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Ord. 2000-T-14 2013-01-14 ORDINANCE NO. 2000-T-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SELECTED PROVISIONS OF THE 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 19th day of November, 2012 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 November, 2012, 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: 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-14 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict.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-14 ORDINANCE NO. 2000-1-14 PASSED and APPROVED ON FIRST READING this the 10th day of December, 2012. TOM REID MAYOR ATTEST: � ==ttftit N3KKn 4 /A malt p y.;; • UNG AAR N , /MC .o.• Y S= RETARY ``' " PASSED and APPROVED ON SECOND AND FINAL READING this the 14th day of January, 2013. c=: .)ch-n) TOM REID MAYOR ATTEST: /d/�!_ VOTING RECORD SECOND AND FINAL READING UN� car I N�'TR Ij January 14,2012 CO• TY CRETA-Y Voting"Aye"-Councilmembers Owens,Sherrouse, Sherman,Ordeneaux and Hill. $;a; • ;- ,= Voting"No"-None. t r,o► p Motion passes 5 to 0, PUBLICATION DATE: January 23,2013 EFFECTIVE DATE: January 14,2013 35,5,,,,,,_,•. PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND,TEXAS Motion passes 5 to 0, PUBLICATION DATE: January 23,2013 EFFECTIVE DATE: January 14,2013 APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Page 3 of 3 Ord. No 2000T-14 r Y. Ordinance No. 2000T -14 Exhibit "A" Amended Language: 1.1.2.2 (a) Responsible Official. The Director of Planning, or equivalent, as assigned by the City Manager, is the responsible official for the following types of development applications and relief petitions: 2.4.2.5 (2) (b), 2.4.2.6 (2) (b), 2.4.2.7 (2) (b). (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. For lots platted prior to February 27, 2006 side setbacks may be decreased to 5' with a minimum separation of 15' between homes. 3. 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. 2.5.2.1 (a) Description: The rental or sale of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work or intensive cleaning operations are performed. 2.5.2.1 (a) Description: A subordinate building to a building used for residential purposes that does not exceed the height of the main building and does not exceed thirty percent (30%) of the floor area of the main building, and that is used for purposes accessory and incidental to the main nonresidential use (also see Accessory Use). 3.1.1.6 (f) (f) Relief from Development Requirements. An applicant may file for a Variance from the Planning and Zoning Commission for relief of certain development requirements such as lot width, lot depth. Or lot area requirements. 4.2.1.3 (b) (b) Truck or Bus Parking Areas. Parking spaces used for the parking of trucks or buses shall not be counted toward meeting the requirements unless otherwise approved by the Planning Director. 5.1.1.1 (456) (457) YARD, REQUIRED an area being equal to the required setback areas (front, side, and rear)for a given zoning district. 2.6.2.1 (c) (1) , 5.1.1.1 (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, split face block, and stucco. (2) May 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 and EIFS (exterior insulation and finish systems) may be utilized for window and door trim, fascia, or soffit. 4.1.3.2 (b) (3) (3) Parking Spaces Increase: An increase in the number of parking spaces equal to or more than twenty percent(20%). Parking may only be increased by less than 20% once in a two year span without having to come into full compliance. In this case, facade material requirements shall not be required 2.4.5.1 (d) (1) 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') (not cumulatively) in vertical or horizontal length. Properties zoned M-1 or M-2 shall incorporate architectural variation of at least one feet (1') in depth for every twenty-five feet(25'). 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') (not cumulatively) in vertical or horizontal length. 2.5.2.1 (a) Description: Any premises for the storage and/or parking of motor-driven buses or passenger cars and the loading and unloading of passengers. 2.4.4.5 (e) (2) (e) Outdoor Activities or Uses. In connection with any permitted use, there shall be allowed the incidental display of merchandise out of doors subject to the following limitations: (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 (e.g., Hanukkah, Presidents' Day, Easter, etc.) shall be permitted for a period of forty-five (45) days prior to the day of the holiday celebration. The sale of goods in relation to special, local, or store events (e.g., spring sale, Party on the Grand, civic club event, etc.) shall also be permitted, but shall be limited to one (4) 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. 