Ord. 2000-T-16 2013-12-09 ORDINANCE NO. 2000-T-16
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 18th day of November, 2013 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 18th day of November, 2013, 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-16
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herewith are hereby repealed but only to the extent of such conflict.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-16
ORDINANCE NO. 2000-T-16
PASSED and APPROVED ON FIRST READING this the 9th day of
December, 2013.
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TOM REID
MAYOR
ATTEST:
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PASSED and APPROVED ON SECOND AND FINAL READING this the
16th day of December, 2013.
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TOM REID
MAYOR
ATTEST: [t}sjI
/ aaaH,� RL,,:".,.
,;_«///��, / ,,--.. VOTING RECORD SECOND AND FINAL READING
A' NG ael"' ' I / R I. N.A'".' `,3�., December 16,2013
sy Y S =, Voting"Aye"-Councilmembers Carbone, Sherman, Hill,
Ordeneaux and Sherrouse.
Voting"No"-None.
APPROVED AS TO FORM Motion passes 5 to 0,
PUBLICATION DATE: December 19, 2013
(L.,: 611-- EFFECTIVE DATE: December 28, 2013
DARRIN M. COKER PUBLISHED AS REQUIRED BY SECTION 3.10
CITY ATTORNEY OF THE CHARTER OF THE CITY OF PEARLAND,TEXAS
Page 3 of 3
Ord. No 2000T-16
AGENDA REQUEST ORDINANCE NO. 2000-T-16
Exhibit "A"
BUSINESS OF THE CITY COUNCIL
CITY OF PEARLAND, TEXAS
AGENDA OF: December 9, 2013 ITEM NO.: Ordinance No. 2000-T-16
DATE SUBMITTED: November 20, 2013 DEPT. OF ORIGIN: Planning
PREPARED BY: Lata Krishnarao PRESENTOR: Lata Krishnarao
Harold Ellis Harold Ellis
REVIEWED BY: Mike Hodge REVIEW DATE: November 19, 2013
SUBJECT: Unified Development Code Updates (T-16)
EXHIBITS: UDC T-16 Red-Lined Text Amendments
Attachment 1 - Maps associated with Garden/Oday Mixed Use District
Attachment 2 - 2008 Agenda Request for M-1 & M-2 modifications
EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A
AMOUNT AVAILABLE: N/A PROJECT NO.: N/A
ACCOUNT NO.: N/A
ADDITIONAL APPROPRIATION REQUIRED: N/A
ACCOUNT NO.: N/A
PROJECT NO.: N/A
To be completed by Department:
❑ Finance ❑ Legal ❑ Ordinance ❑ Resolution
EXECUTIVE SUMMARY
The City's Unified Development Code, initially adopted in February 2006, is reviewed
annually. This review is based on input over the past year from citizens, developers, City
Council, the Planning and Zoning Commission, board members, and city staff. Based on
this input, Planning staff creates a list of proposed amendments to the Unified Development
Code. This year's amendments, if approved, would result in the 16th amendment to the
Unified Development Code.
As the Unified Development Code is the City of Pearland's local zoning ordinance, state
law and city charter require a Joint Public Hearing with the Planning and Zoning
Commission and City Council, followed by two readings of the ordinance by the City
Council to approve any amendments.
1
As in the past, this year's amendment process began with a series of workshops with the
Commission. Workshops were conducted on July 15, August 5 and August 19, 2013, to
discuss the proposed amendments. The Commission then presented their final list of
recommended changes to the City Council in the form of two Joint Workshop's, on
September 16, and October 7, 2013. A third and final joint workshop was held on
November 4, 2013 to discuss one additional amendment to the Unified Development Code
that was not discussed at prior workshops. A Joint Public Hearing was conducted on
November 18, 2013 to discuss the amendments summarized below:
Staff began the workshop process with a total of seventeen (17) proposed amendments.
