Ord. 2000-T-20 2016-03-28 Ordinance No. 2000-T-20
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 15th day of February, 2016, 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 15th day of February, 2016, 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herewith are hereby repealed but only to the extent of such conflict.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 9
Ord. No 2000T-20
PASSED and APPROVED ON FIRST READING this the 14`hday of March,
2016.
4m
`j
TOM REID
MAYOR
ATTEST:
```"till.,,,„,.
,
NG L2 "PING, T'',./C (..): �\
Ify Y SEA ' TARP
''",inlitooN
PASSED and APPROVED ON SECOND AND FINAL READING this the
28th day of March, 2016. `N C /J
4'_��yyr / dL
TOM REID
MAYOR
ATTEST: 0,��1t1,,,,,,,
`
/., . -"% /I ...L........... ....-=
.. ' RECORD SECOND AND FINAL READING
SUNG �� ING �`'C =a j� _�= March 28,2016
Y S: 'ETARY % Voting"Aye"-Councilmembers,Moore,Carbone,
,,,i,,rlttt,t���N``, Reed and Hill.
Voting"No”-Councilmember Ordeneaux
APPROVED AS TO FORM Motion passes 4 to 1.
Ork........ PUBLICATION DATE: March 31,2016
at........: EFFECTIVE DATE: March 28,2016
DARRIN M. COKER PUBLISHED AS REQUIRED BY SECTION 3.10
CITY ATTORNEY OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS
Page 3 of 9
Ord. No 2000T-20
Ordinance No. 2000T-20
Exhibit "A"
Exhibit A
UDC Amendment
Land Use Matrix
Section 2.5.5.1
1.
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential
. _ Zonln
N SPD O
W H N M W - r Z Y t:r
Penal or H a� r z Li z a f 2 `v tg f 5 p O m m
Correction
al - C . C
Institutions - -
Description:A place for the confinement of persons in lawful detention,especially persons convicted of crimes.
Parking:One parking space for each two beds.
2.
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning
Districts
SPO m
w ▪ w f 0 t7 F Z s d ,n m
Rehabilitation N cc 0 0 m C C m N h N tg u C p cc cc N Z
z
Care Facility • • • -
(Halfway House) _ _ C C C C C C C
Description:A dwelling unit which provides residence and care to not more than nine(9)persons regardless of legal
relationship who have demonstrated a tendency towards alcoholism, drug abuse,mental illness,or antisocial or
criminal conduct living together with not more than two(2)supervisory personnel as a single housekeeping unit
Parking:Four spaces per unit
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning
Districts
C M p x LL SPD d S Cm'f , 2 o. d.
Rehabilitation Care `" cc °• cc cc ci 2 2 H H 1 ^e 3 Z.f O G O 2 O `11
NN s
Institution - C C C C C C C
(Commercial) - - - - -
Description:A facility which provides residence and care to ten(10)or more persons,regardless of legal relationship,
who have demonstrated a tendency toward alcoholism,drug abuse,mental Illness,or antisocial or criminal conduct
together with supervisory personneL
Parking:Two spaces per unit
3.
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Zoning g
r N SPD
7-1 N t'''? z Z Asphalt/Concrete 2 2 ccO -
22 a C O m
eatching Plant
C C C
Description: A permanent manufacturing facility engaged in the production of asphalt,carbon black,concrete,
,p(, Lime,Gypsum or Plaster of Paris.
Parking:One space for each 1.5 employees in the maximum work shift.
Page 4 of 9
Ord. No 2000T-20
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts
Minor Concrete ry SPD m
Batching o W .. .. ^' .^ e x d : V F Z a m ^'
•n z z z z z z ¢ 2 f n G z O d z l7 a 2 2
Operation Si '^ in v+ 7 ,n $ ten ' O O m
Storage of
C C C
Associated
Processing Description: A minor concrete plant,which produces less than 1.5 yards per batch of cement mixed.
Material
(Restricted to 1.5
Yards or Less Per Parking:One space for each 1.5 employees in the maximum work shift.
Batch)
4.