3.1.3.5 (a), 3.1.5.6 (a), 3.1.6.6 (a), Section 3.1.3.5 Expiration and Extension (a) The approval of a Preliminary Subdivision Plat application shall remain in effect for a period of two (2) years from the date of final approval. If a Final Subdivision Plat application has not been approved within the two (2)-year period, the Preliminary Subdivision Plat application, unless extended in accordance with Article 2, Division 5 of Chapter 1, shall expire and the plat shall be null and void. Section 3.1.5.6 Expiration and Extension (b) The approval of a Final Subdivision Plat application shall remain in effect for a period of two (2) years from the date of final approval If the Final Subdivision Plat has not been recorded within the two-year (2-year) period, the Final Subdivision Plat approval, unless extended in accordance with Article 2, Division 5 of Chapter 1, shall expire and the applicable plat shall be deemed null and void. Section 3.1.6.6 Expiration (c) (a) The approval of a Minor Subdivision Plat application shall remain in effect for a period of two (2) years from the date of final approval. If the Minor Subdivision Plat has not been recorded within the two (2)-year period, the Minor Subdivision Plat approval shall expire and the plat shall be deemed null and void. 2.4.3.4 (c) (10) (a), 10. Outdoor Activities or Uses. No outdoor commercial activities or uses shall be permitted in any OTS District without a temporary permit issued by the City's Building Official pursuant to the City Building Code, unless expressly authorized herein. a. Outdoor display and outdoor seating within public right-of-way in all districts within the Old Townsite may be permitted by a CUP. Outdoor seating located fully on private property is permitted by right. b. 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 that is greater than twenty feet (20') in width. 2.5.2.1(a) Description: A complex where multiple businesses are located, characterized by shared common elements such as parking, sidewalks, and street access. Parking: One space per 200 square feet of gross floor area for shopping centers under 25,000 square feet and one space per 250 square feet of gross floor area for shopping centers that are 25,000 square feet or larger. 2.5.2.1 (a) Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts VI �, SPD u, ., q = 3 d t7 D a d ce ce cc ce ce rmc rc r f 2 v O f O ~O O 2 ct O m ro o l7 2 2 Funeral P C C C P C Home/Mortuary Description: A place for the storage of human bodies prior to their burial or cremation,which may also be used for the (Including preparation or cremation of the deceased for burial and the display of the deceased and ceremonies connected therewith Crematorium) before burial or cremation Parking: If funeral services are conducted,one space for each 4 fixed seats or one space for each 100 square feet of non- fixed seating area in the gathering room.whichever is greater.If operated otherwise,one space for each employee on the largest shift Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts SPD m p u+ 111 � ., r, m y = _ f D tt 2 a d ao m cr o cc 2 f n Z F p ,5 O f 00 z t7 f in in Cemetery _ (Including C P P P Mausoleum) Description:A cemetery is a place in which those that pass are buried or laid to rest Parking: 1 parking space for each SO square feet of floor space in slumber room parlors or individual funeral service rooms_ Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts IS r.r SPD w ] m p ti .-� c i m Y t = 2 d a; C7 7 a 2 IS u r, (/) $ o 0- 2 2 Nvv O S 2 cr O f 2 i N Resale/ _ _P C C C C P C C C C C P P C - Consignment Shop Description:A store that accepts used goods for the purpose of reselling said goods to the general public in exchange for retaininga portion of the sales price. Parking:One space for each 200 square feet of gross floor area. 3.2.6.4 (v) (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 feet (200') between them within or abutting the subdivision Ordinance No. 2000T -14 •A Exhibit "B" \) T E X A S. ,. /(W(,1 Plannin g Zoning& Commission Recommendation Letter November 20, 2012 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on T-14 Amendments Honorable Mayor and City Council Members: At their meeting on November 19, 2012, the Planning and Zoning Commission considered the following: Amendment T-14 to the Unified Development Code (UDC). After staff presentation Vice Chairperson Linda