After the first Joint Workshop on September 16, there were four (4) originally proposed
amendments which have been removed from this year's annual Unified Development Code
update list. Three items, which pertain to electrical utility requirements, human sign
requirements, and Cluster Development Plans need additional research and will be
discussed at the next update of the UDC. The fourth item, which pertains to wine bars, will
continue to be regulated by the Texas Alcoholic Beverage Commission and County
regulations. With these four (4) items removed, and one additional item added, which
pertains to the Garden/O'Day Mixed Use District, there are now a total of fourteen (14)
amendments as part of this annual update.
At the Joint Public Hearing City Council generally concurred with the amendments and
directed staff to move forward, with the exception of the amendment regarding
Garden/O'Day Mixed Use District. The Council had some concern about allowing all GC
uses in the properties that formerly were zoned or used for non-residential. The Council
discussed the intent of the Garden/Oday Mixed Use District and expressed a desire to
ensure that any modifications were not contrary to the intent.
Staff researched the chronology of events from 2004 when the Unified Development Code
was being formulated to 2008 when the Garden/Oday Mixed Use District was modified for
M-1 and M-2 properties. It appears that during the Comprehensive Plan Update process
Council directed staff to examine certain north south corridors in the City to determine if
mixed use zoning was appropriate for the corridors. The corridors studied included Cullen
Road, Garden Road, O'Day Road, Hatfield Road, Max Road, Roy Road, Stone Road, and
Manvel Road. Based on the land uses at that time, two mixed use zoning districts were
established — Cullen Road and Garden —O'Day. A memo from the consultant dated May
11, 2004 was presented at the Joint Public Hearing held on June 14, 2004. The memo
stated the following:
2 I , r
City Council Changes (from joint Workshop on May 34).1
1. The Garden & O'Day Road Areas. The 2004 Update currently recommends a mixed
use district for Garden Road,called the Garden Road Mixed Use District. The Planning&
Zoning Commission had recommended that this district be expanded to include the west
side of O'Day Road, resulting a singular district that would be the Garden!O'Day Mixed
Use District.However, there was concern about the mixed use district proposed between
O'Day and Garden Road, and how such a district might affect the existing residential
neighborhoods in the area. The boundaries have amended to address this concern, as
shown in the illustration.
Garden 'O'M D;
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Maps prepared for that study in 2004 showing the existing land uses, zoning, and Future
Land Use Plan designation, have been attached. Additionally, a zoning map of the area
from 2006, prior to Garden/O'Day Mixed Use zone being applied, is also attached. See
attachment 1.
In 2008, the owners of properties formerly zoned M-1 and M-2 began requesting that the
City address what was perceived to have been a "down zoning" of their property, in order to
allow industrial uses which were formerly permitted. In response to this concern, the City
Council amended the Garden/O'Day Mixed Use zone to allow for a CUP that would grant
M-1 or M-2 uses in addition to the underlying Garden/O'Day Mixed Use zone uses for
properties which were formerly zoned M-1 or M-2. This addressed the property owners
concerns at the time without opening up all properties in the Garden/O'Day Mixed Use zone
to industrial uses.
In response to Council's concerns staff has drafted an alternative proposal (shown in red
text below) with regards to Garden/O'Day Mixed Use District. Currently in the
Garden/O'Day Mixed Use District, properties which were formerly zoned industrial (either
M-1 or M-2), are eligible to seek a CUP to allow uses not permitted in the existing zone, but
which were permitted either by right or with the approval of a Conditional Use Permit in the
property's former zone. This amendment proposes to expand upon this section of the UDC
and permit properties that were formerly zoned non-residential or used for non-residential
3I P
purposes prior to the adoption of the UDC in 2006, to seek additional uses that currently
exist, with the approval of a CUP. Based on staff's windshield survey conducted in October
2013, the uses that currently exist as non-conforming include Office
Warehouse/Storage/Sales; Heavy Machinery Sales/Storage; Rental and Repair; Metal,
Machine or Wood Shop; Light Manufacturing; Auto Repair, Major; Mini-Warehouse
Storage/Sales; and Upholstery businesses.
