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Ord. 0835 06-08-98ORDINANCE NO. 835 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING A NEW CHAPTER 7 1 /2, ENTITLED "CORRIDOR OVERLAY DISTRICT", OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, CREATING A "CORRIDOR OVERLAY DISTRICT" REGULATING THE USE OF LAND AND BUILDINGS WITHIN THREE HUNDRED FEET (300') ON EITHER SIDE OF THE STREET RIGHT-OF-WAY ALONG PEARLAND PARKWAY AND OILER DRIVE; CONTAINING DEFINITIONS; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City of Pearland, a home -rule municipality, is authorized by Charter to adopt and implement necessary and reasonable ordinances in the best interests of its citizenry; and WHEREAS, the City of Pearland may, in accordance with its inherent police powers take necessary actions to control the use of land and buildings and its suitability for particular purposes; and WHEREAS, the City Council desires to create a "corridor overlay district" allowing greater control over the aesthetic, functional, and safety characteristics of development along newly constructed major thoroughfares within the City; and WHEREAS, the City Council desires to implement higher development standards that can effectively enhance the City's image as a desirable. place to live, work, and shop; and WHEREAS, the City of Pearland Planning and Zoning Commission has submitted its final report to the City Council and City Council has given due notice of a public hearing relating to the creation of an overlay district, and has held such public hearing; now, therefore, 1 ORDINANCE NO. 835 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Chapter 7 1 /2, "Corridor Overlay District", of the Code of Ordinances of the City of Pearland, Texas, which is set forth in Exhibit "A" attached hereto and incorporated herein for all purposes, is hereby authorized and implemented. Section 2. Penalty. Any person, firm or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith or who shall violate or fail to comply with any order or regulations made thereunder, or who shall violate any plans submitted and approved hereunder, or any certificate or permit issued hereunder, shall, for each and every violation and noncompliance respectively be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and each and every day that such violation or noncompliance shall exist shall be deemed a separate offense. If any person, firm or corporation violates any of the provisions of this Ordinance or fails to comply herewith, the City of Pearland, in addition to imposing the criminal penalties provided herein, may additionally institute any appropriate civil or criminal actions or proceedings allowed by law to prevent, restrain, correct, or abate any illegal act, conduct, business, or use in or about any land within its jurisdiction. Section 3. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 4. Abrogation and Greater Restrictions. This Ordinance is not intended to repeal, abrogate, or impair any existing ordinances, easements, covenants, or agreements. However, where this Ordinance and another ordinance, easement, 2 ORDINANCE NO. 835 covenant, or agreement conflicts or overlaps, the more stringent restrictions shall apply. Section 5. 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 6. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. Section 7. 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 8. Publication/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 Reading on this 11th day of May, A.D., 1998. TOM REID MAYOR 3 ORDINANCE NO. 835 ATTEST: NG LO N SEC ARY PASSED and APPROVED on Second and Final Reading this 8th day of June, A.D., 1998. ATTEST: NG LOr`I Y SEC ARY APPROVED AS TO FORM: 2240L. /kat . DARRIN M. COKER INTERIM CITY ATTORNEY TOM REID MAYOR VOTING RECORD (FINAL READING JUNE 8, 1998) Voting "Aye" - Councilmembers Seeger, Berger, Wilkins, Tetens, and Beckman. Voting "No" - None. Motion passes 5 to 0. PUBLICATION DATE: JUNE 10, 1998 EFFECTIVE DATE: JUNE 20, 1998 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS 4 Exhibit "A" CHAPTER 7 1 /2 CITY OF PEARLAND CODE OF ORDINANCES CO - Corridor Overlay District General Purpose and Description The intent of this district is to 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. This district 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 Corridor Overlay District 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 Corridor Overlay District will continue to prevail. District Boundaries The corridor overlay standards apply to the future development and use of all land within the depth of the lot up to a maximum of 300 feet on either side of the street right-of-way along the following specified major thoroughfares: 1. Pearland Parkway 2. Oiler Drive Lot and Setback Standards A. The minimum front yard building setback adjacent to a specified major thoroughfare is 20 feet. B. All off-street parking, maneuvering and loading areas shall be set back at least 30 feet from any street right-of-way line. C. All opaque screening walls and fences shall be set back at least 30 feet from the right-of-way line of a specified major thoroughfare. 