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts
SPD
w .. . .. 1,4 x O ¢ m7 ' z w y ry
ON m N N ie z z a H 2 N v N 0 ~O C 2 l7 C7 F f
-
Animal - .
Processing C C C C C C C C
Description:The processing of animals,typically from whole animals into parts or animal products. Examples of this use include
animal slaughtering or poultry processing,tanning,curing,treating,or storage of skins or hides or a rendering plant.
Parking:One space for each 1.5 employees in the maximum work shift.
5.
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts
SPD
co 3
Wrecking or S z aNC sn °� z z ¢ f i - 5 u O O p ¢ O 8. z t7 g f
Salvage Yard
(Auto,Steel or C C
Building Description:A yard or building where motor vehicles.parts of motor vehicles,building materials,or machinery are stored,
Materials) dismantled and/or offered for sale in the open as whole units,as salvaged parts or as scrap or processed metal.
Parking:1 space for each 2,000 square feet of gross floor area plus 1 space for 300 square feet of office space.
6.
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Re Ddenistricc ts ts Zoning
D
L. ti SPD ] m
Pet Care s N z i cc i_- 2 f ,n ,n 0 ~O f s O m , 2 tm7 0 f f
Facility/Anim
•
al Kennel
C C
(With Description:A commercial establishment in which dogs or other domesticated(pet)animals are housed,groomed,bred,
Outdoor boarded, trained, sold, or provided other health and well-being related services, for a fee or compensation. With
Pens) outdoor pens means that all of the listed activities may occur outdoors for an extended period of time.This term does
not include a veterinary clinic.
Parking:One space per 300 square feet of gross floor area.
Page 5 of 9
Ord. No 2000T-20
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts
SPD
ti n N en
m °ci z z cc 1- 2 f N v O z o O.
tf■Office/Clinic, v+ + w+ O C m
Veterinarian
(Animal Hospital, C C C C C C C C C C CC C C C C
With Outside
Pens) Description: An Office for a veterinary professional/group used for the medical or surgical treatment for animals or pets.
This use allows for the usage of outdoor pens for shelter or care of animals.
Parking: One space for each 300 square feet of gross floor area
7.
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential
Zoning
SPD O s m
`Satellite Dish z z - § v N 7 N a2 0 0 m 2 2 2
(greater than 4'in
'^
diameter) C C ' C C' C' C 'C C ' C ' C C C C C C C C c c c c c c c c c c c c
(See r
Description:A device larger than 4'in diameter which:
Telecommunication 1.Incorporates a reflective surface that is solid,open mesh,or bar-configured;
Regs.
Op.2,Art.5, 2.Has the shape of a shallow dish,cone.horn or cornucopia:and
Div.5 of the UDC) 3.Is used to receive electromagnetic signals.
Parking:No additional parking required.
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Re Districts dencts Zoning
D
SPD
Satellite Dish 9 N 3 f s a 20,:i
(Private,less than 4' 2 a i F O ~
in diameter)(See p p' D P P p P p p p p P P P P P P p PP P P P P P P P P P
Telecommunication
Description:A device smaller than 4'in diameter which:
Regs.
gip.2,art.S, 1.Incorporates a reflective surface that is solid,open mesh,or bar-configured;
Div.S of the UDC) 2.Has the shape of a shallow dish,cone,horn or cornucopia;and
3.Is used to receive electromagnetic signals.
Parking:No additional parking required.
8.
Use Residential Zoning Districts Mixed Use Districts Old Town Non ReDdential Zoning
Districts
.Nr I SPD cc m
Cigars, z z z z o z _ E .. N v f f ~ O s O m Z CO 0 f F
Tobacco or E- N N N vt as N V V' 0 er
Cigarettes Shop - c p C C p c p p C
(Retail Only) - - -
Description:A shop that specializes in the sale of cigars or other tobacco products including e-cigarettes and wiping lounges.
Parking:One space per 200 square feet of gross floor area.
9.
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Re Ddenistricc ts ts Zoning
D
p r., .,. .. ., • ,n e = = SPD 7 O m �? r Z a d m s m �.
