) (2) (3)
' Refer [o individual zoning distrct regula8ons for fagaoe material requirements ror me
Spectrum disVic[, BP-288 district, OT District, and COD district.
26
shall conform to the requirements referenced, and in accordance to the appropriate zoning
district and roadway classification, in Table 2-2. "Roadway classification" refers to the way in
which the applicable roadway is classified on the City's adopted Thoroughfare Plan.
(1) Minimum exterior wall standards (facade) shall be one hundred percent (100%)
masonry or glass. These standards shall apply to any wall or portion of a wall visible from
the roadway (private or public) or abutting residential zoning districts.
a. Existing buildings shall also conform to facade requirements upon a change of
occupancy, occupant (if use has been abandoned per Section 2.7.3.6), or expansion
exceeding five hundred (500) square feet in area of exterior dimensions of a
nonresidential ormulti-family structure for which a permit is required.
b. New and existing structures, including expansions, that are at least two
hundred and fifty feet (250') from the specified roadways shall only be required to
meet these requirements within Subsection (3) below. The two hundred and fifty foot
measurement shall be taken from the curb or the edge of the roadway pavement.
c. Subsection (b)(1)b. above shall not apply to the following:
1. Any building that contains a single business and that has a footprint of
eighty thousand (80,000) square feet or more.
2. Any building that contains multiple businesses and that has a footprint of
eighty thousand (80,000) square feet or more.
3. Multiple buildings and/or multiple businesses on a single site or parcel of
land.
4. Any collection of buildings that is classified by the City as a shopping
center, business park, or integrated business development and that is not
otherwise specified in Subsection 1, 2, or 3 above.
d. The Planning and Zoning Commission may make an exception to the
requirements of Subsection (b)(1) above for franchise businesses that have an
established theme. In order to make such exception, the franchise business cannot
have varied from the established theme in any other instance or other city. Such
information shall be provided by the City Planning Director and/or the franchise
business representative.
e. Other exemptions from (b)(1) for existing structures are provided within
Subsection (d)(2) below.
(2) Buildings built prior to January 1, 2001 are exempt from the (facade) requirements of
this section unless required by the adopted Building Code.
(3) Minimum exterior wall standards (facade) shall be a minimum of 24-gauge or heavier
architectural panels (wall systems). Corrugated metal is prohibited.
a. Within a GC (General Commercial) zoning district and where more than sixty
percent (60%) of the existing nonresidential structures along both sides of the same
street and lying between the two nearest intersecting streets do not comply with the
minimum facade standards, architectural panels (wall systems) shall be insulated
panels with a rock or rock-like coating or comply.
(4) Unless one of the following exceptions applies, masonry, stucco or EIFS materials
shall be required on one hundred percent (100%) of the front facade of any building that
27
faces onto a thoroughfare or collector. Side facades of such buildings shall be a minimum
fifty percent (50%) masonry, stucco, or EIFS.
a. The building is exempt under (2) above.
b. New and existing structures, including expansions, that are at least two
hundred and fifty feet (250') from the specified roadways shall only be required to
meet these requirements within (3) above. The two hundred and fifty foot
measurement shall be taken from the curb or the edge of the roadway pavement.
(c) Materials Permitted.
(1) Allowed by Right: For the purpose of this section masonry materials allowed by right
are brick, stone brick veneer, custom treated tilt wall, decorative or textured concrete
block, and split face block, stucco and EIFS (exterior insulation and finish systems).
(2) Mav Be Allowed by CUP: New technologies not addressed or contemplated by
these regulations may also be allowed by CUP, if such materials are consistent with the
visual nature and quality of the masonry materials permitted herein.
(3) Trim Materials: Architectural metal may be utilized for window and door trim, fascia,
or soffit.
(d) Exemptions.
(1) New and existing structures within industrial zoning districts, M-1 Light Industrial
district or the M-2 Heavy Industrial district, located along Mykawa Road between Orange
Street and Scott Lane, and between the railroad tracks and Hatfield Road, including the
triangular piece bounded by the railroad tracks, McHard Road and Mykawa Road, shall be
exempt from any of the facade material requirements herein.
(2) Existino Structures:
a. Existing structures that would otherwise be required to be brought into
compliance with this division of the UDC may be exempt from such compliance upon
issuance of a CUP.
b. The applicant/developer may submit a bond (in an amount agreed upon by the
City) or enter into a written agreement (contract) with the City to give the
applicanUdeveloper aspecific time period of time within which to bring an existing
structure into compliance with this division of the UDC. The City Manager or his/her
designee shall be the responsible official for approval of such bond or agreement. In
no case shall the agreed-upon period of time exceed five (5) years.
28
Section 3.1.7.4 Amending Plats
(a) Purpose. The purpose of an amending plat shall be to provide an expeditious
means of making minor revisions to a recorded plat consistent with provisions of
state law.
(b) Applicability. The procedures for amending plats shall apply only if the sole
purpose of the amending plat is to:
(1) Correct an error in a course or distance shown on the preceding plat;
(2) Add a course or distance that was omitted on the preceding plat;
(3) Correct an error in a real property description shown on the preceding plat;
(4) Indicate monuments set after the death, disability, or retirement from practice of
the engineer or surveyor responsible for setting monuments;
(5) Show the location or character of a monument that has been changed in
location or character or that is shown incorrectly as to location or character on
the preceding plat;
(6) Correct any other type of scrivener or clerical error or omission previously
approved by the municipal authority responsible for approving plats, including
lot numbers, acreage, street names, and identification of adjacent recorded
plats;
(7) Correct an error in courses and distances of lot lines between two adjacent
lots;
(8) Relocate a lot line to eliminate an inadvertent encroachment of a building or
other improvement on a lot line or easement;
(g) Relocate one or more lot lines between one or more adjacent lots;
(10) Make necessary changes to the preceding plat to create four (4) or fewer lots in
the subdivision or a part of the subdivision covered by the preceding plat; or
(11) Replat one or more lots fronting on an existing street.
(c) Effect. Upon approval by the Director, an amending plat may be recorded and is
controlling over the recorded plat without vacation of that plat.
(d) Application Contents. All applications shall be submitted on a form supplied by the
Planning Department with the required information as stated on the application form.
(e) Decision. The Director shall either approve, approve with conditions, or deny the
application for an amending plat.
(f) Criteria for Approval. The Director shall decide whether to approve, conditionally
approve or deny the amending plat application based upon the following criteria:
29
(1) The amending plat makes only those changes to the recorded plat that are
allowed under Subsection (b);
(2) If a correction in courses and distances of lot lines between two adjacent lots is
proposed:
a. Both lot owners join in the application for amending the plat;
b. Neither lot is abolished;
c. The amendment does not attempt to remove or modify recorded
covenants or restrictions or easements; and
d. The amendment does not have a material adverse effect on the property
rights of the owners in the plat.
(3) If relocation of one or more lot lines between one or more adjacent lots is
proposed:
a. The owners of all those lots join in the application for amending the plat;
b. The amendment does not attempt to remove or modify recorded
covenants or restrictions or easements; and
c. The amendment does not increase the number of lots.
(4) If four (4) or fewer lots are proposed to be added to a subdivision:
a. The changes do not affect compliance with applicable zoning and other
regulations of the City;
b. The amendment does not attempt to remove or modify recorded
covenants or restrictions or easements; and
c. The area covered by the changes is located in an area that the City
Council has approved, after a public hearing, as a residential
improvement area.
(5) If lots fronting on an existing street are to be replatted:
a. The owners of all those lots join in the application;
b. The amendment does not attempt to remove recorded covenants or
restrictions;
c. The amendment does not increase the number of lots; and
d. The amendment does not create or require the creation of a new street or
make necessary the extension of municipal facilities.
30
(g) Expiration. Approval of an amending plat shall expire if the plat is not submitted for
recordation within the time period specified for recordation of a Final Subdivision
Plat.
31
Section 3.2.6.4 Specific Street Standards
(a) EDCM Standards Met. In addition to the requirements of the Engineering Design
Criteria Manual (EDCM), the requirements of the street standards in this Section
shall be met.
(b) Arrangement of Streets Not Shown on the Thoroughfare Plan. For streets that
are not shown on the City's Thoroughfare Plan, such as local residential streets, the
arrangement of such streets within a subdivision shall:
(1) Provide for the continuation or appropriate projection of existing streets or
street stubs from or into surrounding areas -every twelve hundred feet
(1,200'), there shall be a projection that would allow for such continuation;
(2) Conform to any plan for the neighborhood approved or adopted by the City to
meet a particular situation where topographical or other conditions make
continuance or conformity to existing streets impractical;
(3) Provide for future access, such as by stubbing streets for future extension, to
adjacent vacant areas which will likely develop under a similar zoning
classification or for a similar type of land use; and
(4) Not conflict in any way with existing or proposed driveway openings
(including those on the other side of an existing or planned median-divided
thoroughfare, in which case new streets shall align with such driveway
openings such that median openings can be shared).
(c) Discouragement of Through Traffic on Residential Streets. Residential collector
streets and local residential streets shall be laid out such that their use by "cut
through" traffic will be discouraged, with the development of a hierarchical street
system and such measures as circuitous routes or multiple turns or offsets, but such
that access is provided to adjacent subdivisions.
(d) Transitions of Right-of-Way Width. Wherever the right-of-way width of a
residential local or collector street must transition to a greater or lesser width, the
transition shall not occur within an intersection but within the street right-of-way so
that the right-of-way shall be the same on both sides of the street intersection.
(e) Subdivisions Abutting or Containing Thoroughfares. Where a subdivision abuts
or contains an existing or proposed thoroughfare, the Planning and Zoning
Commission may require marginal access streets, shared driveway access on
commercial lots, reverse or double-lot frontage (lots which back onto the
thoroughfare), deep lots with rear service alleys, or such treatment as may be
necessary for adequate protection of residential properties and to afford separation
of through and local traffic. Direct access to a thoroughfare from a residential lot
shall be prohibited unless the lot is in an existing subdivision and has no frontage or
other means of access to another road.
(f) Reserve Strips. Reserve strips controlling access to streets shall be prohibited
except where their control is required by the City and approved by the Planning and
Zoning Commission.
32
(g) Configuration Shall Reduce Minimal Offsets. Intersecting streets onto an
existing or future divided roadway must be configured such that the centerline offset
will accommodate the appropriate median opening and left-turn lanes (with required
transition and stacking distances) on each divided roadway, and shall be aligned with
any existing or proposed streets or driveways on the opposite side of the divided
roadway (in order to share the median opening).
(h) Intersections. A street intersection with a classification of secondary thoroughfare
or above shall be at a ninety degree (90°) angle and shall be tangent to the
intersecting street for at least one hundred feet (100'). All other street intersections
shall be laid out so as to intersect as nearly as possible at a ninety degree (90°)
angle or radial to the centerline of the intersecting street for the full right-of-way width
of the intersecting street, and tangent to the intersecting street for at (east fifty feet
(50'). No street shall intersect at an angle that is less than eight-five degrees (85°).