1 D. All open storage areas, where permitted by the underlying zoning district, shall be set back at least 30 feet from the right-of-way line of a specified major thoroughfare. E. 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 50 feet of the high bank, whichever is greater, of a creek or other drainageway proposed as a linear park in the City's Park Master Plan. Permitted exceptions include drainage -related structures and pavement, paved pedestrian or bike trails, picnic tables, and paved surfaces beneath picnic tables. F. No building, parking area, or other visual obstruction shall be located in any required visibility triangle. Building Facade Standards (Supplements Section 20.6 Building Facades) A. Requirements are applicable to all structures except single-family detached dwellings. Facade design plan of entire project shall be submitted with site plan review documents. B. Building articulation, which is the expression or outlining of parts of the building by its architectural design, shall be provided in order to: 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. 3. Incorporate details that create shade and cast shadows to provide visual relief. C. Building Materials: 1. A minimum 75% of any exterior wall visible from the specified major thoroughfare shall be covered by masonry (including, but not limited to brick, textured concrete, concrete block, stone, and stucco) and glass. 2. Corrugated metal and exposed fasteners are prohibited. Architectural metals are prohibited except for miscellaneous trimwork. 2 3. A minimum 25% of an exterior wall facing the specified major thoroughfare shall be transparent in order to promote personal safety by permitting visibility between building occupants and outdoor pedestrians and drivers. 4. 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 similar architectural design, color, and materials. D. Building colors shall be provided in accordance with an approved color palette prepared by the Architectural Design Committee (to be made available through the City's Planning Office) consisting of the Chief Building Inspector, the Planning and Development Director, and the City Manager. Access and Off -Street Parking Standards A. The maximum number of driveways permitted for each lot, along the specified major thoroughfare, shall not exceed the following limits: 1. Two access points for lot frontages of 400 feet or less 2. Three access points for lot frontages of 401-600 feet 3. Four access points for lot frontages greater than 600 feet B. The minimum distance between driveways and street corners is determined by the functional classification of the street and shall not be less than the following distances as measured from the extended right-of-way line of the intersecting street to the nearest extended curb line of the intersecting driveway: 1. 100 feet along major thoroughfares 2. 60 feet along collector streets 3. 30 feet along local streets C. Driveways to service and loading areas must provide on -site maneuvering space so that vehicles are not required to back into or out of public streets. D. Service and loading areas must provide sufficient space so that service and delivery vehicles do not block public streets while loading or unloading. 3 E. Parking areas located between the building and the right-of-way line of a specified major thoroughfare may not extend more than 90% (as measured at its maximum width) of the specified major thoroughfare street frontage. Parking to the side and rear of buildings is encouraged and preferred. F. Bicycle parking, at a ratio of no less than five percent (5%) of the required vehicular parking, shall be conveniently provided for all uses allowed in the following zoning districts: Office and Professional, Neighborhood Service, General Business, and Commercial. Required bicycle parking shall include a means to secure individual bicycles. Landscaping Standards (Augments Section 20.3 Minimum Landscape Requirements.) A. At least ten percent (10%) of the lot shall be landscaped open areas with a permeable surface with a coefficient of runoff equal to or less than 0.35. B. Trees are required along the specified major thoroughfare as follows: 1. Large shade trees with a minimum three inch (3") caliper measured twelve inches (12") above the root ball shall be provided with the total caliper inches equal to one inch (1") for each ten feet (10') of frontage. 2. Ornamental trees with a minimum two inch (2") caliper measured 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. 3. At least 60% of required street trees shall be evergreen with year-round foliage. 4. At time of planting, a minimum eight feet (8') shall be provided between a tree trunk and back of curb and between a tree trunk and any planned or existing underground public utility lines. 