Exterminator '^ z N N z z z z f f N N N N f O C z 0 co °p Z 0 0 g g
Service/Company
(No outdoor sales - - C C P P P
or storage) Description:A business that resolves pest infestation with sprays,traps or other types of remediation techniques.
Parking:One space per 300 square feet of gross floor area.
Page 6 of 9
Ord. No 2000T-20
10.
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Re Districts dencts Zoning
al N D
Dumps,landfills N F N N SND f G S O 2 z O °m a i 0 0 g g
and Sanitary
landfill - - . - - '
C C
(Private or Description: A private lot or premises used for the disposal of garbage,trash,refuse or waste material(other than
Public) sewage),which is officially sanctioned by proper authorities of the jurisdiction in which it is located.
Parking:One space for each employee at peak work shift.
11.
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Re Ddenistricc ts ts Zoning
D
,. N m p = = SPD 7 0 7 m lm7 7 2 a a m ,r m ,, - ,v
Accessory s, ck & rr oi: ,_ f f a ao
Structure
,n ,n ' ,r v it N ,Ni, u l7 2 O C O 2 G O m ry 2 C7 l7
(Residential) P P P P P P P P P P' P P P P C
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 residential use(also see Accessory Use).
Parking: No additional parking required.
Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning
Districts
SPD s m _
Oft-Street Parking • .c. z f o ,2 u Y
Incidental to N• ^ N 'N M N p O o m u 2 f
Residential Main 'P P P' P P P P P P p - P ' P P P P PP P P ' P P' P P
Use Description:Off-street parking spaces provided in accordance with the requirements of this Ordinance,located on the lot
or tract occupied by the main residential use or in the vicinity of such lot or tract,and located within the same zoning
district as the main residential rise or in an adjacent parking district.
Parking: Varies depending on the type of residential use.
•
Page 7 of 9
Ord. No 2000T-20
Ordinance No. 2000T-20
Exhibit "B"
Exhibit B
Planning and Zoning Commission Recommendation Letter
of
. J
T E X AS
'sr. '89a
Plannin g & Zoning Commission
Recommendation Letter
February 18, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on the Unified Development Code Amendment T-20
Honorable Mayor and City Council Members:
At their regular meeting on February 15, 2016, the Planning and Zoning
Commission considered the following:
Amendment T-20 to the Unified Development Code (UDC).
P&Z Commissioner Derrell lsenburg made a motion to recommend approval of
the proposed amendments to the UDC. The motion was seconded by P&Z
Commissioner Mary Starr. The vote was 6-0 and the motion was approved.
Commissioners lsenburg, Starr, Tunstall, McFadden, Pradia, and Duncan
voted in favor of the proposed changes.
Sincerely,
Frankie Legaux, City Planner
On behalf of the Planning and Zoning Commission
Page 8 of 9
Ord. No 2000T-20
Ordinance No. 2000T-20
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 Legal Notice,Amendments to the UDC,
a true copy of which is hereto annexed was published in said newspapers in its issue(s)of
January 28,2016.
low_ 4
AZ-
Publisher's Representative
Sworn to and subscribed before me this a gee day ofC7lJ 016.
Lei CIA
Notary Public
10F "' MARILYN ZARATE
My commission expires on Notary Public, State of Texas
My Commission Expires
...;.°° September 07, 2018
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 February 15, 2015 at 6:30
p.m., the City Council and Planning and Zoning Commis-
sion 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 Lib-
erty Drive, Pearland, Texas, at the request of the City of
Pearland, for proposed amendments to the Unified De-
velopment Code, Ordinance No. 2000T regarding minor
changes to the Land Use Matrix.
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 Depart-
! ment at 281-652-1765.
Frankie Legaux
City Planner
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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 February 15, 2015 at 6:30
p.m., the City Council and Planning and Zoning Commis-
sion 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 Lib-
erty Drive, Pearland, Texas, at the request of the City of
Pearland, for proposed amendments to the Unified De-
velopment Code, Ordinance No. 2000T regarding minor
changes to the Land Use Matrix.
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 Depart-
ment at 281-652-1765.
Frankie Legaux
City Planner
Page 9 of 9
Ord. No 2000T-20