(i) Right-of-Way Widths. Street right-of-way widths shall be as shown on the
Thoroughfare Plan and as defined by the corresponding roadway cross-sections on
the Thoroughfare Plan and in the City's EDCM.
Q) Half Streets. Construction of half streets shall be prohibited, except when essential
to the reasonable development of the subdivision in conforming with the other
requirements of this Code and the Thoroughfare Plan, and where the Planning and
Zoning Commission makes a determination that there is no immediate benefit to be
gained by constructing the full street section since no access from the street will be
needed by the subdivision in question. The Planning and Zoning Commission may
also find that it would be more practical, or cost effective, to delay construction of the
other half of a street until when the adjoining property is developed.
(k) Maximum Length of a Block or Street Segment. The maximum length of any
block or street segment (including a looped street) shall be twelve hundred feet
(1,200'), except sixteen hundred feet (1,600') shall be permitted along major
thoroughfares, and the minimum length of any block or street segment shall be six
hundred feet (600'), as measured along the street centerline and between the
point(s) of intersection with other through streets (i.e., not dead-end streets or cul-de-
sacs).
(I) Maximum Length of a Cul-De-Sac Street. A cul-de-sac street shall not be longer
than six hundred feet (600'), and at the closed end shall have a turnaround bulb with
an outside pavement diameter of at least eighty feet (80') and a right-of-way
diameter of at least one hundred feet (100'). The length of a cul-de-sac shall be
measured from the centerline of the intersecting through street to the centerline of
the cul-de-sac bulb. In nonresidential areas, the turnaround shall have a minimum
right-of-way diameter of one hundred feet (100') and a paving surface with a
minimum width of ninety feet (90').
(1) Exception: Dead-end streets with aturn-around may be extended to a
maximum length of one thousand two hundred feet (1,200') is platted and
constructed with a minimum right-of-way of sixty feet (60') and a pavement
width of thirty-six feet (36'), measured from back-of-curb to back-of-curb), or if
an acceptable all-weather emergency access street fitted with 911 locks is
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proved at the end of the cul-de-sac turnaround. All roadway and property line
diameters referenced above shall apply.
(m)Variances for Overlength Streets or Cul-De-Sacs. The Planning and Zoning
Commission may approve variances for overlength streets or cul-de-sacs up to
seven hundred and fifty feet (750') in length, whether temporary or permanent, upon
considering the following:
(1) If there are alternative designs that are feasible and that would, if used, reduce
the proposed overlength street or cul-de-sac;
(2) The effect of overlength streets upon access, congestion, delivery of municipal
services, and upon convenience to residents of the subdivision in traveling to
and from their homes; and
(3) Means of mitigation, including but not limited to additional mid-block street
connections, limitation on the number of lots to be served along an overlength
street segment or cul-de-sac, temporary (or permanent) points of emergency
access, and additional fire protection measures.
(4) Whether the allowance of such overlength street or cul-de-sac preserves the
spirit and intent of these regulations.
(n) Dead-End Streets. Except when recommended by the City Engineer, no public
dead-end streets will be approved unless they are provided to connect with existing
streets (including stubbed-out streets) or future platted streets on adjacent land.
(1)In the case of dead-end streets which will eventually be extended into the
adjacent property, no more than one lot (per side) can front onto the dead-end
street stub unless a temporary turnaround bulb (with the appropriate temporary
street easement) is provided at the end.
(2) A temporary dead-end street shall not exceed the maximum allowed length of a
normal cul-de-sac, and the temporary turnaround bulb must be constructed like
a cul-de-sac, as provided in Subsection (k) above.
(3) A note shall be placed on the final plat clearly labeling any temporary dead-end
streets (if any) that will at some point be extended into the adjacent property,
and signage shall be placed at the end of the constructed street stub, such as
on the barricade, also stating that the street may be and is intended to be
extended in the future. signage and lettering must be large enough to be
legible by a person with normal vision at a fifty-foot (50') distance. Any
required temporary turnaround easements shall be shown on the final plat
along with their appropriate recording information, if they are off-site or
established by separate instrument.
(4) No dead-end private street shall extend further than seven hundred feet (700')
for multiple-family developments.
(o) Names of Extensions of Existing Streets. New streets which extend existing
streets shall bear the names of the existing streets, and shall be dedicated at equal
or greater right-of-way widths than the existing streets for an appropriate transition
length, if applicable.
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(p) Construction of Streets. All streets shall be constructed in accordance with paving
widths and specifications as set forth in the EDCM of the City of Pearland at the time
at which the preliminary plat application is officially submitted and deemed a
complete application.
(q) Street Grades and Horizontal Curves. Minimum and maximum street grades and
horizontal curves will conform to standards set forth in the EDCM.
(r) Pavement Widths and Rights-of-Way. Pavement widths and rights-of-way shall be
as follows:
(1) Major thoroughfare streets shall have aright-of-way width of at least one
hundred and twenty feet (120') with a pavement width of at least two (2) thirty-
six-foot (36') sections with afourteen-foot-wide (14') raised median.
(2) Secondary thoroughfare streets shall have aright-of-way width of at least one
hundred feet (100') with a pavement width of at least two (2) twenty-four-foot
(24') sections and atwenty-foot-wide (20') raised median.
(3) Primary collector streets shall have aright-of-way width of at least eighty feet
(80') with a pavement width of at least forty-four feet (44').
(4) Secondary collector streets shall have aright-of-way width of at least sixty feet
(60') with a pavement width of at least thirty-eight feet (38').
(5) Residential streets shall have aright-of-way width of at least fifty feet (50') and
a pavement width of at least twenty-eight feet (28').
(6) Rural lot (lot having an area of 0.625 acres or more) streets shall have aright-
of-way width of at least seventy feet (70') with a pavement width of at least
twenty-five feet (25'). Upon the approval of the City Engineer, the right-of-way
may be reduced to fifty feet (50') as long as ten foot (10') drainage easements
are provided on both sides of the right-of-way.
(7) Open ditches and asphalt streets are prohibited except in areas developed in
conformance with residential lot sizes that are one-half (1/2) acre or more in
size. Additional drainage easements may be required for streets with open
ditches by the City Engineer.
(s) Curbs and Gutters. Curbs and gutters, or ribbon curbs, where approved, shall be
installed in the subdivision on both sides of all interior streets and on the subdivision
side of all streets forming part of the boundary of the subdivision, according to the
EDCM.
(t) Street Names.
(1) New streets in a subdivision shall be named in a way that will provide continuity
of street names and prevent conflict or confusion with existing street names in
the City, in the City's extraterritorial jurisdiction or in a neighboring jurisdiction.
A proposed new street name is in conflict with this subsection where:
a. It duplicates or sounds phonetically similar to the name of a street already
in use within the City or the City's extraterritorial jurisdiction or designated
as a future extension in the current Thoroughfare Plan;
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b. It differs from an existing street name in the City or the City's
extraterritorial jurisdiction by the addition of an auxiliary designation
including "avenue', "way", "boulevard", etc.; or
c. The street to be named is an extension of or is in substantial alignment
with an existing street in the City, the City's extraterritorial jurisdiction or a
neighboring jurisdiction and the proposed street name is different from the
existing street name.
(2) Renaming of existing streets shall also be in accordance with this Section
3.2.6.4.
(u) Street Signs. Street signs shall be installed by the developer at all intersections
within and abutting the subdivision. These signs shall be of a type approved by the
City, and shall be installed according to City standards.
(v) Streetlights. Streetlights shall be installed by the developer at all intersections and
at the ends of cul-de-sacs, and shall have no greater distance than two hundred and
fifty feet (250') between them within or abutting the subdivision.
(w) Access Management. Access management standards and requirements related to
TxDOT roadways and City roadways shall be in accordance with the EDCM and
Chapter 3, Article 2, Division 7 (Driveways) of this Unified Development Code.
(x) Screening Along Roadways. Screening requirements for roadways shall be in
accordance with the zoning districts outlined in Chapter 2 of this UDC; or with
Chapter 4, Article 2, Division 2; or with Chapter 4, Article 2, Division 4, whichever is
most applicable.
(y) Pedestrian Connectivity. Pedestrian connectivity and access shall be provided
between subdivisions, schools, cul-de-sacs (i.e., bulb-to-bulb access) and park
areas. In cases where a subdivision is constructed in a location that is adjacent to
another subdivision, pedestrian access shall be provided such that adjacent
development can connect to such access at a later date, when development occurs.
Gated subdivisions may be exempt from this requirement upon approval by the
Planning Director. Also refer to Section 3.2.11.1 (sidewalks).
(z) Conformance with the Comprehensive Plan. Streets and the layout of streets
shall be consistent with the adopted Comprehensive Plan, and specifically the
Thoroughfare Plan, to the furthest extent possible.
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Section 3.2.10.1 Parkland Dedication 8~ Fees
(a) Areas for Public Use.
(1) Application: This division shall apply to areas inside the City limits and the
City's ETJ.
(2) Suitable Sites: Area(s) Indicated on Submittals: The applicant shall give
consideration to suitable sites for parks, playgrounds and other areas for public
use so as to conform with the recommendations of the City's adopted Parks
Plan, as amended.
a. Any provision for parks and public open space areas shall be indicated on
the construction drawings and final plat, and shall be subject to a
recommendation by the Park Director and approval by the Planning and
Zoning Commission.
b. Suitable park sites include those that can be used for active recreation
(such as playgrounds and areas for organized sports) and passive
recreation (such as hiking and picnic areas) as defined and discussed
within the City's adopted Parks Plan, as amended.
(3) Permit Required for Park Site Manipulation: No individual, partnership, firm, or
corporation shall deepen, widen, fill, reroute or change the course or location of
any existing ditch, channel, stream or drainageway proposed for a park without
first obtaining written permission of the City and any other agency having
jurisdiction.
(b) Parkland Dedication.
(1) Generally: The City of Pearland has determined that recreational areas in the
form of public parks and open spaces are necessary for the well being of the
residents of the City. The City has further determined that a reasonable
connection exists between the subdivision of residential property and the need
for additional parkland to serve new residents of the community. It is the intent
of this section, therefore, to require a reasonable method for the dedication of
public parkland, or the payment of a fee in lieu of property dedication, that is
directly related to the need for high quality park land and open space sites for
the use and enjoyment of the citizens of Pearland.
(2) Criteria for Land Dedication: All residential subdivisions, regardless of type,
shall be required to dedicate suitable land for park or open space development
in the amount of one (1) acre per fifty (50) units or lots, whichever results in a
greater dedication.
(3) Calculation: Residential units shall be calculated based on the actual number
of single-family, duplex and townhouse lots platted in the subdivision. Multiple-
family and condominium units shall be calculated on the maximum allowed
density of the zoning district in which the lot is located. If the subdivision is
located outside of the City limits, multiple-family units shall be calculated at the
rate of 24 dwelling units per acre, and condominium units shall be calculated at
37
the rate of 12 dwelling units per acre, unless deed restrictions are filed
restricting the property to a lesser density.