Cowles made a motion to approve the T-14 Amendments. The motion was seconded by Commissioner Mary Starr. The vote was 5-0 and the motion passed. Sincerely, Ian Clowes Planner II On behalf of the Planning and Zoning Commission Proposed Areas of Amendments and Amended Language: Terminology/Clarification Changes 1. Planning Director terminology changed to account for City Planner, due to organizational changes. Section proposed to be clarified: 1.1.2.2 (a) (Page 1-7) Need to account for City Planner. Proposed new language, should potentially now read Responsible Official The Director of Planning, or equivalent, as assigned by the City Manager, is the... Section 1.1.2.2 Director of Planning (a) Responsible Official. The Director of Planning, or equivalent, as assigned by the City Manager, is the responsible official for the following types of development applications and relief petitions: 2. Residential lots platted and recorded prior to February 27, 2006 are able to use the setbacks from the Urban Land Use and Development Ordinance, as the side setbacks are the only thing that changed when the Unified Development Code was adopted which pertained to residential setbacks. This will help to address non-conformity issues when existing residential homes are expanded. Sections proposed to be clarified: 2.4.2.5 (2) (b), 2.4.2.6 (2) (b), 2.4.2.7 (2) (b), should add a new number 2 which states that the side setback for lots recorded prior to 2007 have a minimum of 5' side and a total side setback area of 15'. (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. For lots platted prior to February 27, 2006 side setbacks may be decreased to 5'with a minimum separation of 15'between homes. 3. 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. 3. The description in the land use classification Trucks (Heavy) and Bus Rental and Sales should include sales as well as rentals — this was inadvertently left out of the existing description. Section proposed to be clarified: 2.5.2.1 (a) (Page 2-134) to add sales to the language in the definition in addition to rental. Description: The rental or sale of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work or intensive cleaning operations are performed. 4. The description in the land use classification of Accessory Structure (Residential) refers to a nonresidential use, as opposed to residential, which is a typographical error. Section proposed to be clarified: 2.5.2.1 (a) (Page 2-116) to correct the typographical error by changing the nonresidential reference to a residential reference. Description:A subordinate building to a building used for presidential purposes that does not exceed the height of the main building and does not exceed thirty percent(30%)of the floor area of the main building,and that is used for purposes accessory and incidental to the main nonresidential use(also see Accessory Use). 5. For plat approvals that may not fully meet one or more of the Subdivision regulations in Chapter 3 of the UDC, to allow for a P&Z Variance under the Relief Procedures section of chapter 3. This is already current practice. Section to be changed: 3.1.1.6 (f) (Page 3-11). Add an additional section stating that an applicant may file for a variance to subdivision regulations. Such variance will be acted on by the Planning and Zoning Commission. (f) Relief from Development Requirements. An applicant may file for a Variance from the Planning and Zoning Commission for relief of certain development requirements such as lot width, lot depth. Or lot area requirements. 6. Currently, certain uses such as bus barns or warehouses which require significant truck parking for the operations for the business have to also provide the required passenger car parking for employees. This may result in excessive parking spaces in certain situations. Section proposed to be changed: 4.2.1.3 (b) (Page 4-21) potentially adding language to the effect of"Minimum number of spaces for the use is required, unless otherwise approved by the Planning Director", based on the particular location or situation. (b) Truck or Bus Parking Areas. Parking spaces used for the parking of trucks or buses shall not be counted toward meeting the requirements of this section unless otherwise approved by the Planning Director. 