Section 2.4.3.3 G/O-MU, Garden/O'Day-Mixed Use District
(a) Purpose. The Garden/O-Day Mixed Use District (G/O-MU) is intended to provide a
district that allows for the continuation of specific nonresidential land uses that have
been in existence along Garden Road and O'Day Road for a long period of time,
while also respecting the residential uses that have developed and now co-exist with
the nonresidential uses. This district is also intended to help preserve the stability of
neighborhoods adjacent to the G/O-MU District boundaries.
(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;
(3) Upon the granting of an Industrial Use CUP pursuant to (i) below, permitted
uses as authorized in the Land Use Matrix for M-1 or M-2 districts:
(4) Upon the granting of a CUP pursuant to Chapter 2, Article 2, Division 3,
properties that were used or zoned for non-residential uses prior to the adoption of
the Unified Development Code:
a. Office Warehouse/Storage/Sales
b. Heavy machinery Sales/Storage, Rental and Repair
c. Metal, Machine or Wood Shop
d. Light Manufacturing
e. Auto Repair, major
f. Mini-Warehouse Storage/Sales
g. Upholstery businesses
(c) Area Regulations for Residential Uses.
(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 - One hundred feet (100')
d. Maximum Lot Coverage - Sixty percent (60%), but may be permitted
seventy percent (70%) with a variance from the ZBA.
(2) Size of Yards:
a. Minimum Front Yard— Twenty-five feet (25')
b. Minimum Side Yard
1. Interior Lot: Seven feet and six inches (7'-6');
4I I-
2. Corner Lot: Equal to the front yard when abutting a street right-of-
way.
3. Every part of a required side yard shall be open and unobstructed
except for accessory buildings, as permitted herein, and the
ordinary projections of window sills, belt courses, cornices and other
architectural features projecting shall not exceed twelve inches (12')
into the required side yard, and roof eaves projecting shall not
exceed twenty-four inches (24') into the required side yard, except
that no projections shall be permitted closer than twelve inches (12')
to a common property line.
c. Minimum Rear Yard— Twenty feet (20')
(d) Area Regulations for Non-Residential Uses.
(1) Size of Lots:
a. Minimum Lot Size - Twenty-two thousand and five hundred (22,500)
square feet in area.
b. Minimum Lot Width - One hundred and fifty feet (150).
c. Minimum Lot Depth - One hundred and twenty-five feet (125).
(2) Size of Yards:
a. Minimum Front Yard- Twenty-five feet (25)
b. Minimum Side Yard
1. Ten feet (10), except as provided below.
2. Twenty-five feet (25) if side yard abuts a residential zoning district.
c. Minimum Rear Yard- Twenty-five feet (25)
(e) Height Restrictions. No building shall exceed thirty-five feet (35) in height.
(f) Nonresidential Use Locations.
(1) Nonresidential uses shall be located on lots that have frontage on Garden
Road or O'Day Road.
(2) All on-site business conducted in association with a nonresidential use,
including any permitted expansion thereof, shall be conducted within a fully
enclosed building.
(3) Parking areas shall not be located directly adjacent to any adjoining residential
use(s), regardless of the establishment of screening in conformance with (g) (1)
below. If parking is located on the side of a lot that is adjoining a residential
use(s), the parking area shall be set back from the screening mechanism by a
minimum of fifteen feet (15').
(g) Residential Adjacency Considerations:
(1) Screening Standards: Adequate screening shall be provided between
nonresidential and residential uses. It shall be the responsibility of the later-
established use to provide and maintain such screening (e.g., if a residential
use is established adjacent to an existing nonresidential use, the residential
use shall be responsible for providing and maintaining screening). Screening
elements shall consist of the following, including a combination thereof:
a. Landscape Elements — Landscape elements permitted shall consist of
shrubbery having year-round foliage:
5 I j)
1. That is at least seventy-five percent(75%) opaque; and
2. That is a minimum of six feet(6') in height; and
3. That is a maximum of eight feet (8') in height; and
4. That is not located within any required visibility triangle.
b. Built Elements— Built elements permitted shall consist of a masonry wall:
1. That is at least seventy-five percent (75%) opaque; and
2. That is a minimum of six feet(6') in height; and
3. That is a maximum of eight feet in height; and
4. That is not located within any required visibility triangle; and
5. That is not constructed with any of the following materials: surface
painted or coated concrete, chain link, concertina wire, barbed wire,
corrugated metal, or fiberglass panels.