(4) Exemption from dedication requirements: Parkland dedication requirements
shall not apply to either the subdivision of commercial, industrial or other non-
residential lots, or to the replatting of previously platted residential lots, where
such lots were subject to parkland dedication requirements at the time of the
prior subdivision. If a replat or amending plat is filed that increases the number
of dwelling units from the previous plat, the park dedication requirement shall
apply to the additional dwelling units.
(5) Criteria for Park and Ooen Saace Dedication: Land dedicated for parks or open
spaces shall be appropriate for the intended purpose. The following criteria
shall apply to land proposed for parkland or open space dedication:
a. At least fifty percent (50%) of the parkland that is required to be dedicated
(based on the previously described calculation) shall be acceptable in
terms of design, location, etc., for use as an area of active recreation.
b. Drainage ditches, power line easements, pipeline easements, and similar
sites shall not be accepted for parkland dedication, unless the Planning
and Zoning Commission finds, after consultation with the Director of
Parks and Recreation, that the land has exceptional recreational value
that warrants its acceptance as parkland or open space. If this finding is
made, such areas may account for a maximum of fifty percent (50%) of
the parkland dedication.
c. Detention/retention facilities may be accepted for parkland dedication
when the Planning and Zoning Commission finds, after consultation with
the Director of Parks and Recreation, that the facilities have been
incorporated into the design of the development as an amenity, such as a
lake or pond. The term "amenity" is defined within Chapter 5 of this UDC.
d. The dedication of land within the 100-year floodplain may be acceptable,
provided the land consists of the native floodplain that is unaltered by
channelization or other man-made stormwater control facilities.
e. All parkland and open space dedication shall be consistent with the goals,
objectives and policies of the City's adopted Park Plan (as amended).
f. The parkland shall be located in the same park benefit zone as the
subdivision fulfilling the park donation requirement.
g. The parkland shall be clearly visible to public safety vehicles and the
neighborhood residents.
h. Pedestrian or vehicular access to the parkland shall be available from one
(1) or more streets. Street frontage shall be required to ensure public
access to the parkland and adequate on-site parking, if appropriate.
i. The parkland shall be of suitable width, depth, topography and size to
permit he development and/or construction of facilities listed herein and
as described in the adopted Parks Plan. This requirement may vary from
subdivision to subdivision depending upon the specific need being served
by the dedication.
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j. Potable water, sanitary sewer, and electrical power shall be readily
available to the parkland from an adjacent street right-of-way or public
utility easement.
k. The parkland shall be free of easements, pipelines, overhead utilities, and
other conditions which prohibit the effective use of the property as a
neighborhood park.
I. The subdivider shall remove all dead tress, trash, refuse, and water
materials from the dedicated parkland prior to its acceptance.
m. The parkland shall have adequate drainage as determined by the City
Engineer, who shall review all construction plans for any detention or
retention proposed to be built on the property.
(6) Fee in lieu of Dedication: A cash fee for the purchase of offsite parkland may
be paid in lieu of all or part of the dedication of onsite parkland. The cash fee
in lieu of parkland dedication shall be set by resolution of the City Council. All
fees in lieu of dedication shall be paid prior to the recordation of the final plat or
prior to the issuance of a building permit where a plat is not required. Fees in
lieu of dedication may be accepted if either of the following conditions apply:
a. If requested by the subdivider, and reviewed by the Director of Parks and
Recreation, the Planning and Zoning Commission may allow the option of
the payment of a fee over the dedication of land within the subdivision; or
b. If the Director of Parks and Recreation recommends to the Planning and
Zoning Commission that land proposed for dedication by the subdivider is
either unsuitable for parkland due to its size or general physical
characteristics, or the proposed dedication is not consistent with the
goals, policies and objectives of the City's adopted Parks Plan, as
amended.
(7) Park Benefit Areas/Zones: The City shall establish a separate parkland and
open space account. The funds in the account shall be earmarked solely for
the acquisition and development of parkland either in the same park benefit
area in which the subdivision is located, or for regional parks and open space
that will benefit all of the citizens of Pearland. The City shall expend cash
contributions within ten (10) years of the date any such contribution is made.
(8) Parkland Conveyance:
a. Land proposed for dedication as public parkland or open space shall be
designated on the final plat and shown as "Parkland dedicated to the City
of Pearland." The acreage of the land included in the dedication shall
also be shown on the plat. All land designated as parkland shall be
included in a separate lot, or multiple lots, that are shown on the plat.
b. Park and recreation facilities in the City shall be dedicated to the City.
Park and recreation facilities in the City's police jurisdiction shall be
dedicated to the City. If the City does not wish to accept the dedication of
public parkland in its ETJ, it shall be dedicated to the county, municipal
utility district, or a homeowners' association (as defined), subject to
acceptance by such entity.
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c. The subdivider shall be obligated to survey corner markers at the corners
of all parkland lots in accordance with the standards set forth in this
Article, Division 11.
d. Prior to the City's acceptance of the subdivision improvements, the
subdivider shall deliver a warranty deed to the City conveying fee simple
title of all parkland shown on the final plat.
(9) Method of Park Dedication: The proper method of park dedication for a
subdivision subject to the park dedication requirement shall be determined by
the City prior to the approval of the Final Subdivision Plat, and shall be based
upon the size of the subdivision, as follows:
a. 500 Dwe/line Units or More -The Final Subdivision Plat of any
subdivision subject to this division of the UDC that establishes five
hundred (500) or more dwelling units shall include dedication of land to
the City for zone parks and neighborhood park purposes. Such
dedication shall be at the rate of one (1) acre of land per each fifty (50)
dwelling units on the Final Subdivision Plat.
b. 100 to 499 Dwelling Units -For any subdivision subject to this division of
the UDC that establishes one hundred (100) to four hundred and ninety-
nine (499), the City Council, in consultation with the Park Director, shall
have the sole discretion to accept either a dedication of land on the Final
Subdivision Plat at the above rate, or to require payment of cash in lieu
thereof in the amount provided by Subsection (b)(6) above.
c. Fewer than 100 Dwelling Units -The City declares that development of a
park less than one (1) acre in size is impractical and creates
unreasonable and unnecessary maintenance and operating expenditures.
Therefore, if the proposed subdivision contains less than one hundred
(100) dwelling units, the subdivider shall be required to pay cash in lieu
thereof in the amount provided by Subsection (b)(6) above. No plat
showing a dedication of less than one (1) acre shall be approved unless
the dedicated property may reasonably be developed in conjunction with
adjacent park property.
(10) Excess Ooen Saace: A subdivider may satisfy up to ten percent (10%) of the
park dedication requirement by exceeding the open space requirement for the
subdivision by at least thirty percent (30%).
(11) Improvements to Existing Park Sites: Construction of improvements to existing
public park sites or neighborhood recreational facilities located within the same
park benefit zone as the subdivision fulfilling the park dedication requirement,
may satisfy up to fifty percent (50%) of the subdivision's park dedication
requirement, subject to the following conditions.
a. Such improvements shall be constructed in accordance with a Site Plan.
The Site Plan shall include, at a minimum, a topographic element
including proposed grading, landscaping and beautification elements, site
facilities, recreation facilities, and existing and proposed utilities. The Site
Plan shall be drawn at a scale of one inch (1") to twenty feet (20') (or
other suitable scale). All approved improvements shall be designed in
40
compliance with the EDCM standards applicable to such improvements.
Additionally, the subdivider shall include details related to materials,
equipment, methods of construction, warranties, assurances, and
indemnifications. All proposed improvements shall be subject to the
approval of the City's Parks Director.
b. The Site Plan shall be approved by the City's Parks Director prior to the
filing of the Final Subdivision Plat.
c. Improvements proposed in the Site Plan may fall into any of the following
park improvement categories. A subdivider may satisfy up to ten percent
(10%) of the park dedication requirement for each category of
improvements that are constructed, up to a maximum of fifty percent
(50%). Any improvements proposed by the subdivider, but not included
in this list, and/or any improvements which are deemed necessary at the
site, may be rejected by the City. In addition, the City's Parks Director
may approve the provision of any improvement not shown on this list in
such improvement is in compliance with the findings and
recommendations of the Parks Plan.
1. Handicapped accessible playgrounds, with approved equipment,
benches, and/or picnic tables ;
2. Practice athletic fields and courts for volleyball, basketball, and/or
tennis;
3. Swimming Pools;
4. Natural open space consisting of at least five (5) acres of useable
natural habitat, approved by the Director of Parks and Recreation,
and exclusive of subdivision entry ways and open space counted for
the credit allowed in (10) above;
5. Lakes with recreational amenities such as boat docks and/or fishing
piers;
6. Multi-purpose trails and walkways;
7. A trail connection at least eight feet (8') wide for public use that links
the subdivision to the City's hike and bike trail.
d. All improvements constructed pursuant to this division of the UDC are
subject to final acceptance by the Parks Director. If any or all of the
improvements are deemed unacceptable, the subdivider shall make up
that portion of the park donation requirements that would have been
satisfied by the unacceptable improvements by payment of a cash
donation prior to the final acceptance of the subdivision by the City.
(12) Expenditure of Collected Funds:
a. Special Fund -There is hereby established a special fund for the deposit
of all sums paid in lieu of parkland dedication under this division of the
UDC. This fund shall be known as the parkland dedication fund. Monies
placed in this fund may not be utilized for any other general business
ai
activity of the City. Monies may be expended from this fund only for the
following:
1. The purchase, lease, or other acquisition of parkland and open
space;
2. The improvement preparation and maintenance of such areas and
sites;
3. The installation of utilities to such sites;
4. The construction of landscaping, play equipment or recreation
improvements on such sites; or
5. Attendant engineering and planning costs associated with such park
activities.
b. Rioht to Refund -The City shall account for all sums paid in lieu of parkland
dedication under this division with reference to the individual plats involved. Any fins
paid for such purposes must be expended by the City within ten (10) years from the
date received by the City for acquisition and/or development of City parks. Such
funds shall be considered to be spent on a "first in, first out" basis. If not so
expended, the subdivider or the owner of the subdivision on the last day of such
period shall be entitled to a pro rata refund of such sum, computed on a square
footage or area basis. The owners of such property must request such refund within
one (1) year of entitlement, in writing, or such right shall be forfeited.
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Section 3.2.14.2 Lots -Determination and Regulation of Size
(a) Zoning District Requirements, If Applicable. Lots shall conform to the minimum
requirements of the established zoning district, if located within the City's corporate
limits.
(b) General Shape and Layout. The size, width, depth, shape and orientation of lots,
and the minimum building setback lines shall be designed to assure the adequate
provision of public facilities and the purpose of these subdivision regulations (within
this Chapter 3 of the UDC), taking into consideration the location and size of the
subdivision and the nature of the proposed uses.
