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Ord. 2000-T-21 2016-09-12 Ordinance No. 2000-T-21 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 1st day of August, 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 "A", said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 1s' day of August, 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 "C" 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict.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 15 Ord.No 2000T-21 PASSED and APPROVED ON FIRST READING this the 22mdayof August, 2016. TOM REID MAYOR ATTEST: .R o° i NG ING ;tee i Y SE"ETAR PASSED and APPROVED ON SECOND AND FINAL READING this the 12th day of September, 2016. rat. TOM REID ..1::.,r MAYOR EST: / ' .�z- . at. 1: RECORD SECOND AND FINAL READING VIM 1104 ' I RMC = September 12 2016 T SECRETARYVoting'A e -"Aye Coundlmembers,Moore.Carbone. SECRETARY ,,,,,,, Reed.Ordeneaux Hill and Perez. Voting"No'-None APPROVED AS TO FORM Motion passes 6 too PUBLICATION DATE: September 21,2016 EFFECTIVE DATE: September 12.2016 DARRIN M. COKER PUBLISHED AS REQUIRED BY SECTION 3.10 CITY ATTORNEY OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS Page 3 of 15 Ord. No 20001-21 Ordinance No. 2000-T-21 Exhibit A 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 herebyiven that on August 1 2171E at 6,30 pi , the City Council and Planning and Zoning Commission of the City a1 Roartand rn Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of Cil Hall,located at 3519 Liberty Drive, Pearland.Texas, on the requeFt of the City of Pearland, for proposed amendments to the Unrfie Development Code,Ordinance No.2000T. At said hearing, all interested parties shad have the right and opportunity to appear and be heard on the subject. For additional information, please contacts Plar.nrrig Department at 281-652- 1765 Frankie Legeux piannar Page 4 of 15 Ord. No 2000T-21 i Ordinance No. 2000-1-21 Exhibit"A" STATE OF TEXAS COUNTY OF BRAZORIA Personally appeared before the undersigned,a Notary Public within and for said County and State. Buzz Cralner 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 Unified pevelooment Code(UDC) a true copy of which is hereto annexed was published in said newspapers in its issue(s)of July 14.2016. Publishers Representative �J ry`t4 Sworn and subscribed before ofd day of ,T/41t/ . 2016. otary Pub .�� ECOmmi S F.MBnO My commission expires on 81w��'(//t � MYCOMMISSIONEXPIRES x11.$, AupM7➢,so1e 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 August 1, 2016 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. 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. Frankie Legaux City Planner Exhibit B Planning and Zoning Commission Recommendation Letter A pr /l PlanningZoning& Commission Recommendation Letter August 3, 2016 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on the Unified Development Code Amendment T-21 Honorable Mayor and City Council Members: At their regular meeting on August 1, 2016, the Planning and Zoning Commission considered the following: Amendment T-21 to the Unified Development Code (UDC). At the regular meeting of the Planning and Zoning Commission on August 1, 2016, 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 Thomas Duncan. Discussion included impact of COD on existing businesses on Manvel Road and inadequate standards for detention ponds that are located along the streets. The vote was 6-0 and the motion was approved. Commissioners, Starr, Tunstall, McFadden, Pradia, Selsky, and Duncan voted in favor of the proposed changes. Sincerely, Frankie Legaux, City Planner On behalf of the Planning and Zoning Commission Page 5 of 15 Ord. No 2000T-21 Ordinances Changes a �� sssse2iaaaaa 3 $il / 5ii 353333 j Peslan4 v c c CC P C C C C P P P frdr4Ova or pommelpommelpNrip Oenlplm: Aoestablishment rn. allows b the tutoring of hnendrla in..uYtl of MNma EmspWrdtl. m,lcc an etude.dmsaat-ne oredd.d�end kande.oaten. LM of mnld LnwmenW deet musk.ands onsory equipment may be provided as an roeeary use P erkin.One mo pm 200 quire bet of pm da ry YJ k: 1 pp0 9assssa3iaaaaa $i 'G � sii 301t 33i "! Art.