Ord. 2000-T-19 2015-12-14Ordinance No. 2000-T-19
An ordinance of the City Council of the City of Pearland, Texas, amending selected
provisions of the Unified Development Code of the City; allowing the Restaurant
(With No Drive -In or Drive Thru service) Use in the BP -288 zoning district; having
a savings clause, a severability clause, and a repealer clause; providing for
codification, publication and an effective date.
WHEREAS, on the 16th day of November, 2015, 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 16th day of November, 2015, 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.
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herewith are hereby repealed but only to the extent of such conflict.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-19
PASSED and APPROVED ON FIRST READING this the 7th day of December,
2015.
TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the
14th day of December, 2015.
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(2' TY S RETARY Voting "Aye" — Councilmembers, Moore. Reed, Carbone
i',„1111000‘\` Ordeneaux and Hill.
Voting "No" — None
Motion passes 5 to 0.
PUBLICATION DAM: December 17, 2015
EFFECTIVE DATE: December 14, 2015.
TOM REID
MAYOR
:VOTING RECORD SECOND AND FINAL READING
December 14 2015
APPROVED AS TO FORM
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-19
Exhibit A
UDC Amendment
Land Use Matrix
Section 2.5.2.1
Ordinance No. 2000T-19
Exhibit "A"
Use
Residential Zoning Districts
Mixed
Use Districts
Old Town
Non-Res'dential Zoning
Districts
Restaurant (With
No Drive -In or
Drive-Thru Service)
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Desc•'ption: An establishment that prepares and sells food and beverages for immediate consumption, including cafes,
coffee shops, sandwich shops, ice cream parlors, fast food take•out (Le. pizza) and similar uses.
Parking: One space for each 50 square feet of
waiting), plus one space for each 200 square
required.
public seating and waiting area (including outdoor areas for seating and
feet of the total remaining gross floor area, with a minimum of ten spaces
Page 4 of 6
Ord. No 2000T-19
Ordinance No. 2000T-19
Exhibit "B"
Exhibit B
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
November 17, 2015
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on the Unified Development Code Amendment T-19
Honorable Mayor and City Council Members:
At their regular meeting on November 16, 2015, the Planning and Zoning
Commission considered the following:
Amendment T-18 to the Unified Development Code (UDC).
P&Z Commissioner Mary Starr made a motion to recommend approval of the
proposed amendments to the UDC. The motion was seconded by P&Z
Commissioner Derrell Isenberg. The vote was 5-0 and the motion was approved.
Commissioners, Starr, Tunstall. McFadden, Pradia, and Isenberg voted in favor
of the proposed changes.
Sincerely,
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
Page 5 of 6
Ord. No 2000T-19
Exhibit C
Legal Ad
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)
Notice is hereby given that on November 16, 2015 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 Peariand, for proposed amendments to the Unified
Development Code, Ordinance No. 2000T.
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 281-652-1765.
Ian Clowes
Senior Planner
Page 6 of 6
Ord. No 2000T-19
Ordinance No. 2000T-19
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said County and State.
Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal,
a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly
sworn, states under oath that the report of Ord. #2000-T-19 a true copy of which is
hereto annexed was published in said newspapers in its issue(s) of December 17, 2015.
Sworn to „j subscribed before
de
Notary 'ublic
•
My commission expires on
•
Publisher's Representative
this 231 ' day of C)0.9 2015.
LUCILLE Notary Public, State of Texas
My Commission Expires
January 18, 2016
1
Ordinance No. 2000-T-19
An ordinance of the City Council of the City of Pearland. Texas,
amending selected provisions of the Unified Development Code
of the City; allowing the Restaurant (With No Drive -In or Drive
Thru service) Use in the BP -288 zoning district; having a savings
clause, a severability clause, and a repealer clause; providing for
codification, publication and an effective date.
PASSED and APPROVED ON SECOND AND FINAL READING
this the 14T" day of December, 2015.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM
/8/
DARRIN M COKER
CITY ATTORNEY
is'
TOM REID
MAYOR
p.nrnb r 14.2015
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PUBIJCAT1ON DATE, D.ow10a 17, 2015
EFFECTIVE DATE- Deorybor u, 2015.
Et:S.1SNE0 tis REOtARED BY SECTION 3 10
OF Til! t, NANTER OF 711E CITY OF PEARIANO. TEXAS
•