(c) Irregularly-Shaped Lots. Irregularly-shaped lots shall have sufficient width at the
building line to meet lot width and frontage requirements of the appropriate zoning
district (if within the City's limits), and shall provide a reasonable building pad without
encroachment into front, side or rear yard setbacks or into any type of easement.
Also, the rear width shall be sufficient to provide access for all necessary utilities,
including access for driveways and solid waste collection when alleys are present
(minimum 20-foot alley frontage). In general, triangular, severely elongated (in
excess of a 3 to 1 depth to width ratio) or tapered, or flag lots shall be not be
permitted, except as provided in Section 2.6.1.1 (b) (1). Lot depth and width shall be
measured as shown in Chapter 2, Figure 2-4, The City reserves the right to
disapprove any lot which, in its sole opinion, will not be suitable or desirable for the
purpose intended or which is so oddly shaped as to create a hindrance to the logical
lot layout of surrounding properties.
(d) Side Lot Line Configuration. Side lot lines shall be at ninety degree (90) angles or
radial to street right-of-way lines to the greatest extent possible. The City reserves
the right to disapprove any lot which, in its sole opinion, is shaped or oriented in such
a fashion as to be unsuitable or undesirable for the purpose intended, or which is not
attractively or appropriately oriented toward its street frontage.
(e) Double Frontage Lots. Double frontage lots shall be avoided, except where they
may be essential to provide separation of residential development from major
thoroughfares, or to overcome a specific
disadvantage or hardship imposed by
topography or other factors. Where lots
have double frontage, are not screened,
and/or are provided access directly onto a
major thoroughfare, building setback lines
shall be established for each street side,
and rear yard screening shall be provided
in accordance with Chapter 4, Article 2,
Division 4. Residential lots shall not back
onto any residential street or collector
street within a residential area or
neighborhood, provide direct access onto a
thoroughfare, or have more than one-half
of its perimeter boundaries along streets.
43
~~ ~
Figure 3-1: Types of Lats
(f) Extra Depth and Width in Certain Cases. Additional depth shall be required by the
Planning and Zoning Commission when a lot in a residential area backs up to a
railroad right-of-way, a high pressure gasoline, oil or gas pipeline, an electric
transmission line (69 kv or higher), a thoroughfare, an industrial area, or other land
use that has a depreciating effect on the residential use of the property and where no
marginal access street or other street is provided at the rear of the lot. A depth in
excess of 140 feet shall not be required. Where a lot sides to any of the uses listed in
this subsection, additional width shall be required by the Commission, but a width in
excess of 75 feet shall not be required.
(g) Lots Adjacent To or In Floodplains. Subdivision of property in a designated
floodplain must meet the requirements for floodplain management in the City's
adopted Flood Hazard Prevention Ordinance and/or Chapter 30 of the City Code, as
applicable.
(h) Landscaping and Buffering. The design of lots shall take into consideration the
requirements of Chapter 4 pertaining to landscaping and buffering, specifically in
situations where the subdivision will be adjacent to areas of different land uses or
when residential densities or different land uses or various residential densities will
be developed within the subdivision.
(i) Building Lines. Front building lines shall be shown for all lots on all plats submitted
for land within the City's ETJ.
Q) Access. Each lot shall have access to a public street or a private street built to city
standards by direct frontage on such street. The minimum required frontage of a lot
shall be equal to the minimum lot width allowed for the zoning district in which the lot
is located. The Planning and Zoning Commission may approve a minor subdivision
plat containing lots that do not have frontage on a public street, as long as such lots:
(1) are pre-existing and the plat does not include a division of land that creates
any new lots lacking frontage on a public street.
(2) have existing access to a public street via not more than one (1) permanent,
valid access easement that is:
a. recorded in the county real property records;
b. appurtenant to (runs with) the land;
c. at least fifteen feet (15') wide and no more than two hundred feet
(200') long;
d. cleared of trees, shrubs, debris, structures, and other obstacles to
vehicular traffic; and
e. improved to the City's minimum standards for driveways
(3) are zoned for single family residential use; and
(4) are either currently being used as residences or have been used as
residences in the past and have not been vacant more than eighteen (18)
months.
As used in this section, the term "pre-existing" shall mean that, on the later of March
9, 1981 or the date the property was annexed into the City, the property was in the
44
same configuration, as indicated by deed records, as is being shown on the minor
subdivision plat.
45
Section 4.2.1.2 Minimum Requirements & Standards
(a) Minimum Requirements for Off-Street Parking. Requirements are as follows:
(1) Parking on grass or other non-paved area in any zoning district is prohibited
except for agricultural machinery or equipment in the SD or RE zoning districts.
(2) For any multiple-family, duplex, or townhome dwelling unit or condominium
where leasing offices are provided on the site, visitor parking must be provided
as per the office parking requirements outlined in this section. Where
clubhouses are provided on the site, appropriate off-street parking must be
provided as per the eating and drinking establishments requirements outlined
in this section.
(3) For residence halls, fraternity buildings, and sorority buildings, additional
parking spaces may be required by the Planning and Zoning Commission for
fraternity and sorority buildings as a condition of the Site Plan approval where
the building does not provide permanent sleeping facilities for all members of
the organization.
(4) The requirements for schools within Table 4-1 shall not apply to private schools
which do not permit students to bring motor vehicles to the institution; however,
the educational institution shall be required to provide adequate off-street
parking for faculty, administrative personnel, and athletic events including
visiting of parents or other personnel. Such requirements will be calculated
based on the applicable parking requirements for the individual uses.
(5) For any restaurant, eating and/or drinking establishment where permanent
outdoor seating areas including decks, patios, or other unenclosed spaces are
provided, those areas shall be included in the calculation of gross floor area
and total number of seats. Establishments having only outdoor dining
consisting of fewer than sixteen (16) seats shall provide a minimum of four (4)
parking spaces.
(6) In addition to required parking spaces, a day care center or pre-elementary
school shall provide a driveway having a length sufficient for temporary parking
of at least three (3) vehicles whereby the temporary parking spaces do not
block access to the other required off-street parking spaces. In lieu of the
driveway required herein, a day care center or pre-elementary school located
within a development with shared parking, such as amultiple-occupancy center
or an integrated business development, may provide three (3) clearly
designated temporary parking spaces located not more than one hundred feet
(100') from the main entrance of the day care center or pre-elementary school.
(7) Parking requirements for recreation and amusement facilities that have any
combination of the outdoor uses listed in Tab/e 4-1 on the same premises shall
be calculated based on the sum of the minimum requirements for the individual
uses proportionate to the indoor and outdoor areas allocated for each use.
Table 4-1
46
Reauired Number of Parkins Spaces By Tvpe of Use
Type of Use Number of Spaces Required
All other places of public assembly not 1 space for each 4 seats of capacity in the main
specified area containing fixed seating
All other schools not specified 1 space for each classroom plus 1 for each 15
students
All other uses not specified -Also see 1 space per 165 square feet of gross floor area
Section 4.2.1.2(c)
Assembly hall 1 space for each 4 seats of capacity in the main
area containing fixed seating
1 space for each 200 square feet of gross floor
Auto parts store
area
Bank, savings and loan or credit union 1 space per 200 square feet of gross floor area
Barber and/or beauty shop 1 space for each 200 square feet of gross floor
area
1 space for each 200 square feet of gross floor
Bookstore
area
Bowling alley 5 parking spaces for each bowling lane
Bus depot 1 for each 100 square feet of floor area
1 space for each 200 square feet of gross floor
Business support service
area
Church 1 space for each 4 seats of capacity in the main
area containing fixed seating
1 space for each 200 square feet of gross floor
Clothing store
area
1 space for each 4 seats or 1 space for every
Conference center/convention center 100 square feet of gross floor area, based on
maximum design capacity whichever is less
1 space for each 200 square feet of gross floor
Convenience store area plus 1 space for each gasoline/diesel
pump
47
Dance, assembly and exhibition halls 1 space for each 100 square feet used for
without fixed seats assembly or dancing
Day care center or pre-elementary school 1 space per 300 square feet of gross floor area
- Also see Section 4.2.1.2(a)(6)
1 space for each 200 square feet of gross floor
Department store area
1 space per 20 students and 1 space per staff
Elementary school faculty member
1 parking space for each 50 square feet of floor
Funeral home or mortuary space in slumber room parlors or individual
funeral service rooms
1 space for each 200 square feet of gross floor
General merchandise store
area
1 space for each 200 square feet of gross floor
Grocery store area
Group home 4 spaces
1 space for every 3 students, faculty and staff,
High school and/or vocational school based on maximum design capacity
Hospital 1 space per bed
1 parking space for each sleeping room or suite
Hotel or motel plus 1 space for each 200 square feet of
commercial floor area contained therein
1 space per 15 students and 1 space per staff
Junior high school faculty member
1 space for each 200 square feet of gross floor
Laundry service area
Library 1 space for each 300 square feet of floor area
1 space per each 2 persons capacity of
Lodging houses and boarding houses overnight sleeping facilities
1 for each 1.5 employees in the maximum work
Manufacturing plant shift
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Medical or research laboratory 1 for each 1.5 employees in the maximum work
shift
Medical or dental clinic 4 spaces for each treatment room
Multiple-family, duplex, or townhome dwelling unit or condominium -Requirements below
[Also see Section 4.2.1.2(a)(2)]
Efficiency unit 1'/z spaces
One-bedroom unit 2 spaces
Two-bedroom unit 2'/~ spaces
Three-bedroom unit, or more
1 space per bedroom
bedrooms
Multi-use Occupancy 1 space for each 165 square feet of gross floor
area
Office and professional uses 1 space for each 300 square feet of gross floor
area
1 space for each 200 square feet of gross floor
Pharmacy
area
1 space for each 200 square feet of gross floor
Product repair service
area
Recreation and amusement facility -Requirements below [Also see Section 4.2.1.2(a)(7)]
Arcade 1 space per 200 square feet of gross floor area
Driving/archery/shooting range 1 space per 200 feet of gross floor area of
indoor facilities, plus 1 space per tee or target
Fairground, exhibition, carnival 1 space per 500 square feet of outdoor site
area, plus 1 space per 4 fixed spectator seats
Go-carts and all-terrain vehicles 1 space per 2 vehicles, plus 1 space per 4
49
spectator seats
1 space per 150 square feet of gross floor area
Golf course of indoor facilities, plus 5 spaces per green
1 space per 200 square feet of gross floor area
Miniature golf of indoor facilities, plus 1 1/2 spaces per hole
Rodeo, circus, auto/motorcycle racing 1 space per 3 spectator seats
1 space per 200 feet of gross floor area of
Skateboarding, water slide indoor facilities, plus 1 space per 2 persons
design capacity of outdoor facilities
1 space per 100 square feet of gross floor area
of indoor facilities plus 1 space per four
Sport fields, swimming pool, private persons design capacity of outdoor facilities,
parks and playgrounds including both participants and spectators as
applicable
Tennis and other sport courts 2 spaces per court
Residence halls, fraternity buildings, and 1 space per person capacity of permanent
sorority buildings -Also see Section sleeping facilities
4.2.1.2(a)(3)
Residential care facility 1 space per each two persons capacity
Restaurant, eating and/or drinking 4 spaces, plus 1 space for each 100 square
establishment -Also see Section feet of gross floor area, or 4 seats, whichever
4.2.1.2(a)(5) is less
1 space for each 200 square feet of gross floor
Retail uses not otherwise specified
area
Sanitarium, convalescent home, home for 1 parking space for each 2 beds
the aged or similar institution
1 space for each 4 seats of capacity in the
School auditorium main area containing fixed seating
4 spaces plus one space per 10,000 square
Self-storage or mini-warehouse feet of storage area
Shopping centers, malls, and multi- 1 parking space per 200 square feet of floor
occupancy uses over 3 acres in size space
50
Single-family attached and detached
dwelling units (including manufactured or 2 parking spaces per dwelling unit
industrialized housing unit)
Sports arena 1 space for each 4 seats of capacity in the
main area containing fixed seating
Stadiums 1 space for each 4 seats of capacity in the
main area containing fixed seating
Student center 1 space for each 300 square feet of floor area
1 parking space for each 50 square feet of floor
Take-out ordrive-through eating space used or designated as customer service
establishment with no indoor dining and waiting area, or 4 spaces, whichever is
greater
Theater 1 space for each 4 seats of capacity in the
main area containing fixed seating
Vehicle repair facility (office spaces 1 space for each 200 square feet of floor area
calculated based on office requirements) devoted to vehicle repair, excluding office
space
1 parking space for employees and customers
per 3,000 square feet of open sales lot and
Vehicle sales or rental dealer enclosed floor area devoted to the sale,
display, or rental of motor vehicles, mobile
homes, or trailers
Warehouse (office spaces calculated 1 space for each 2,000 square feet of gross
based on office requirements) floor area excluding office space
(b) Minimum Requirements for Off-Street Stacking. Off-street stacking requirements
for drive-through facilities shall be as follows.