7. Clarify the difference between Yard and Required Yard. Section to be changed: 5.1.1,1 (456) (Page 5-41) Add a definition for YARD, REQUIRED which is defined as being equal to the required setback areas (front, side, and rear) for a given zoning district. (457) YARD, REQUIRED an area being equal to the required setback areas (front, side, and rear) for a given zoning district. Discussion Items 8. Request from Meg Belmontes, of the Brick Industry Association, to reduce or eliminate EIFS as an allowed façade material where masonry is required. This could also involve deleting EIFS as a masonry material. Section proposed to be changed: 2.6.2.1 (c) (1) (Page 2-218) removing or limiting EIFS as a masonry material, AND 5.1.1.1 (Page 5-25) removing or limiting EIFS as masonry. (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, and stucco. and /FS tc, (2) May 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 and EIFS (exterior insulation and finish systems)-may be utilized for window and door trim, fascia, or soffit. 9. Currently, a non-conforming site may increase parking up to 20% of their total existing parking without triggering site improvements. This could be done repeatedly without triggering the property being brought up to code. Section proposed to be changed: 4.1.3.2 (b) (3) (Page 4-15) setting a time frame between editions. Possibly 5 years. (3) Parking Spaces Increase: An increase in the number of parking spaces equal to or more than twenty percent (20%). Parking may only be increased by less than 20% once in a two year span without having to come into full compliance. In this case, facade material requirements shall not be required 10.The current UDC regulation for structures over 50,000 square feet may result in a large amount of articulation for structures over 50,000 square feet, such as a warehouse. This may be excessive in industrial zoning districts. Section proposed to be changed: 2.4.5.1 (d) (1) (Page 2-97) potentially change regulations for buildings over 50,000 sq ft in M1 and M2, 1'120'. 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') (not cumulatively) in vertical or horizontal length. Properties zoned M-1 or M-2 shall incorporate architectural variation of at least one feet (1) in depth for every twenty-five feet(25). 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') (not cumulatively) in vertical or horizontal length. 11.To broaden the scope of our current definition of Commercial Transit Station, to be used as a metro transit station, for example, cars and buses should be added to the definition. Section proposed to be changed: 2.5.2.1 (a) (Page 2-132), Commercial Transit Terminal Description, add language to include passenger cars. Description: Any premises for the storage and/or parking of motor-driven buses or passenger cars and the loading and unloading of passengers. 12.To allow for more than one temporary outdoor sales event per year in the General Business (GB) zoning district. Section proposed to be changed: 2.4.4.5 (e) (2) to consider increasing to more than one calendar event per year. Possibly 4 events per calendar year. (e) Outdoor Activities or Uses. In connection with any permitted use, there shall be allowed the incidental display of merchandise out of doors subject to the following limitations: (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 events (e.g., Hanukkah, Presidents' Day, Easter, etc.) shall be permitted for a period of forty-five (45) days prior to the day of the holiday celebration. The sale of goods in relation to special, local, or store events (e.g., spring sale, Party on the Grand, civic club event, etc.) shall also be permitted, but shall be limited to one (4) (4) 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. 13. To allow plat approval to remain in effect (prior to recordation) for a two year period from the approval date rather than the submission date. Preliminary plats, Development plats, Final plats, Minor plats. Section(s) proposed to be changed: 3.1.3.5 (a), 3.1.5.6 (a), 3.1.6.6 (a), to change approval wording from date of plat submission to date of plat approval. Section 3.1.3.5 Expiration and Extension (a) The approval of a Preliminary Subdivision Plat application shall remain in effect for a period of two (2) years from the date . _ _ - - . .. ' . _ _ • '. . : -• -.- • - _ -- _ - - .•- _ -- • - -- . _-- - • . of final approval. If a Final Subdivision Plat application has not been approved within the two (2)-year period, the Preliminary Subdivision Plat application, unless extended in accordance with Article 2, Division 5 of Chapter 1, shall expire and the plat shall be null and void. Section 3.1.5.6 Expiration and Extension (b) The approval of a Final Subdivision Plat application shall remain in effect for a period of two (2) years from the date . - _ - - --- • - - - : • .