—.' P P P PP P P CCCPPC OMs.or Mkb Deseripliter An amtllrhmmt that shorn Indoor fabrication.creates;=SWIM.em sale of enema that may Include *nth adptha m.mhm.k weedwart.humcafed l$we7..or dmOrt as matt Sale of man metriuntllee Is limited to isms Shrieked on aka. P rMi*One span per ZOO square bet dims floor area 111111SIS ISMS 3 ; ; ;; 9S 1 wsl C $i8 6El i BBA * 33 i "3 flame C C C C P P. Oraipton: A building wt W la malady oma for the mud of motion pictures on bark to a regular hathe general public.This dies hutted*a Moeda theater,adult theater or adult Wee.This deMltka also includes muMples,a movie theatre complex with multiple mans within a single wimps _ Peter One ma foradl Ma Plug ons Wro breach emPl%m. _ 41. — SPO p ;Ina m 3 Si 6 g Si i B :' S S 3 i T--the C P C C c v- Performing AM P Deteriptiom A building or part d e nudy devoted to th..na or pmkrmop w productive m a prindpah is.but not bidets a di...ln Omrar,ado&Meathor adult skidoo. Prtkry:One spew for nth 4 matt of nmtim. ;R. 100. 11001111.10.14. • I. er A : : 8 i i in 3 3 i a a a x $ ! $i S 6 S 8 9 S SS Ikea praiplym A dadedmly dwelling on a myantelypietwd lot which t.&Wised and that one dd.J dk meal to anew feat in order to salmis the width and mobility of the other dM yard.and whish permits the conmuMo of a d.mdrd sngetesngdwearg with our We[he-wall)of kith devilling pled on the rick preprfMe. Prkot Two parkins Rena Page 6 of 15 Ord. No 20001-21 . 519 a aaieli „ Dplss ! 3ig � 5i ff 6U Ss f De Hai cur light - W C C C C C P Desalpdom An apbDshment oferingin the general public facilities for derdngad/or.vbhbinmut Pamngr One space for nary 3 persons at maximum capacity. E:y).- .. s � s a3 , [me1Oleic € iav a Eel !P1 ic Oleic Duvfgbo:A felly that Is tint a hospital emergency department whwa dawn ambulatory medial we to patients en •watt-m blah with or without a scheduled appointment Perkier One space for midi 30D square feet of gross door area ea.�m s a q aaa l bllis aaast3i ,s 6 11 8 = s aGf woheh4 two Oraipdoo: Also maned bat Boarding House.A bitting built and/or and for residential purposes,where meets ens served far uwPenudan to a person or persons residing in the Melding and when no making fac llUa ere Prodded m Individual living mita Pamir One space per pinion per pencmcapadty of permanent'MOON'facilities tare "In I Exhibition Halm 9 “ •71 .1$ lc aS Ri�hi a V a a $ 3i a Bi 8 iA 4 8 i! p—Aaa t* C C C C C P C P P P etc.) Description: il n: A Wbuilding used dr holding wt n Mbitionnnndos o , Cror other p pterin! of paopM or Stadiumshousing/seating sMa•taa ata sheeting event Packing:Ona sun for each 4 soda of tepidly hi the main gra containing dM•Wng SPU OV eon. Ir tin 1 Sale of Prose PPPP p p p PPP Maw ray Omolpdor Sale of produce grown on site is an aonay use to the main use of a building Produce must W cultivated Garden and harvested on the properly;neer from the property may only occur during growing season;u4 sold made of a building Padding No additional prking required Section 2.4.4.3 BP-288, Business Park District-288 (h) Screening Standards. (1) Site Elements Required to Be Screened: The following site elements shall be screened from the public view from State Highway 288. a. Mechanical and Utility Equipment Page 7 of 15 Ord. No 2000T-21 1. Screens shall be of a color and material that is consistent with the primary on-site building. Screening shall consist of a decorative wall or architectural element of the building that is one hundred percent (100%) opaque and equal to or exceeds the height of the area being screened. Shrubbery shall be a minimum of three feet (3') in height at the time of planting, planted every three feet (3') or less on center, and have year-round foliage. 2. Roof-mounted equipment may be screened with an architectural element that is an extension of the building on which it is located, such as a parapet wall. 3. For electric utility equipment, the screening requirements of this section shall only apply to equipment owned by the customer and not by the electric utility. b. Vehicle Loading and Unloading Areas - 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 seventy-five percent (75%) opaque. c. 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. (2) Screening Elements Required: All fences and walls visible from State Highway 288 shall be: a. Constructed of masonry or other materials approved by the Planning Director or his designee. b. Consistent in color and design with the building architecture. c. Uniform in style and materials along the entire length of the screen within a single development. (i) Buffering Standards. (1) Site Elements Required to Be Buffered: The following site elements shall be visually buffered from the public view from State Highway 288: a. Parking Areas - Outdoor parking areas located within one hundred feet (100')of the State Highway 288 right-of-way. b. Fuel Pumps - Fuel pumps located between the street and the building. c. Drive-Up Windows -Vehicle drive-up windows facing the street. (2) Buffering Elements Required: Required buffering shall