(1) A stacking space shall be an area on a site measuring eight feet (8') by twenty
feet (20') with direct forward access to a service window or station of a drive-
through facility which does not constitute space for any other circulation
driveway, parking space, or maneuvering area.
(2) For financial institutions with drive-through facilities, each teller window or
station, human or mechanical, shall be provided with a minimum of five (5)
stacking spaces.
(3) For retail operations, other than restaurants, banks and kiosks that provide
drive-up service, including pharmacy and dry cleaners, a minimum of three (3)
stacking spaces for each service window shall be provided.
51
(4) For afull-service car wash, each vacuum or gas pump lane shall be provided
with a minimum of four (4) stacking spaces. For the finish and drying area,
adequate vehicle stacking and storage space must be provided to keep
finished vehicles out of circulation aisles, access easements, fire lanes and
streets.
(5) For each automated self-service car wash bay, a minimum of three (3) stacking
spaces, in addition to the wash bay itself, shall be provided. One stacking
space shall be provided at the exit end of each wash bay for window-drying
and other detailing.
(6) For each wand-type self-service car wash bay, a minimum of two (2) stacking
spaces, in addition to the wash bay itself, shall be provided. One stacking
space shall be provided at the exit end of each wash bay for window-drying
and other detailing, unless a separate area and shade structure is provided,
outside of circulation aisles, for these activities.
(7) For automobile quick-tube type facilities, a minimum of three (3) stacking
spaces shall be provided for each service bay in addition to the service bay(s)
itself.
(8) For restaurants with drive-thru service, a minimum of five (5) stacking spaces
shall be provided for the first (or only) window, and if applicable, a minimum of
two (2) stacking spaces for each subsequent window.
(c) New or Unclassified Uses. When a proposed land use is not classified in this
section, the parking requirements will be based on the minimum standard which
applies to a specified use which is most closely related to the proposed land use, as
determined by the Director, based on parking studies prepared by qualified
professionals.
(d) Parking on the Same Lot Required. Except as provided in Chapter 1, Article 1 for
circumstances that may be approved by the Zoning Board of Adjustment as a special
exception, all required off-street parking spaces shall be located on the same lot or
tract as the principal use being served by the parking area. All required parking shall
be on a paved surface. In such cases where parking is located on a separate lot, the
following is required:
(1) The parking is provided on a separate, conforming parking lot located not more
than 500 feet away from the premises of the use for which parking
requirements the parking lot is fulfilling, and which shall be conveniently usable
without unreasonable:
a. Hazard to pedestrians;
b. Hazard to vehicular traffic;
c. Traffic congestion; or,
d. Detriment to the appropriate use of other properties in the vicinity;
(2) A written agreement shall be drawn to the satisfaction of the City Attorney and
executed by all parties concerned, including the owner/agent of the principal
use utilizing the parking and the owner/agent of the lot on which the parking is
to be provided. Such written agreement shall assure the continued availability
52
of and access to (i.e., via an easement, etc.) the off-street parking area for the
principal use it is intended to serve.
(e) Off-Street Loading Requirements. In all zoning districts there shall be provided, in
connection with appropriate allowable uses, off-street loading facilities in accordance
with the following: Any department store, industrial plant, manufacturing
establishment, retail establishment, storage warehouse or wholesale establishment,
which has an aggregate gross floor area of 10,000 square feet or more, arranged,
intended or designed for the use shall be provided with off-street truck loading or
unloading berths at least 12 feet wide, 14 feet high and 35 feet long in accordance
with the following table. There shall be sufficient space to ensure that all
maneuvering required to utilize the loading space will not include street right-of-way.
Table 4-2
Square Feet of Aggregate Required
10,000 to 40,000 1
40,001 to 100,000 2
100,001 to 160,000 3
160,001 to 240,000 4
240,001 to 320,000 5
320,001 to 400,000 6
400,001 to 490,000 7
For each additional 90,000 over
490,000, additional berth 1
53
Section 4.1.2.2 Site Preparation Permit
(a) Purpose, Applicability, Exceptions and Effect.
(1) Purpose: The purpose of a Site Preparation Permit, also referred to as a Site
Work Permit, shall be assure that preparatory construction activities on the
development site will meet City standards prior to soil disturbance, construction
or placement of a structure on the tract, parcel or lot. A Site Preparation Permit
application may consist of a series of schematic drawings designed to satisfy
one or more criteria governing the decision on the permit.
(2) Aaolicability: Approval of a Site Preparation Permit is required prior to any
non-exempt development of land within the City limits or within the City's
extraterritorial jurisdiction.
(3) Exemptions: The requirements of a Site Preparation Permit do not apply in
whole or in part to the following activities or land uses:
a. Clearing that is necessary only for surveying purposes.
b. Construction or placement of asingle-family dwelling, duplex dwelling or
industrialized home on a legally platted lot, except for the following:
1. Landscaping, open space and tree preservation standards;
2. Public facilities standards related to subsurface sewage disposal; or
3. Floodplain improvement standards.
c. Infrastructure or lot improvements authorized under approved
construction plans for a finally platted subdivision or development plat,
provided that no soil disturbance or construction activities occur prior to
approval of such plans.
d. Agricultural uses.
(4) Effect: Approval of a Site Preparation Permit authorizes site preparatory
activities other than construction or placement of a structure on the land,
subject to the terms of the permit and for the duration of the permit. Approval
of a Site Preparation Permit also authorizes the property owner to apply for a
building permit.
(b) Application Requirements.
(1) Responsible Official: The Building Official shall be the responsible official for a
Site Preparation Permit.
(2) Submittal: All applications shall be submitted on a form supplied by the
Engineering Department with the required information as stated on the
application form.
(3) Prior Aoarovals: An application for a Site Preparation Permit shall not be
approved unless a final subdivision or development plat has been approved for
54
the land. Inside city limits, the property subject to the Site Preparation Permit
shall be appropriately zoned for the intended use.
(4) Accomoanvino Aoolications: A Site Preparation Permit may be accompanied
by an application for a building permit for the same land, provided that the Site
Preparation Permit shall be decided first.
(c) Processing of Application & Decision.
(1) Decision: The Building Official shall initially approve the application for a Site
Preparation Permit, approve the application with conditions, or deny the
application, subject to appeal as provided in Chapter 1, Article 3, Division 1 of
this UDC.
(2) Notification: The Building Official shall notify the applicant of his/her decision in
accordance with Chapter 1, Article 2, Division 2 of this UDC.
(3) Time for Decision: The application for a Site Preparation Permit shall be
decided within thirty (30) working days of the official filing date.
(4) Revised Permit Aoolication: If the conditions of approval require revision to the
Site Preparation Plan, a properly revised Site Preparation Plan shall be
submitted to the Building Official within ten (10) working days of receipt of the
notice of decision. The Buildino Official shall have an additional twenty (20)
working days to approve or deny the revised application.
(d) Criteria for Approval. The following criteria shall be used to determine whether the
application for a Site Preparation Permit shall be approved, approved with
conditions, or denied:
(1) The Site Preparation Permit is consistent with the approved construction plans.
(2) The Site Preparation Permit is consistent with any approved petitions or
applications for the same property;
(3) Where not exempted or satisfied through approval of prior development
applications, the following standards in the UDC and the City Code of
Ordinances have been satisfied:
a. The cut and fill standards in the City's adopted Building Code, as
amended, as well as any other applicable codes and regulations, have
been met;
b. The erosion and sedimentation standards in the City's adopted Building
Code, as amended, as well as any other applicable codes and
regulations, have been met;
c. If construction plans have not been approved, no disturbance of the soil
more than six inches (6") below existing grade shall be permitted;
d. The Site Preparation Permit is consistent with tree preservation and
mitigation requirements in Division 2 of Article 3 of this Chapter.
55
e. The detention requirements prior to and during construction as outlined
within the EDCM.
(e) Appeals & Relief Procedures.
(1) A~oeal: The applicant for a Site Preparation Permit or any interested person
may appeal the decision of the Building Official to the Building Board of
Adjustments in accordance with Chapter 1, Article 3, Division 1 of this UDC.
The Board may sustain, modify or reverse the Building Official's decision. The
Board may sustain, modify or reverse the Building Official's decision.
(2) Waiver Petition: A petition seeking to vary standards applicable to the Site
Preparation Permit shall be filed, processed and decided by the Building Board
of Adjustments in accordance with Chapter 1, Article 3, Division 4 of this UDC
prior to the decision on the Site Preparation Permit.
(3) Vested Rights Petition: Where an applicant claims exemption from one or
more requirements applicable to a Site Preparation Permit under this Unified
Development Code on grounds of vested rights, the applicant may submit a
vested rights petition to the Building Official prepared, and appealed if
applicable, in accordance with Chapter 1, Article 3, Division 3 of this UDC.
(f) Expiration & Extension.
(1) Time of Expiration: A Site Preparation Permit expires if development
authorized by the permit has not commenced on the property subject to the
permit within ninety (90) days after final approval of the permit. The Site
Preparation Permit may be revoked if a building permit or other permit
authorizing construction of a structure on the property has not been issued
within one (1) year after the date of approval of the permit, or, if no permit is
required, construction of a structure has not commenced on the development
site within such period.