- -- - •- - -- • _. . _ - . . -- . - of final approval If the Final Subdivision Plat has not been recorded within the two-year (2-year) period, the Final Subdivision Plat approval, unless extended in accordance with Article 2, Division 5 of Chapter 1, shall expire and the applicable plat shall be deemed null and void. Section 3.1.6.6 Expiration (c) (a) The approval of a Minor Subdivision Plat application shall remain in effect for a period of two (2) years from the date - - - - - - -- ' - - - ' • _ . .. _ _ _ -- _ . of final approval. If the Minor Subdivision Plat has not been recorded within the two (2)-year period, the Minor Subdivision Plat approval shall expire and the plat shall be deemed null and void. 14.The intent of the Old Townsite is to encourage outdoor activities. Therefore, the CUP was intended to only be required if outdoor seating was to be in the City right-of-way. If located on private property, this was intended to be allowed by- right. Section proposed to be changed: 2.4.3.4 (c) (10) (a), to add wording stating a CUP is only required for outdoor seating if the proposed seating is to be located in City right-of-way. 10. Outdoor Activities or Uses. No outdoor commercial activities or uses shall be permitted in any OTS District without a temporary permit issued by the City's Building Official pursuant to the City Building Code, unless expressly authorized herein. a. Outdoor display and outdoor seating within public right-of-way in all districts within the Old Townsite may be permitted by a CUP. Outdoor seating located fully on private property is permitted by right. b. 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 that is greater than twenty feet (20') in width. 15.To allow for different parking regulations for shopping centers/strip malls, dependent upon their overall square footage. Section proposed to be changed: 2.5.2.1(a) (Page 2-155). For shopping centers less than 25,000 sq. ft. the parking ratio will be 1/200 sq. ft. of gross floor area. For shopping centers 25,000 sq. ft. or greater the parking ratio will be reduced to 1/250 sq. ft. of gross floor area. This change is proposed to be accomplished by changing the current description of a shopping center by removing the square footage language and adding the different square footage requirements parking section of the land use table, based on the size of the center. Description: A complex in excess of 25,000 square feet where multiple businesses are located, characterized by shared common elements such as parking, sidewalks, and street access. Parking: One space per 200 square feet of gross floor area for shopping centers under 25,000 square feet and one space per 250 square feet of gross floor area for shopping centers that are 25,000 square feet or larger. 16.Remove "Mortuary" and "Crematorium" from the Mortuary/Cemetery category in the land use matrix and combine it with Funeral Home. Crematoriums and Mortuaries are a better match with the Funeral Home use. Section to be changed: 2.5.2.1 (a) (Pages 2-142 and 2-165). The Funeral Home category will now be "Funeral Home/Mortuary (Including Crematorium)" and the Mortuary/Cemetery category will now become "Cemetery (Including Mausoleum)." Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts 1.11 ry 9 = LL = SPD d D 'c ¢ a d 03 H a. re ra G IR u'i u _7 8 m r f f Funeral P c C C P C Home/Mortuary Description: A place for the storage of human bodies prior to their burial or cremation,which may also be used for the (Including preparation o r cremation of the deceased for burial and the display of the deceased and ceremonies connected theoewita Crema tori urn) Parking: If funeral services are conducted.one space for each 4 fixed seats or one space for each 100 square feet of non- fixed seating area in the gathering room whichever is greater.If operated otherwise,one space for each employee on the largest shift. Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts N - - - SPD U7 m Z r N pq�y d N a n a t r 2 3 t7 2 S Z m N u' 2 2 Cemetery (Including _ P P P MausoieumfEre Description:A ei.ei.niemetery isaplaceinwhichthosethatpassarepreparedfor. Parking 1 parking space for each 50 square feet of floor space in office,slumber room parlors,or individual funeral service rooms. 17.Change the maximum street light separation from 250' down to 200'. This was a request by Engineering to ensure adequate light coverage within subdivisions. Section to be changed: 3.2.6.4 (v) (Page 3-58). Change the maximum separation from 250' to 200'. (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 ( 509 (200) between them within or abutting the subdivision. 