5. At time of planting, a minimum six feet (6') shall be provided between individual trees. C. Required interior site landscaping: 1. Space for vehicle overhangs shall be provided in order to avoid damaging planted trees and shrubs. 2. No parking space shall be greater than 50' from a tree. D. A mechanical irrigation system is required within the front yard building and parking setbacks. 4 Lighting Standards A. Vehicular circulation and parking areas: 1. High pressure sodium fixtures shall be used with no direct glare onto adjacent properties or public streets. 2. Minimum light level within the parking area is 0.5 foot candles when the attendant facility is in use. 3. Standards, poles, and fixtures shall be a single color, uniform in design throughout the site and no taller than ten feet (10') above the building being served. 4. Creosote treated wooden poles are prohibited. B. Walkway lighting comprised of standard, pole, bollard and wall -mounted fixtures shall be no greater than twelve feet (12') above grade. C. Accent lighting: 1. Uplighting shall be concealed or positioned to screen the light source from adjacent property. 2. Floodlighting or spotlighting of architecture, graphics, or natural features shall not create spillage of light onto adjacent property or public streets. Screening Standards A. The following site elements shall be screened form view from a public street: 1. All mechanical and utility equipment Screens shall incorporate shrubbery having year-round foliage, and/or a decorative wall, fence, or architectural element of the building that is a maximum 75% opaque. Roof -mounted equipment may be screened with materials that are 100% opaque. 2. Vehicle loading and unloading area Screens shall incorporate shrubbery having year-round foliage and\or a fence, wall, or architectural element of the building that has a minimum six foot (6') height and is a maximum 75% opaque. 5 3. Refuse, refuse containers, and recycling containers Screens shall consist of a solid fence, wall, or architectural element of the building with a minimum six foot (6') height. All fences and walls visible from a public street shall be: 1. Constructed of masonry or other materials approved by the City Manager or his designee. 2. Consistent in color and design with the building architecture. 3. Uniform in style and materials along the entire length of the screen within a single development. C. No fence or wall visible from a public street shall be: 1. Greater than eight feet (8') in height. 2. Located within any required visibility triangle. 3. Constructed with any of the following materials: surface painted or coated concrete, chain Zink, concertina wire, barbed wire, corrugated metal, or fiberglass panels. (Exception: barbed wire may be used solely to control livestock.) Buffering Standards: A. The following site elements shall be visually buffered from view from a public street: 1. Outdoor parking areas located within 100 feet of any public street right-of-way 2. Fuel pumps located between the street building 3. A vehicle drive -up window facing the street B. Required buffering with a maximum three foot (3') height shall be provided by way of one or more of the following: 1. Freestanding masonry wall 6 2. Landscaped earth berm with a maximum 4:1 slope Retaining walls may be used to facilitate berming if unseen from the street. 3. Shrubbery having year-round foliage Sidewalk Standards: A. The required sidewalk located along the specified major thoroughfare 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. B. A ten foot (10') wide public use easement shall be provided for the required sidewalk when placed outside of street right-of-way. C. The required sidewalk shall have a curved alignment for at least 80% of the major thoroughfare street frontage. D. Construction criteria for the required sidewalk: 1. Minimum six feet (6') wide 2. Minimum 50 foot centerline radius and maximum 20 foot tangent 3. Minimum six feet (6') separation between back of street curb and edge of sidewalk (Exceptions: (a) street intersections, (b) bridge approaches.) E. A minimum six foot (6') wide pedestrian walkway shall connect the sidewalk to the building entry. The walkway shall be accessible, readily visible, and paved. Sign Standards (Supplements Section 22 - Signs) A. Ground signs are permitted; freestanding and pole -type business identification signs are prohibited. B. Ground signs shall have a maximum eight foot (8') height and minimum spacing of 75 feet from another ground sign. C. One ground sign is permitted for each street frontage. D. Iridescent, fluorescent, and "dayglo" colors are prohibited. 7 E. In the case of a shopping center or integrated business development, no additional ground sign shall be allowed for any individual tenant or occupant. F. Ground sign lighting: 1. Internally illuminated, ground lit, or halo -lit letter are permitted. 2. An internally illuminated sign shall have an opaque background with translucent letters. 