(2) Extension: A Site Preparation Permit may be extended for a period not to
exceed an additional ninety (90) days by the responsible official, within which
development authorized by the permit on the property subject to the permit
must be commenced. The date for issuance of a construction permit or
commencement of construction of a structure may be extended by the
responsible official for a period not to exceed one (1) year.
56
Division 4 -Maintenance of Improvements
Section 4.1.4.1 Maintenance of Improvements Required
All improvements required by the UDC shall be maintained in a manner such that their
intended purposes continue to be met so long as the property is occupied or used in any
way.
57
Section 4.2.2.4 Required Landscape Area Standards for Nonresidential, Multiple-
Family, &Single-Family Development
(a) Meaning of "Landscape Area". Landscape area shall mean the area (greater than
one foot in width) within the boundary of a lot or parcel that is comprised of pervious
surface integrated with living plant material, including but not limited to trees, shrubs,
flowers, grass, or other living ground cover or native vegetation. For the purposes of
meeting the requirements of this division, undeveloped portions of the site cannot be
considered landscaped area. Landscaped areas shall be bounded by raised or
ribbon curbs.
(b) Establishment of Minimum Percentages. A minimum percentage of the total
gross lot area of property (excluding any required detention facilities) on which
development, construction or reconstruction occurs after the effective date of the
ordinance from which this division derives shall be devoted to landscape in
accordance with the requirements in Table 4-4; provided, however, that these
requirements shall not apply to the development, construction or reconstruction of
single-family detached residential structures.
Tab/e 4-4
Required Landscaping By Land Use Type
Land Use Percent Landscaped Area Required
Multiple-Family 15
Oftlce and Professional Uses 15
Mixed Use 15
Retail and Commercial 15
Industrial or Manufacturing 10
All Other Nonresidential Uses 10
Note: Percentages are based on the total gross lot area.
(c) Minimum Requirements. The minimum landscape requirements shall be employed
in accordance with the Tree Preservation and Landscape Design Guidelines
(Guidelines) made a part hereof, to improve aesthetic appearance, to enhance the
compatibility of different land uses, and to mitigate negative environmental influences
on land uses (e.g. heat, noise, air pollution). Trees listed in Section 4.2.3.9 (e) with a
minimum two inch (2") caliper measured twelve inches (12") from the ground shall be
provided along street frontage(s) with the total caliper inches equal to one inch (1")
for each fifteen feet (15') of frontage. Each required tree shall be planted in a
landscaped area of at least 36 square feet with a minimum dimension of six feet (6').
(d) Screening of Parking Areas. Landscaping shall be required for the screening of
parking areas from an abutting public right-of-way or adjacent property.
58
(1) Front yard parking areas and side yard parking areas fronting on a street right
of way shall be screened from the right-of-way by a continuous hedge or berm.
(2) The side yard of any lot that contains a parking area abutting a property used
or zoned for a nonresidential use shall provide a screen of hedges, berms, or
fences so as to provide a screen for a minimum of thirty-five percent (35%) of
the length of the parking lot. The required side lot screening may be grouped
and dispersed randomly.
(3) Screening between nonresidential and residential lots shall be provided in
conformance with Division 4 of this Article.
(4) The minimum number of shrubs shall be equal to the total caliper inches of
street trees required under this division multiplied by five (5). Shrubs and
berms shall be maintained at a height of no more than thirty-six inches (36")
nor less than eighteen inches (18") as measured from the surrounding soil line.
(5) A nonresidential development that has a shared parking area with an adjacent
nonresidential development shall not be required to screen such shared
parking area in relation to the abutting side yard. The alternate side yard,
however, shall be screened in accordance with Subsection (d)(2) above.
(6) Each required tree and required landscaping shall be planted in a landscaped
area of at least 36 square feet with a minimum dimension of six feet (6').
(e) Interior of Parking Areas. Interior landscaping shall be required to be integrated
into the overall design of the surface parking area in such a manner that it will assist
in defining parking slots, pedestrian paths, driveways, and internal collector lanes, in
limiting points of ingress and egress, and in separating parking pavement from street
alignments.
Figure 4-3: Landscaping Requirements
59
(1) In addition to street trees required under Subsection (c) above, trees in Class I
or II of the Guidelines with a minimum two inch (2") caliper shall be provided
within or adjacent to the parking area at tree islands that:
A. are at least nine feet (9') wide;
B. each have a square footage at least equal to the total area of one
parking space;
C. are located so that no parking space is further away than one hundred
feet (100') from a tree island.
(2) Tree islands must be protected from vehicle intrusion by curbs or similar
structures. Two feet (2') of the tree island may be counted as part of the
required depth of the abutting parking space.
(3) The total caliper inches shall equal one inch (1") for each five (5) parking
spaces.
(4) Caliper inches of street and parking lot trees may be provided by planting a
combination of trees that exceed the minimum two inch (2") caliper.
(f) Large Tracts. On large tracts of land, exceptions to this division may be granted by
the Planning Director to require a lesser amount of landscaping if the aesthetic,
buffering and environmental intent of this division is met, and it is located along
rights-of-way or in strategic environmentally sensitive areas.
(g) Landscaping On-Site and Related Location.
(1) The landscaped area required by Section 4.2.2.4 shall be placed upon that
portion of a tract or lot that is being developed.
(2) Seventy-five percent (75%) of the area required by Tab/e 4-4 shall be installed
in between the front or side property lines and the building being constructed.
Clustering the remaining required landscaping along property lines abutting a
lower intensity land use is encouraged.
(3) Undeveloped portions of a tract or lot shall not be considered landscaped.
(h) Landscaping Within Parking Areas.
(1) No parking space shall be located more than one hundred feet (100') from a
portion of the required landscaping.
(2) Each landscape island within a parking lot shall contain a minimum square
footage equivalent to one parking space of pervious area, shall be at least nine
feet (g') wide, and shall allow at least three feet (3') between any trees within
the island and the edge of the island.
(i) Tree Credits. Tree credits shall be given pursuant to Article 2, Division 3 of this
Chapter of the UDC.
Q) Landscaping Within Single-Family Developments. The following are minimum
landscaping requirements for single-family lots and developments.
(1) Tree By Lot Reouirements: Each single-family lot shall have two (2) large
shade trees placed thereon with a minimum two-inch (2") caliper, measured at
60
twelve inches (12") above the root ball, and a minimum six feet (6') in height at
the time of planting.
(2) Additional Requirements: Each single-family lot shall have at least three (3) out
of the following four (4) options:
a. Two (2) ornamental trees a minimum six feet (6') in height at the time of
planting;
b. Four (4) evergreen shrubs, equal in size to at least a five-gallon-
container-size shrub;
c. Eight (8) small shrubs, equal in size to at least atwo-gallon-container-size
shrub; and
d. Solid vegetative ground cover or lawn for the entirety of the lot that is not
otherwise covered by building(s) and/or driveway area(s).
(3) Street Tree Requirements: In addition to the requirements in (1) and (2) above,
trees are required along all streets within single-family developments as
follows:
a. Large shade trees with a minimum two-inch (2") caliper measured at
twelve inches (12") above the root ball shall be provided, with the total
caliper inches equal to at least one inch (1") for each forty feet (40') of
frontage.
b. A minimum of sixty percent (60%) of required street trees shall be
evergreen with year-round foliage.
c. At the time of planting, a minimum of eight feet (8') shall be provided
between a tree trunk and the back of any curb and between a tree trunk
and any planned or existing underground public utility lines.
d. At the time of planting, a minimum of twenty feet (20') shall be provided
between individual trees.
(k) Location Exception for Public Educational Facilities. Public Educational
Facilities shall comply with all requirements herein regarding quantity of landscaping,
but are exempt from the requirement of locating landscaping within landscape
islands in the interior of parking areas.
Approved Trees. Only trees belonging to the species listed in Section 4.2.3.9 (e) will satisfy
the tree planting requirements of this section.
61
Section 4.2.3.2 Definitions
(a) For the purpose of this division, certain words or terms applicable hereto are defined
as hereinafter provided. Words and terms used in this division, but not defined in this
division shall have the meanings ascribed thereto in Chapter 5 of this UDC, or other
ordinances in the City. Words and terms defined in two ordinances shall be read in
harmony unless there exists an irreconcilable conflict, in which case the definition
contained in this division shall control.
(1) Circumference: The distance around the perimeter of the tree trunk as
measured four and one-half feet (4.5') above the ground using an ordinary
measuring tape. For multiple-trunk trees, the trunk circumference is deemed to
be equal to the circumference of the largest trunk plus half the circumference of
each additional trunk. Measurements should be accurate to the nearest one-
half inch ('/z'). (For conversion to diameter, the circumference can be divided
by 3.142.)
(2) Criteria Manual: The manual to be used and interpreted by City personnel in
accordance with this division for the City's urban forest preservation and
enhancement. (The manual is available at the City Park and Recreation
Department and was originally adopted as Attachment A to City Ordinance No.
772, which was the Tree Protection and Preservation Ordinance. The manual
is adopted as part of this UDC by reference.)
(3) Critical Root Zone: For any given tree, the area within a circle centered on the
trunk location that contains the majority of tree roots essential for tree growth
and survival. The circle's diameter is one-half the sum of the broadest and the
narrowest of the drip line diameters.
(4) Damage or Damaged: To "damage" a tree means to take any action which
could result in a tree's death, either immediately or after a period of two (2)
years. Some examples of such action, which are not intended to limit this
definition, are as follows: severing the main trunk or large branches or roots;
girdling; poisoning; carving; mutilating; touching with live wires; piercing with
nails or spikes; crushing or exposing the roots; digging or drilling any hole
larger than three (3) cubic feet (a trench) within the Critical Root Zone; or
covering or compacting twenty-five percent (25%) or more of the Critical Root
Zone.
(5) DBH (Diameter Breast Heightl: The distance of the width of the trunk of a tree
as measured four and one-half feet (4.5') above the ground.
(6) Located: A tree is "located" within an area if any part of its trunk is within the
area at ground level. For example, a tree positioned on the property line is
considered to be located in an area or on a subject site when a portion of the
trunk or root flare that is visible above ground is within the area or subject site.
(7) Official: The City Manager or his/her designee
62
(8) Temoorarv Fencing: A six foot (6') high temporary fence shall be installed prior
to any site activity. The temporary fencing shall be placed to protect as much
of the Critical Root Zone as possible for each tree to effectively protect and
prevent persons, machinery, trash, material, and other items from occupying
the Critical Root Zones of a tree or group of Protected Trees. The temporary
fence may incorporate existing fences or walls as well as temporary fencing. A
separate fence permit is not required for construction of a fence under this
section, if a building permit for the work is in effect and a Tree Disposition Plan
has been approved.
