Ord. 2000-T-10 2009-02-23ORDINANCE NO. 2000-T-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF
THE UNIFIED DEVELOPMENT CODE OF THE CITY,
SPECIFICALLY REGARDING PLATTING FOR SINGLE FAMILY
LOTS WITH EXISTING STRUCTURES; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION
AND AN EFFECTIVE DATE.
WHEREAS, on the 19th day of January, 2009, 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 19th day of January, 2009, 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, with
condition, 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:
ORDINANCE NO. 2000-T-10
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.
Section 2. Savings. All rights and remedies which have accrued in
favor of the City under this Ordinance and amendments thereto shall be and are
preserved for the benefit of the City.
Section 3. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the
City's official Code of Ordinances as provided hereinabove.
Section 6. Publication and Effective Date. The City Secretary shall
cause this Ordinance, or its caption and penalty, to be published in the official
newspaper of the City of Pearland, upon passage of such Ordinance. The
Ordinance shall become effective immediately upon final passage.
Page 2 of 3
Ord No 2000T-10
ORDINANCE NO. 2000-T-10
PASSED and APPROVED ON FIRST READING this the 9th day of
February, 2009.
ATTEST:
L
Y NG I
Y S RETA
C
~.~
TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the
23rd day of February, 2009.
~oyl2 ~'~
TOM REID
MAYOR
ATTEST: `o:'
~;
-~:
G, ~ ~~._
SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
VOTING RECORD SECOND AND FINAL READING
FEBRUARY 23. 2009
Voting "Aye" - Councilmembers Owens, Saboe, Beckman
and Cole.
Voting "No" -None.
Motion passed 4 to 0, with Councilmember Kyle absent.
PUBLICATION DATE: February 25, 2009
EFFECTIVE DATE: March 6, 2009
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
Page 3 of 3
Ord No 2000T-10
Exhibit "A"
Amended Text
Ordinance No. 2000-T-10
Section 3.1.1.1 Authority, Purpose & Applicability
(a) Authority. The procedures of this Article 1 are authorized under the authority of
Texas Local Government Code, Chapter 212 (including Subchapter B) and the City's
charter. The provisions of this Article expressly extend to all areas inside the City
limits and throughout the City's extraterritorial jurisdiction.
(b) Purpose.
(1) The provisions of this Chapter are intended to implement standards and
requirements provided for herein, and shall be minimum requirements for the
platting and developing of subdivisions within the City of Pearland and its
extraterritorial jurisdiction, as authorized by State statute.
(2) The subdivision of land, as it affects a community's quality of life, is an activity
where regulation is a valid function of municipal government. Through the
application of these regulations, the interests of public and private parties are
protected by the granting of certain rights and privileges. By establishing a fair
and rational procedure for developing land, the requirements in this chapter
further the possibility that land will be developed in accordance with existing
physical, social, economic and environmental conditions.
(3) The provisions of this Chapter are intended to implement the following
objectives:
a. Promote the development and the utilization of land in a manner that
assures an attractive and high quality community environment in
accordance with the Comprehensive Plan and the Zoning Ordinance of
the City of Pearland;
b. Guide and assist property owners and applicants in the correct
procedures to be followed, and to inform them of the standards which
shall be required;
c. Protect the public interest by imposing standards for the location, design,
class and type of streets, walkways (sidewalks), alleys, utilities and
essential public services;
d. Assist orderly, efficient and coordinated development within the City's
limits and its extraterritorial jurisdiction;
e. Integrate the development of various tracts of land into the existing
community, and coordinate the future development of adjoining tracts;
f. Ensure the most efficient and beneficial provision of public facilities and
services for each tract being subdivided;
g. Provide for compatible relationships between land uses and buildings;
h. Provide for the circulation of traffic throughout the municipality;
i. Provide for pedestrian circulation that is appropriate for the various uses
of land and buildings;
j. Prevent pollution of the air, streams, bodies of water, and aquifers; assure
the adequacy of drainage facilities; safeguard both surface and
groundwater supplies, as well as natural resources and endangered or
threatened plant and animal life; and encourage the wise use and
management of natural resources throughout the municipality in order to
preserve the integrity, stability and beauty of the community and the value
of the land;
k. Preserve the natural beauty and topography of the municipality, and
ensure development that is appropriate with regard to these natural
features;
I. Establish adequate and accurate records of land subdivision;
m. Ensure that public or private facilities are available and will have sufficient
capacity to serve proposed and future developments and citizens within
the City and its extraterritorial jurisdiction;
n. Provide for adequate light, air and privacy; secure safety from fire, flood
and other danger; and prevent overcrowding of the land and undue
congestion of population;
o. Encourage the development of residential areas that meet a wide range
of income levels.