3. Ground lighting shall be concealed below grade or screened from view. 4. All ballasts, transformers, and conduits shall be concealed. G. Signs on buildings with multiple tenants shall be uniform in size, color, materials and location as specified herein: 1. Tenant signs shall be integrated into a single facade -mounted graphic band, or placed in a graphic band on awnings. 2. A graphic band shall have a maximum height of three feet (3'), but may be taller for an individual tenant with more than 10,000 square feet. 3. Each message shall be centered around a common horizontal line with no more than two (2) lines of copy. 4. Typography may vary. 5. Light sources for externally lit signs shall be concealed. 6. All ballasts, transformers, and conduits shall be concealed. H. Back -lit canopy signs attached to buildings are prohibited. Window signs providing general information or advertising sales are permitted with a total square footage no greater than 25% of the total window area visible from the specified major thoroughfare. Window signs advertising sales shall not remain posted for longer than 90 days. Signs painted on glass surfaced are prohibited. Utilities A. All electric, telephone, and cable TV wires from the property line to all structures being served on the site shall be located underground. 8 B. A ten foot (10') wide water and sewer easement shall be provided along street rights -of -way. C. A sixteen foot (16') wide utility easement along the rear lot line or other approved on -site utility corridor shall be provided to accommodate underground utility distribution lines including but not limited to electric, phone, and cable television. Penalty Any person, firm or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith or who shall violate or fail to comply with any order or regulations made thereunder, or who shall violate any plans submitted and approved hereunder, or any certificate or permit issued hereunder, shall, for each and every violation and noncompliance respectively be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and each and every day that such violation or noncompliance shall exist shall be deemed a separate offense. If any person, firm or corporation violates any of the provisions of this Ordinance or fails to comply herewith, the City of Pearland, in addition to imposing the criminal penalties provided herein, may additionally institute any appropriate civil or criminal actions or proceedings allowed by law to prevent, restrain, correct, or abate any illegal act, conduct, business, or use in or about any land within its jurisdiction. 9 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for / issues, as follows: No. ( Date b _ /b 19�'i No. Date 19 No. Date 19 No. Date 19 No. Date 19 Subscribe and sworn to before me this / day of)L4 194)< j f Texas Laura ' �'g'N"s? '.fisher LEGALS ORDINANCE OF THE ITY COUNCIJ. OF THE ITY OF PEARLAND, TEXAS, CREATING A NEW HAPTER 71/2, ENTITLED CORRIDOR OVERLAY DIS- �RICT', OF THE CODE OF bRDINANCES OF THE CITY OF PEARLAND, TEXAS, REATINGA'CORRIDOR . OVERLY DISTRICT' REG- Creek In the City of Pearland, Texas (Bid No. B98-004) Construction plans, specifica- tins and bid documents may be obtained, after June 15, 1998 from Snowden Engineering, Inc., 6059 West Broadway, Pearland, Texas 77581, (281) 485-2028, upon payment of a $100.00 charge. This charge is non-refund- able. Contract and Bid Documents will be mailed for an added charge of $30.00. A bid bond, cashiers check or certified check, payable to the City of Pearland in an amount not less than five percent (5%) of the maximum bid price submitted must accom- pany each bid as a guarantee ' that if awarded the contract, the bidder will, within 15 cal- endar days of award of con- tract enter into a contract and execute bonds on the forms provided in the contract docu- ments. The bidder's deposit • shall be forfeited and become the property of the owner; in the event the bidder neglects or refuses, to enter into a con- tract and to fumish bonds acceptable to the Owner with- in 15 calendar days after receipt of Notice of Award from the Owner. The bid deposit of all except the three lowest Bidders will be returned within seven (7) cal- endar days after the opening of the bids. File copies of the contract, TECHNICAL SPECIFICA- TIONS and PLANS are on file at the following locations: Snowden Engineering, Inc. 6059 West Broadway Pearland, Texas 77581 A.G.C. of America 2404 Crawford Houston, Texas 77004 - Dodge Reports 3131 Eastside, #300 Houston, Texas 77098 The Owner reserves the right tv waive any informalities or Minor defects _andto reject., air.or all bids. In case of lack of clarity or ambiguity in pries, the Owner reserves" the3ight to accept the most "` advantageous or reject the bid The successful bidder will be required to provide a perfor- mance/maintenance bond and payment bond in the full amount of contract. Gordon Island Purchasing Officer ~ ;