(g) Tree: A woody plant having one well-defined stem or trunk, a defined crown
and a mature height of at least eight (8) feet. Trees protected and/or regulated
by this division of the UDC are listed in the City's Tree List, a copy of which is
available in the City Park and Recreation Department. Trees defined include:
(a) PROTECTED TREE: Any Large Tree that is identified on the Protected
Tree List (available in the City Parks and Recreation Department) and
that is located within the City;
(b) LARGE TREE: Any tree with a diameter (DBH) of twelve inches (12") or
more. In case a tree is removed, it is presumed to have been a Large
Tree if the diameter of the stump is twelve inches (12") or greater,
measured in any direction.
(c) HERITAGE TREE: Any Protected Tree with a diameter (DBH) of twenty-
four inches (24") or more located anywhere within the City. In case a tree
is removed, it is presumed to have been a Heritage Tree if the diameter of
the stump is twenty-four inches (24") or greater, measured in any
direction.
(d) REPLACEMENT TREE/QUALIFIED TREE: Any tree included in the
Protected Tree List (available in the City Parks and Recreation
Department), with a DBH of at least two inches (2").
(10) Tree Disposition Plan: Must specify how Protected Trees and Critical Root
Zones will be protected from development and pre-development activity. The
Tree Disposition Plan shall specify trees to be relocated, removed or replaced.
The tree survey and disposition plan shall be submitted with the application for
any development permit and must be approved before said permit may be
issued.
(11)Tree Survey: An on-the-ground survey containing the location of Protected
Trees, their diameters, types (species), and crown area (critical root zones).
The Tree Survey must depict for any given Subject Site: (a) every Protected
Tree located on the Subject Site, and (b) identify every Protected Tree located
elsewhere which has thirty percent (30%) or more of its Critical Root Zone in
such Subject Site. The tree survey and disposition plan shall be submitted with
63
the application for any development permit and must be approved before said
permit may be issued.
(12) Urban Forester: A resource professional, charged with the responsibility of
planning, establishing, protecting, and managing trees and associated plants,
individually, in small groups, and under forest conditions within the City, with
full authority to enforce this division of the UDC for violations of the same.
(13) Tree Trust: A capital project fund created for the purpose of purchasing,
growing, and/or maintaining trees and associated plants within the City limits.
Said fund is to be expended in conformance with a tree propagation program
drafted by the Parks and Recreation Director or his designee.
64
Section 4.2.4.1 Screening
(a) Nonresidential and Multiple-Family Screening Required (New Construction).
(1) Requirement Criteria. This section shall apply to the following:
a. Any nonresidential use that is separated by only a street or has a side or
rear contiguous to any residential use or residential zoning district other
than multiple-family.
b. Any multiple-family use that is separated by only a street or has a side or
rear contiguous to any residential use or residential zoning district other
than multiple-family.
(2)The following shall apply in either case outlined above:
a. The nonresidential or multiple-family use shall provide one of the
following:
1. an opaque screening wall a minimum of six feet (6') in height, but not to
exceed eight feet (8') in height. The screen shall be located no closer to
the street than the property line. Such screening fence shall be
maintained in good condition. Any sections of this Code concerning sight
obstructions of intersections shall be applicable to the screen where it is
intersected by a street or throughway; or
2. a vegetative screen dense enough to be completely opaque year-
round, which is at least four feet (4') tall at planting and at least eight feet
(8') tall within twelve (12) months.
b. There shall be a minimum 25-foot wide landscape buffer between
nonresidential or multiple-family and all single-family uses, except this
buffer shall be at least thirty (30) feet wide if screening is achieved above
by a vegetative screen and not an opaque screening wall.
c. In situations where a fence already exists along the property line between
the non-residential or multiple-family use and the residential use, the
screening required by this section shall be achieved by the vegetative
screen and 30' buffer described above, unless the nonresidential or
multiple-family use obtains permission from the owner(s) of the existing
fence to replace said fence with the opaque screening wall and 25' buffer
described above.
d. Prior to construction of buffers, complete plans showing type of material,
depth of beam and structural support shall be submitted to the Building
Inspection Division for analysis to determine whether or not:
1. The screen will withstand the pressures of time and nature; and
2. The screen adequately accomplishes the purpose for which it was
intended.
e. The Building Official shall determine if the buffer meets the requirements of
this section.
65
(b) Parking Area Screening Along Major and Secondary Thoroughfares.
Landscaping shall be required for the screening of parking areas along major
thoroughfares or secondary thoroughfares when nonresidential parking areas are
located on the nonresidential lot such that they are adjacent to such roadways (i.e.,
there is no building between the parking area and the lot line adjacent to the
roadway). In such case, parking areas shall be screened by a continuous hedge of
shrubs that are maintained at a height of no more than thirty-six inches (36") nor less
than eighteen inches (18") as measured from the surrounding soil line.
(c) Residential Screening Along Major and Secondary Thoroughfares (Applies to
the City & ETJ).
(1) Reouirement Criteria: Where residential subdivisions are platted so that the
rear or side yards of single-family or two-family residential lots are adjacent to
a major or secondary thoroughfare roadway as described in Chapter 3, or are
separated from such thoroughfare by an alley, or back up to such
thoroughfare, the developer shall provide, at its sole expense, a minimum six-
foot tall masonry screening wall (also see Subsection (2) below), or some
other alternative form of screening, if approved by the Planning Director,
according to the following alternatives and standards. All screening shall be
adjacent to the right-of-way or property line and fully located on the private
lot(s), including columns and decorative features. All forms of screening shall
conform to the requirements of City ordinances and policies that govern sight
distance for traffic safety.
(2) Screenino Alternatives: Screening shall be provided in accordance with, and
shall be constructed to, standards and criteria as set forth in the City's EDCM.
An alternative form of screening, in lieu of the masonry wall, may be
approved by Planning Director and the City Engineer with the Preliminary
Subdivision Plat or Preliminary Development Plat application. Alternatives
that may considered include:
a. A living/landscaped screen in conjunction with decorative metal (e.g.,
wrought iron) fence sections with masonry columns;
b. A combination of berms and living/landscaped screening;
c. A combination of berms, decorative masonry walls and living/landscaped
screening, either with or without a decorative metal or "WoodCrete" type
of fence with masonry columns; or
d. Some other creative screening alternative may be approved if it meets the
spirit and intent of this Section, if it is demonstrated to be long-lasting and
generally maintenance-free, and if the Planning Director and City
Engineer find it to be in the public interest to approve the alternative
screening device.
(3) Time Required for Ooacitv: Any required screening device shall be, or shall
achieve, at least six feet in height and at least ninety percent opacity within
three years of initial installation/planting. Any landscaping used to achieve
the purpose of required screening shall be in conformance with Division 2
and/or Division 3 of this article.
66
(4) Maintenance Easement: A wall/screening maintenance easement at least
five feet in width shall be dedicated to the City or to a property owners
association on the private lot side and adjacent to the entire length of the
screening wall or device.
(5) Installation: The screening/wall/device shall be installed prior to final
acceptance of the subdivision public improvements. All landscape materials,
if utilized, shall be installed in accordance with Division 2 and/or Division 3 of
this article. Failure to properly install all components of a required screening
wall or device within the prescribed time frame, shall constitute a violation of
this Unified Development Code, and shall authorize the City Engineer to
refuse acceptance of the subdivision public improvements.
(6) Design of Walls: All masonry, wrought iron, steel or aluminum screening wall
plans and details must be designed and sealed by a licensed professional
engineer, and must be approved by the City Engineer. Use of chain-link,
chicken-wire, hog-wire fencing, and any other material similar in appearance
and quality is expressly prohibited. The use of wood is prohibited.
(7) Height of Screening: The height of required screening devices, including
spans between columns, shall be a minimum of six feet and shall be no more
than eight feet. Decorative columns, pilasters, stone caps, sculptural
elements, and other similar features may exceed the maximum eight-foot
height by up to two feet for a total maximum height of 10 feet for these
features, provided that such taller elements comprise no more than 10% of
the total wall length in elevation view.
(8) Other Easements: Screening fences, walls and devices shall not be
constructed within any portion of a utility or drainage easement unless
specifically authorized by the City and by any other applicable utility
provider(s).
(d) General Screening.
(1) The following requirements shall be in addition to the foregoing landscaping
and planting requirements:
a. All loading spaces and docks, outside storage areas including open
storage, storage in containers and boxes not designed to be permanently
affixed to real property, refuse containers/areas, mechanical and
electrical equipment, and the rear of nonresidential uses/structures on
double frontage lots, must be screened from view from the street or public
rights-of-way and adjoining properties.
b. Approved screening techniques include masonry, evergreen vegetative
screens, landscape berms, existing vegetation or any combination
thereof. In any case in which afence/wall is constructed to provide
screening, landscaping elements shall be incorporated along a majority of
the fence/wall. Also, in the case of roof-mounted mechanical equipment,
parapet roof structures are approved for screening such equipment.
67
c. If a nonresidential use is adjacent to a residential use other than multiple-
family, such nonresidential use shall be screened in accordance with
Section 4.2.4.1(a) and shall include a vegetative buffer.
d. Roof mounted equipment in M1 and M2 districts are exempt from
screening requirements if the equipment is painted to match the roof color
and the equipment is not closer than two hundred fifty (250) feet to a
roadway listed in Section 2.4.5.1.
(2) If screening is required, it shall be of sufficient height and opacity to
completely obscure the activity, structure, or use.
68
Section 4.2.5.4 Multi-Tenant Signs
(a) Applicability.
(1) Amulti-tenant sign shall be required on any lot with more than one (1) use or
business in conformance with Section 4.2.5.4., subject to the following:
a. A use or business shall be permitted to erect an on-premise ground sign
when such use or business has at least seventy-five feet (75') of building
frontage.
b. A use or business that has an on-premise ground sign shall not be listed
on any multi-tenant sign.
(2) Amulti-user sign may be erected and maintained on any lot that is part of an
integrated business development. Said multi-user sign may not advertise any
business in the integrated business development that has an on-premise
ground sign. Any multi-user sign legally placed but that subsequently fails to
meet the definition of a multi-user sign shall be removed by the owner of the
property on which the sign is located.
(b) Standards. Multi-tenant and multi-user signs are subject to the following standards:
(1) Tvoe: All multi-tenant and multi-user signs shall be ground signs.
(2) Number Allowed: The number of multi-tenant signs on one (1) site is limited to
one (1) per six hundred (600) linear feet of street frontage unless said frontage
is on State Highway 288 or Beltway 8, in which case the limit per property or
development is one (1)multi-tenant sign per one thousand (1,000) linear feet of
street frontage. The cumulative street frontage shall be calculated for corner
lots. An integrated business development shall be allowed amulti-user sign on
any lot in that integrated business development that has at least fifty (50) linear
feet of street frontage, with a limit of only one (1) multi-user sign per street,
except that any integrated business development that has more than six
hundred (600) linear feet of street frontage on one street -one thousand
(1000) linear feet for State Highway 288 or Beltway 8 -shall be allowed two (2)
multi-user signs on that street. The following are not counted in this limitation:
a. Additional directional signs up to two (2) square feet in area each,
provided the number of these signs does not exceed the number of
driveways; and,
b. Subdivision identification signs in accordance with Section 4.2.5.3.