(c) Applicability.
(1) The provisions of this Chapter 3 apply to any non-exempt (see Section 3.1.1.3)
division of land, combination of separate land parcels, and/or development of
land within the corporate boundaries of the City and within its extraterritorial
jurisdiction.
(2) No permit shall be issued for any building or structure on a property until a
subdivision or a development plat has been approved and filed for record with
the following exceptions:
a. Permits for repair or remodeling of an existing structure or for site
improvements (parking areas, driveways, etc.) which involves no increase
in square footage; or
b. Demolition permits, or permits for removal of a structure from a parcel or
tract.
c. A building permit may be issued for a Public Educational Facility prior to
platting, but no certificate of occupancy shall be issued until after approval
and recordation of the final plat.
(3) Notwithstanding any UDC provision to the contrary, a permit, variance, or
special exception may be granted for an unplatted lot zoned residential and on
which exists a structure used for residential purposes, to allow the expansion of
said structure or the construction or expansion of an accessory structure
located on the same lot, upon the determination by the Planning Director that
the following conditions are met:
a. The IoYs configuration has remained unchanged since February 27, 2006;
b. The lot has frontage on a public road or a private road built to the City's
standards;
c. The total value of the work being permitted does not exceed fifty
thousand dollars ($50,000.00), as determined by the Building Official;
d. A survey of the lot prepared by a licensed surveyor for the State of Texas
is filed with the City of Pearland in hard copy and electronic form with the
following information:
1. the corners and boundaries of the lot;
2. the location of all existing structures and easements;
3. the location and width of all abutting rights-of ways; and
4. a floodplain statement for the lot;
e. Any public dedication required by the City is achieved by separate
conveyance to the City prior to the issuance of the permit; and
f. No such permit was issued for the subject lot in the three (3) years prior
to the issuance of the permit being sought.
(d) Subdivision Rules. The provisions of this Chapter 3, the standards governing water
and wastewater facilities applicable to plats in Chapter 30 of the City Code of
Ordinances, and the technical standards contained in the Engineering Design
Criteria Manual (EDCM), as adopted by the City Council and as may be amended
from time to time, constitute the subdivision rules of the City of Pearland, which apply
to applications for plat approval inside City limits and within the City's extraterritorial
jurisdiction.
Exhibit "B"
P&Z Recommendation Letter
Ordinance No. 2000-T-10
Plaarning & 7~~ng Commission
Recommendation Letter
February 3, 2009
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Amendments to Unified Development Code (T-10)
Honorable Mayor and City Council Members:
At their meeting of February 2, 2009, the Planning and Zoning Commission considered
and approved the following:
Amendments to Unified Development Code (T-10) regarding platting of single
family residential lots with existing structures.
Sincerely,
Lata Krishnarao, AICP, Planning Director
On behalf of the Planning and Zoning Commission
Page 1
AFFIDAVIT OF PUBLIC, Exhibit C
Publications
Ordinance No. 2000-T-10
The Pearland Reporfier News _ _
2404 South Park
Pearland, Texas 77581
~t~te of Texas
~razoria and Harris Counties ~ ~ "
Lloyr~ 1~orrow, hereby certify that the notice hereb a
~ THE REPORTER NEWS, a newspaper of gener I cippulnded was published
nd Galveston Counties, for / anon m Brazocia, Harris
issues, as follows:
No. / Date ~.?- 3 ~
" ~". "No. Date
No. Date
. No. Date
No. ~ Date
.,
ubscribe and sworn to before me this____ ~~
0~_
~F`*~ LAURA
,; Notary Pu~N
''~o~ ~'+ My Commission
20 O~
20 -
20
20
20 _.
~~
CFO
day of ~"~ ~-
~~~R~~mmons, Publisher
Notary Public, State of Texas
~~ c ~acn~o ~'~ ~~ ~ vl ~
PuHMahad Dacamber 31,
2008 and January 7, 2009
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY .'COUNCIL
AND THE PLANNING
AND ZONING COMMIS-
SION OF THE CITY OF
PEARLAND,TEXAS
AMENDMENTS TO UNI-
FIED DEVELOPMENT
CODE (T 10)
Notice Is hereby given
that on January 19, 2009,
at 6:30 p.m., the Clty
Council and Planning and
Zoning Commission of the
City of Pearland, in
Brazoria, Harda-and Fort
Bend CountCea, Texas,
will conduct a joint public
hearing in the Community
Center of City Hall, loc8t-
ed at 3523 Liberty Drive,
Pearland, Texas, on the
request of City of
Pearland to consider
amendments to the
Unified ` . Qevelopment
Code, Ordinance No.
