Loading...
Ord. 509- E 05-08-00ORDINANCE NO. 509-E AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND CODE OF ORDINANCES, (ORDINANCE NO. 509), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY PROVIDING A MINIMUM TWENTY FOOT (20') FRONT YARD REQUIREMENT FOR CERTAIN LOTS LOCATED ON CUL-DE-SACS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE WITHIN THE CITY INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Section 5.4, General Conditions, of Section 5, R-1, Single Family Dwelling District, of the Land Use and Urban Development Ordinance of the City of Pearland Code of Ordinances, is hereby amended to read as follows: "... 2. Yard Requirements: (a) Front yards shall be at least twenty-five (25) feet, provided that the front yard shall be at least twenty (20) feet on lots within the arc of a cul-de-sac and thumbnail lots...." Section 2. That Section 6.4, General Conditions, of Section 6, R-2, Single Family Dwelling District, of the Land Use and Urban Development Ordinance of the City of Pearland Code of Ordinances, is hereby amended to read as follows: "... 2. Yard Requirements: (a) Front yard shall be at least twenty-five (25) feet for all lots of one hundred (100) feet or more in depth and twenty (20) feet for lots of less than one hundred (100) feet in depth, provided that the front yard shall be at least twenty (20) feet on lots within the arc of a cul-de-sac and thumbnail lots...," ORDINANCE NO. 509-E Section 3. That Section 7.4, General Conditions, of Section 7, R-3, Single Family Dwelling District, of the Land Use and Urban Development Ordinance of the City of Pearland Code of Ordinances, is hereby amended to read as follows: "... 2. Yard Requirements: (a) Front yard shall be at least twenty-five (25) feet for all lots of one hundred (100) feet or more in depth and twenty (20) feet for lots of less than one hundred (100) feet in depth, provided that the front yard shall be at least twentv (20) feet on lots within the arc of a cul- de-sac and thumbnail lOts...." Section 4. Declaration of Emergency. The Council finds and determines that the need to regulate land use within the City inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. Section 5. Penalty. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be punished by a fine in any sum not exceeding Two Hundred Dollars ($200.00). Section 6. 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. 2 ORDINANCE NO. 509-E Section 7, 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 8. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 9. 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 10. 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 then become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED and APPROVED ON FIRST AND ONLY READING this the 8~h day of May, A. D., 2000. //-") TOM REID MAYOR 3 ORDINANCE NO. 509-E ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY VOTING RECORD (FIRST AND ONLY READING MAY 8~ 2000) Voting "Aye" - Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger. Voting "No" - None. Motion passes 5 to 0, PUBLICATION DATE: MAY 10, 2000 EFFECTIVE DATE: MAY 20, 2000 PUBLISHED AS REQUIRED BY SECTION 3,10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS 4 ORDINANCE NO. 509-E PASSED and APPROVED on First and Only Reading this the __ May , A.D., 2000. 8th MAYOR day of ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 4 ORDINANCE NO. 509-E AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND CODE OF ORDINANCES, (ORDINANCE NO. 509), AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, BY PROVIDING A MINIMUM TWENTY FOOT (20') FRONT YARD REQUIREMENT FOR CERTAIN LOTS LOCATED ON CUL-DE-SACS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE WITHIN THE CITY INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Section 5.4, General Conditions, of Section 5, R-l, Single Family Dwelling District, of the Land Use and Urban Development Ordinance of the City of Pearland Code of Ordinances, is hereby amended to read as follows: "... 2. Yard Requirements: (a) Front yards shall be at least twenty-five (25) feet, provided that the front yard shall be at least twenty (20) feet on lots within the arc of a cul-de-sac and thumbnail lots...." Section 2. That Section 6.4, General Conditions, of Section 6, R-2, Single Family Dwelling District, of the Land Use and Urban Development Ordinance of the City of Pearland Code of Ordinances, is hereby amended to read as follows: "... 2. Yard Requirements: (a) Front yard shall be at least twenty-five (25) feet for all lots of one hundred (100) feet or more in depth and twenty (20) feet for lots of less than one hundred (100) feet in depth, provided that the front yard shall be at least twenty (20) feet on lots within the arc of a cul-de-sac and thumbnail lots...." ORDINANCE NO. 509-E Section 3. That Section 7.4, General Conditions, of Section 7, R-3, Single Family Dwelling District, of the Land Use and Urban Development Ordinance of the City of Pearland Code of Ordinances, is hereby amended to read as follows: ... 2. Yard Requirements: (a) Front yard shall be at least twenty-five (25) feet for all lots of one hundred (100) feet or more in depth and twenty (20) feet for lots of less than one hundred (100) feet in depth, provided that the front yard shall be at least twenty ('20) feet on lots within the arc of a cul- de-sac and thumbnail lots...." Section 4. Declaration of Emergency. The Council finds and determines that the need to regulate land use within the City inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. Section 5. Penalty. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be punished by a fine in any sum not exceeding Two Hundred Dollars ($200.00). 2 ORDINANCE NO. 509-E Section 6. 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 7. 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 8. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 9. 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 10. 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 then become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. 3 AGENDA REQUEST BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS AGENDA OF: 5/8/00 DATE SUBMITTED:. --- PREPARED BY: DARRIN COKER ITEM NO. DEPARTMENT OF ORIGIN: LEGAL PRESENTOR: ALAN MUELLER SUBJECT: SET BACK REQUIREMENTS ON CUL-DE-SACS EXHIBITS: ORDINANCE NO. 509-E EXPENDITURE REQUIRED - N/A AMOUNT BUDGETED - N/A ACCOUNT NO. ADDITIONAL APPROPRIATION REQUIRED N/A ACCOUNT NO. FUNDS AVAILABLE N/A (Finance Department Approval) EXECUTIVE SUMMARY The City Council at the May 1 public hearing indicated its desire to hold a second workshop prior to adopting the proposed changes to the Land Use and Urban Development Ordinance. However, due to the fi:equent requests for variances associated with yard requirements on cul-de-sacs, it has been recommended that the City Council take action on this amendment separately. Therefore, the proposed ordinance will allow 20 foot set backs on certain lots located on cul-de-sacs. RECOMMENDED ACTION Consider Ordinance No. 509-E.