(2) Outside Storage: Outside storage (refer to Definitions, Chapter 5 of this UDC)
shall be prohibited unless otherwise permitted by CUP.
(h) Parking. Parking and loading shall be provided in conformance with Chapter 2,
Article 5, Division 2 and Chapter 4, Article 2, Division 1 of this UDC.
(i) Industrial Use CUP.
(1) Eligibility. Properties located on Garden Road or O'Day Road that were
formerly zoned Light Industrial District (M-1) or Heavy Industrial District (M-2)
and which were rezoned to Garden/O-Day Mixed Use District (G/O-MU) when
the UDC was adopted in 2006, are eligible to seek one of two Industrial Use
CUPs, either an M-1 CUP or an M-2 CUP, based upon the properties'previous
zoning.
(2) Effect.
a. The M-1 CUP would add all permitted uses allowed in the M-1 zoning
district as listed in the Land Use Matrix in addition to the permitted uses
for the underlying G/O-MU zoning. Uses listed as conditional uses for the
M-1 district would require a separate CUP to authorize.
b. The M-2 CUP would add all permitted uses allowed in the M-2 zoning
district as listed in the Land Use Matrix in addition to the permitted uses
for the underlying G/O-MU zoning. Uses listed as conditional uses for the
M-2 district would require a separate CUP to authorize.
(3) Applicable requirements. The zoning district regulations applicable to a
property zoned G/O-MU with an Industrial Use CUP shall be determined by the
primary use of said property. If the primary use is a G/O-MU use, then the
regulations for the G/O-MU district shall apply. If the primary use is an M-1 or
M-2 use, then the regulations for the appropriate industrial district shall apply.
If the use is permitted in both the G/O-MU district and the industrial district,
then the less restrictive regulations shall apply.
(4) Expiration. The abandonment and expiration provisions of Section 2.2.3.5 shall
not apply to any Industrial Use CUP.
Ord. No. 2000T-7, Section 2.4.3.3, April 28, 2008.
Ord. No. 2000T-13, Section 2.4.3.3, October 24, 2011.
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission, at their regular meeting on November 18, 2013,
following the Joint Public Hearing recommended approval of all the amendments as presented.
The Commission discussed allowing uses permitted in the former Commercial (C) zone by a
CUP, and the purpose of the 2008 M-1 and M-2 modifications in Garden/O'Day Mixed Use
District. The Planning and Zoning Commission concluded that the amendment as written, with
the CUP process, provided an opportunity to address potential negative impacts of a proposed
use by imposing conditions such as enhanced screening, adequate buffering, façade
improvements, paving improvements, limiting hours of operation, regulating outdoor storage,
etc.
Recommended action:
Staff recommends approval of the proposed UDC T-16 amendments as per P & Z's
recommendation. Additionally, City Council may want to consider staff's draft proposal (outlined
above) regarding Garden Oday Mixed Use district, based on discussions at the Joint Public
Hearing. The redline attachment to the ordinance includes the proposal outlined in this report.
Depending on the outcome of the first reading, staff will modify language accordingly.
7 I _'
ORDINANCE NO. 2000-T-16
►'`�` `'` .�1� Exhibit "B"
g & Zoning Pl nnin Commission
a
Recommendation Letter
November 19, 2013
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on T-16 Amendments
Honorable Mayor and City Council Members:
At their meeting on November 18, 2013, the Planning and Zoning Commission
considered the following:
Amendment T-16 to the Unified Development Code (UDC).
After staff presentation Vice Chairperson Daniel Tunstall made a motion to approve the
T-16 Amendments. The motion was seconded by Commissioner Linda Cowles. The
vote was 6-0 and the motion passed.
Sincerely,
Harold Ellis
City Planner
On behalf of the Planning and Zoning Commission