18.Add "Resale" to the Consignment Shop category to add further clarification. Remove the portion of the definition that requires the items to be "on bailment from their owners." Section to be changed: 2.5.2.1 (a) (Pages 2-149). "Consignment Shop" will now be "Resale/Consignment Shop." Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts G W r r ry = . = SPD _ m r = 2 a 2 Q.v+ c c ff. c c e� c .' v+ 0 8. O m P$ O Resale/ P C C , C C P C C _ C C C PP C Consignment Shop Description:A store that accepts used goods_ for the purpose of reselling said goods to the general public in exchange for retaining a portion of the sales price. Parking:One space for each 200 square feet of gross floor area. AFFIDAVIT OF PUBLICATION The Pearland Reporter News • 2404 Park Avenue 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 1,26 20 No. Date __-- 20 No. Date 20 No. Date —_ 20 " - _ No. Date ---- 20 • CFO Subscribe and sworn to before me this � 7 day of LAURA ANN EMMONS NOTA 40/ STATE ORY F PUBLIC TEXAS QExpesQgo92Ol4 1/L Laura Ann Emmons, Publisher Notary Public, State of Texas •Published Sept. 26, 2012 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COM- MISSION OF THE CITY OF PEARLAND, TEXAS AMENDMENTS TO THE UNIFIED DEVEL- OPMENT CODE (UDC) AND COMPREHEN- SIVE PLAN Notice is hereby given that on October 15, 2012 at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland,in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of the City of Pearland,for pro- posed amendments to the Unified Development Code, Ordinance No. 2000T,and Comprehen- sive Plan, Ordinance 943. At said hearing all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. For addi- tional information, please contact the Planning Department at 281-652-1768 Harold Ellis City Planner To Be Published in the PEARLAND REPORTER-NEWS Wednesday, October 31, 2012 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE (UDC) AND COMPREHENSIVE PLAN Notice is hereby given that on November 19, 2012 at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of the City of Pearland, for proposed amendments to the Unified Development Code, Ordinance No. 2000T, and Comprehensive Plan, Ordinance 943. At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information, please contact the Planning Department at 281-652-1768 Harold Ellis City Planner AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 Park Avenue 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. l Date 66 • 20 No. Date 20 - No. Date 20 No. Date 20 No. Date 20 CFO Subsbribe and sworn to before me this 81 day of 666 ,40 il LAURA ANN EMMONS or ) STATE OF R PUBLIC / t.; my Commission Expkes 0919-2014 •/ •./-� I�,Ii�.r Laura An Emmons, Publisher Notary Public, State of Texas Published Oct.3i,2012 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COM- MISSION OF THE CITY OF PEARLAND, TEXAS AMENDMENTS, TO THE UNIFIED DEVEL- OPMENT CODE(UDC) AND COMPREHEN- SIVE PLAN Notice is hereby given that on November 19, 2012 at 6:30 p.m.,the City Council and Plan- ning and Zoning Com- mission of the City of Penland, in OHM*, Harris and Fad And Counties, Taw, wM conduct a joint pubic hearing in the Catis Chambers of City NM, located at 3519 Liberty Drive, Peadand, Texas, on the request of the City of Pearland,for pro- posed amendments to the Unified Development Code, Ordinance No. 2000T,and Comprehen- sive Plan, Ordinance 943. At said hearing all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. For addl- tlonal - Information, please contact the Planning Department at, 261.652.1768 tticit City Mannar _. AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 Park Avenue 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 20 /3 No. Date 20 No. Date 20 No. Date 20 No. Date 20 LTV CFO Subscribe and sworn to before me this P) day of 203 / Laura Ann Emmons, Publisher Notary Public, State of Texas Published Jan.30,2013 EirMEMO NO.2000-T 14 AN ORDINANCE OF THE coyNot.OF THE CITY OF PEARLANO, TEXAS, AMENDING set.to. ED PROVI OF THE UNIFIES' EL- OPMENT Cam, OF THE OM A SAYINGE CIAUSE, A SEVURABILITY CLAUSE, AND A REPEALER CLAUSE; SOVERNIE-FOR COD- ,: , LICA- • AN EFFEC- • rk� 3 FASSED and APPRObc BO' iO • 0,4A :Ant the 14Th day d Jerawy. 2013. Is/tbm Reid,Mayor ATTEST: Young Lorfing,TRMC City Secretary APPROVED AS TO FORM: /s/Danin M.Coker City Attorney Amy 14.2012 Voting "Aye" • Council- • Members Owens,'She- rrouse,Sherman,Orde- neaux and Hill. Voting"No"•None. APPROVED AS TO FORM Motion passes 5 to 0, PUBLICATION DATE: January 23,2013 EFFECTIVE DATE: January 14,2013 PUBLISHED AS RE- QUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF •PEARLAND,TEXAS