(3) Maximum Height: The maximum height of any multi-tenant or multi-user sign
shall not exceed fifteen feet (15'), unless the sign is located on a property or
development with frontage on State Highway 288 or Beltway 8, and said sign is
not set back more than thirty-five feet (35) from the right-of-way line of State
Highway 288 or Beltway 8, in which case the maximum height shall not exceed
twenty two (22') feet. The portion of the base of the sign within two feet (2') of
the grade of the ground shall not be included in the height calculation (refer to
Figure 4-6). For properties located below the grade of an adjacent highway an
69
additional height of up to ten feet (10') above the grade of the highway at the
sign location may be allowed by a Conditional Use Permit.
(4) Maximum Sion Area: Amulti-tenant or multi-user sign shall have a maximum
sign area according to the following:
a. Three hundred (300) square feet, when erected on property located on
State Highway 288 or Beltway 8 and said sign is not set back more than
thirty-five feet (35') from the right-of-way line of State Highway 288 or
Beltway 8; or
b. One hundred (100) square feet, plus ten (10) square feet per tenant or
business advertised on the sign, or one hundred and fifty (150) square
feet, whichever is lesser, in all other locations.
c. Each tenant or business may have a different size sign; each sign does
not have to be the same size.
d. The effective area shall be measured from the highest point on the sign to
the elevation of the center of the base of the sign by the width at the
highest point (refer to Figure 4-~. Marquee signs may be part of a
ground sign, but shall not cover more than seventy-five percent (75%) of
the effective area.
(5) Location: No multi-tenant or multi-user sign shall be closer than:
a. ten feet (10') to any property line;
b. fifteen feet (15') from any property line for properties on State Highway
288 or Beltway 8; or
c. six hundred feet (600'), or for properties located on State Highway 288 or
Beltway 8, one thousand feet (1000'), from:
1. any other multi-tenant sign located on the same street frontage of
one lot, or
2. any other multi-user sign for the same integrated business
development.
(6) Electronic Changeable Message Sign: An electronic changeable message sign
that conforms to the size and locational requirements of this section shall be
permitted with adherence with the following:
a. Each message displayed on an electronic changeable message sign
must be static or depicted for a minimum of six (6) seconds. The
scrolling of messages is permitted, but must also conform to the minimum
of six (6) second display.
b. The flashing display (i.e., changeable message) portion shall not exceed
twenty five (25) percent of the total allowable effective sign area.
c. The flashing display (i.e., changeable message) portion shall be limited to
one (1) color, and shall be limited to white, gold, yellow, red, blue, or
green. The Planning Director shall determine whether proposed colors
conform to these colors.
b. The addition of any flashing display (i.e., changeable message) to any
nonconforming sign is prohibited.
70
Section 5.1.1.1 General Definitions
(a) General Definitions. The following definitions are intended to provide descriptions for
words and terms used within this UDC. Absent any conflict, words and terms used in this UDC
shall have the meanings ascribed thereto in this Chapter 5. When words and terms are defined
herein, and are also defined in other ordinance(s) of the City, shall be read in harmony unless
there exists an irreconcilable conflict, in which case the definition contained in this Chapter 5
shall control. For any definition not listed in this Chapter 5 of this UDC, the definition found
within the latest edition of Webster's Dictionary shall be used.
ADULT DAY CARE CENTER: Community-based group program which is licensed by the State
of Texas and designed to meet the needs of functionally and/or cognitively impaired adults
through an individual plan of care. These structured, comprehensive programs provide a variety
of health, social, and other related support services in a protective setting during any part of a
day, but less than 24-hour care. Adult day care services are dedicated to keeping adults
needing assistance healthy, independent, and non-institutionalized. Adult day centers generally
operate programs during normal business hours five days a week. Some programs offer
services in the evenings and on weekends.
HOUSEHOLD CARE FACILITY: (Also referred to as Hospice.) A dwelling unit which provides
residence and care to persons, regardless of legal relationship, who are elderly; disabled;
orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered
temporarily homeless due to fire, natural disaster or financial setbacks, living together with not
more than two supervisory personnel as a single housekeeping unit. This definition shall be
consistent with that of "assisted living facility" in Texas Health and Safety Code Section 247.002
as it presently exists or may be amended in the future.
71
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Exhibit "B"
Ordinance No. 2000-T-8
Planning & Zoning Commission
Recommendation Letter
July 31, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Amendments to the Unified Development Code (UDC)
Honorable Mayor and City Council Members:
At their regular meeting of July 21, 2008, the Planning and Zoning Commission
considered the following:
A request by the City of Pearland, for an amendment to the Unified Development
Code (UDC), Ordinance No. 2000T.
Commission Member Capehart made a motion to recommend approval of the
amendments to the Unified Development Code (UDC), which was seconded by
Commission Member Gooden. The vote was 3 - 2. Commission Members Capehart
and Diggs voted against the motion to approve. The amendments to the UDC were
recommended for approval by the Planning and Zoning Commission.
Sincerely,
~T2Bl'BSCZ,%~. y'YC1~711C11111
Theresa Grahmann, Senior Planner, on behalf of the Planning and Zoning Commission
Page ~ of 1
_ AFFIDAVIT OF plJ Exhibit"C"
Ordinance No. 2000-T-8
The Pearl-and Reporter News -
24Q4 -South Park
Pearland, Texas 77581 -
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended. was published
in THE REPORTER NEV1/S, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for
l _ .issues, as.follows:
No, ~ Date ~'7 - Z_
20 ~
~•. No. Date
20
No. Date'
20
-_: No. Date
20
No: Date
20
CFO , ,
Subscribe and sworn to before me this ~-
day of
20~~~
,rs~ nA1,9(~NS ~;
~~~rt 9,, ii• i^E p1 j8XdS _
- ~ `S' i ~FXVn ~s ..0-03-2070 Y'y
~`?~° -~ ~,;_~~ . Laura Ann Emmons, Publisher -
Notary Public, State of Texas
Published Juty 2 and July
9, 2008
NOTICE;-0F A JOINY
PUBLIC ; NEARING OF
ITY N~ILAND
~ AND
Z ~ ''"C~MAMISSH)N
OF THE CITY OF
E6ARLAND,TEXAB
A~NDMENT TO THE
UNIFIED DEVELOP-
MF , CODE (UDC)
is hereby Qiven that
. ty 21, 2008; at 6:30
p:tn. the Cily Coundl and
Planning and Zoning
Commiasbn at the CNy of
P}aMend, in Brazoria,
Ntiftls and Fort Bend
~aineea, Texas, vdll bon-
a joint public hearing
111e Coundl Chem¢ere
O~`Jyi City Hall, located at
-±7p;10- 'Liberty Drive,
fMirland, Texas, on the
request of the Cily of
Peadand, for an amend-
mNrt to the Unified
Development Code,
Ordinance No. 2000T.
At said hearing all interest-
M paNes shall have the
'a end OppOrtunlty t0
pp~ar and be heard on
tlre'subJea.
Theresa Grehmann
Senicr Pknner
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for ~ issues, as follows:
No.
~.No.
No.
No.
No
Date _ /~ q 20 ~_
Date
Date
Date
Date
20
20
20
20
J
CFO
Subscribe and sworn to before me this
20~_
~~ day of
n ,.(1
~:°~~ ~a~n~aurajRJ~N~ mons, P
~~>. ublisher
~~, Nr~tary Pu!,i~~ a`:?;? of Texas
. o~ *~ N!y Commi~ot~~~~~ State ~of Texas
PY@Mehed Juy 2 and July
9,,TOp6
:;x
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY.000NCILAND
T~1~ PLANNING AND
2A~UN0 COMMISSION
0".THE CITY OF
pAND, TEXAS
A DMENT TO THE
U ~_ DEVELOP-
MEN~ lUDC) ~,;~
Notlce Is ~Y given that
on July 21, 2008, at 8;30
p.m.,the Cily Coundl and
Planning and Zoning
Commission of the City of
Peadand, in Brezode,
Hartis and Fort Bend
CounBes, Texas, will con-
duct a jolts publb hearlrp
la fhe` Coundl,Ch4mWre
of City Hall, located at
3519 Liberty Drive,
Peadand, Texas, on the
request of the City of
Peadand, for an amend-
ment to the UnlOed
Development Code,
Ordinance No. 2000T.
At said headng all interest-
ed par0ea shall have the
dght and opportunity to
appear and be. heard on
the subJed. -°
Theresa Grehmenn
Senior Planner
,...r. AFFIDAVIT OF PUBLICATION.
The Pearland Reporter News
2.404 South Park
• ' Pearland, Texas 77581
State of Texas
"Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / . .issues, as.follows:
No. / Date 7
. • .No. Date • 20
No. Date 20
No. Date 20
No. Date 20
CPO
•
Subscribe and sworn to before me this -21 day of
20 0 I
d�9
:7n J }I1.4 y}.
Laura Ann Emmons, Publisher
t ie-,`V.w'-lfi�-:," �� :'ice i til,rrnx"t'3a.. �.s' t,.i.:
• Notary Public,. State of Texas
`mat(-‘0,,n e_e, \i 6 anta=
s
L
Published August 27, d1 `s'r
2008 , .. 1 TEXAS, AMENDING
N ' SELECTED PROVI '
ORDINANCE N0.2000-T-8
SIONS OF THE UNIFIED '
_ AN ORDINANCE.OF THE
CITY COUNCIL OF THE DEVELOPMENT CODE
OF THE CITY;HAVING,A
CITY OF PEARLAND, SAVINGS CLAUSE, A
1 SEVERABILITY CLAUSE,
AND A REPEALER
CLAUSE; PROVID-'ING
FOR CODIFICATION,
PUBLICATION AND AN i
EFFECTIVE DATE.
PASSED and APPROVED{{
ON FIRST READING this f
the 11th day of August;
2008.
PASSED and APPROVED!
ON SECOND AND FINAL,
READING this the 25th(
day of August,2008.
—IS/
JOM REID
MAYOR - .
ATTEST:
ISI
YOUNG LORFING,
TRMC CITY SECRE-
TARY
APPROVED AS TO
FORM:
ISI
DARRIN M.COKER
CITY ATTORNEY
VOTING RECORD SEC-
ONQ AND FINAL READ-
ING
AUGUST 25,2008 1
Voting "Aye"- • ,c
Councilmembers Owens,,
Saboe, Beckman,'Kyle,
and Cole.
'Voting"No"—None. ,
Motion passed 5 to 0.
PUBLICATION DATE:
August 27,2008
EFFECTIVE DATE:
September 6,2008
PUBLISHED AS
REQUIRED BY SECTION
3.10 OF:THE.CHARTER;._
OF THE CITY OF4
PEARLAND,TEXAS