2000T, regarding platting
of single family residential
lots with existing struc-
lures.
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and- be heard
on the sut~ject.
Late Krishnarao
Planning Director
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News _
24Q4 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties j '
I, Lloyd' 11~orrow, hereby certify that the notice hereb a en
y pp ded was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria H
end Galveston Counties, for / arns
.issues, as follows:
No. ~ Date ___ ~ h ~
~. ,,. .No. Date
NO' Date
No. Date
- - No. Date
20-~
20
20
20 _____
20
_-_~~~~
/~~
Subscribe and sworn to before me this
day of
?p~_
~~"t` LAURA ANN EMMON
•y'~y' Notary Public, State of s
r•o.~• My Commission Expir - 9-2010 / ~ ~
Laura Ann Emmons, Publisher
Notary Public, State of Texas
PubNahed December 31,
200!1 sad Janwry 7, 2009
NOTICE OF A JOINT
PUBLIC NEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COMMI&
SIGN OF THE CITY OF
PEARLAND,TEXAS
AMEHDMENT8 TO UNI•
FIED DEVELOPMENT
ePt~E R ~oj
Notice la herb6y given
that on January 19, 2009,
at 8,30 p.m.; tha City.
Coundl end Planning and
Zoning Commission of the
City of , Pearland, in
Brazorla, Hartle and Fort
Bend C4untiea, Texas,
will ponddct a joint public
hearing in the Community
Center of City Hall, locat-
ed at 3523 Liberty Drive,
Pearjand, Texas, on the
request of City of
Peadend to consider
amendments to the
Unified bevelopment
Code, Ordinance No.
20007, regarding platting
of angle family residentlal
Iota- with existing struc-
tures.
At said hearing, all inter-
eated partles shall have
the fight and opportunity
to appear and be heard
on the subject.
Lata Krlahnarao
Planr~ Director
AFFIDAVIT OF PUBLICATION:
The Pearland Reporter News
2404 South Park
Pearland, Texas'77581 • .
tate of Texas
razoria and Harris Counties
Lloyd' Mgrrow, hereby certify that the notice hereby appended.was published
THE.REPORTER NEWS, a newspaper of general circulation in Br..azoria Harris
id Galveston Counties, for / � '
issues, as follows:
No. _ Date 20
No. Date
20
No. Date
20
No. Date
20
No. Date
20
01
•
CFO
•.
abscribe and sworn to before me this6.
•••••••••S••.... Otis • '
• f, % sit
•x..
ota
. ,: mmi• ion •�,.,.
r Laura Ann Emmons, Publishe" •
•
Notary Public, State. of Texas
Or&i mince ao4)0 T-
Published February 25, Saboe, Becldnan .endi
2009 R Cole. l
ORDINANCE NO. 2000-, Voting"No"—None.
T-10
Motion passed 4 to 0,with
AN ORDINANCE OF t{ouncllmember Kyle
THE CITY COUNCIL OF absent.
THE CITY OF
PEARLAND, TEXAS'
PUBLICATION DATE:
AMENDING SELECTED ebruery 25,2009
PROVISIONS OF THE
UNIFIED DEVELOP- FFECTIVE DATE:
MENT CODE OF THE March 6,2009
CITY, SPECIFICALLY
REGARDING PLATTINGPUBLISHED AS
FOR SINGLE FAMILY REQUIRED BY SECTION
LOTS WITH EXISTING 3.10 OF THE CHARTER
STRUCTURES; HAVING OF THE CITY OF
A SAVINGS CLAUSE,A, pEpRLAND TEXA
SEVERABILITY S
ti�---
j CLAUSE, AND A
REPEALER CLAUSE;
PROVIDING FOR COD-
I I F I C A T I O N ,
PUBLICATION AND AN
EFFECTIVE DATE:
PASSED and
APPROVED ON FIRST
READING this the 9th day
of February 2009.
PASSED and
APPROVED ON SEC-
, OND AND FINAL READ-
ING this the 23rd day of
February,2009.s
f IS/TOM.REID
iI MAYOR
ATTEST: .
ISI:YOUNG LORFING,
TRMC
) CITY SECRETARY
APPROVED AS TO
FORM:
ISI DARRIN M,COKER
CITY ATTORNEY
NOTING RECORD SEC-
FOND AND FINAL READ-
1140.
FEBRUARY 23.2009
Voting "Aye"
Councilmembers Owens,, •