be a maximum of three feet(3') in height and shall be provided by one or more of the following: a. Freestanding masonry wall. Page 8 of 15 Ord. No 20001-21 b. Landscaped earth berm with a maximum four-to-one (4:1) slope. Retaining walls may be used to facilitate berming. Berms shall be maintained at a height of no more than thirty-six inches (36") nor less than twenty- four inches (24"). c. Shrubbery having year-round foliage. Shrubs shall be maintained at a height of no more than thirty-six inches (36") nor less than twenty- four inches (24") as measured from the surrounding soil line and at a minimum thirty-six (36") spacing. Section 2.4.5.1 COD, Corridors Overlay District (g) Landscaping Standards. (7) Detention/retention facilities located in front yards: When a detention/retention facility is located in a front yard, the facility shall be incorporated into the design of the development as an amenity, as determined by the Planning Director. In addition to the street tree requirements, the minimum number of shrubs shall be equal to the total caliper inches of street trees required under this section multiplies by five (5). Shrubs shall be maintained at a height of no more than thirty-six inches (36") nor less than twenty-four (24") as measured from the surrounding soil line. Shrubs shall be planted in a staggered row along the street side of the detention/retention facility. (i) Screening Standards. (1) Site Elements Required to Be Screened: The following site elements shall be screened from the public view from all specified major thoroughfares: a. Mechanical Equipment 1. Screening shall consist of a decorative wall or architectural element of the building that is one hundred percent (100%) opaque and equal to or exceeds the height of the area being screened. Shrubbery shall be a minimum of three feet (3') in height at the time of planting, planted every three feet (3') or less on center, and have year-round foliage. 2. Roof-mounted equipment shall be screened with materials that are one hundred percent (100%) opaque. Appropriate screening includes an extension of the wall, such as a parapet wall, on which the equipment is mounted. b. Vehicle Loading and Unloading Areas 1. Screens shall incorporate shrubbery having year-round foliage anchor a wall or architectural element of the building that is a minimum of six feet (6') in height and is a maximum of seventy-five percent(75%) opaque. Page 9 of 15 Ord. No 2000T-21 c. Refuse. Refuse Containers, and Recycling Containers 1. Screens shall consist of a solid wall or architectural element of the building that is a minimum six feet (6') in height. (j) Buffering Standards. (1) Site Elements Required to Be Buffered: The following site elements shall be visually buffered from the public view from all specified major thoroughfares: a. Parking Areas - Outdoor parking areas that are visible from any street right-of-way. b. Fuel Pumps - Fuel pumps located between the street and the building. c. Drive-Up Windows - Vehicle drive-up windows facing the street. (2) Buffering Elements Required: Required buffering shall be a maximum of three feet(3') in height shall be provided by way of one or more of the following: a. Freestanding masonry wall. b. Landscaped earth berm with a maximum four-to-one (4:1) slope. Retaining walls may be used to facilitate berming. Berms shall be maintained at a height of no more than thirty-six inches (36") nor less than twenty-four inches (24"). c. Shrubbery having year-round foliage. Shrubs shall be maintained at a height of no more than thirty-six inches (36") nor less than twenty- four inches (24") as measured from the surrounding soil line and at a minimum thirty-six (36") spacing. Section 4.2.2.4 Required Landscape Area Standards for Nonresidential, Multlple-Family, &Single-Family Development (d) Screening of Parking Areas. Landscaping shall be required for the screening of parking areas from an abutting public right-of-way or adjacent property. (4) The minimum number of shrubs shall be equal to the total caliper inches of street trees required under this division multiplied by five (5). Shrubs and berms shall be maintained at a height of no more than thirty-six inches (36") nor less than twenty-four inches (24") as measured from the surrounding soil line and at a minimum thirty-six (36") spacing. Section 4.2.4.1 Screening (a) Nonresidential and Multiple-Family Screening Required(New Construction). (2) b. If screening is achieved by an opaque screening wall, there shall be a minimum 25-foot wide landscape buffer between nonresidential or multiple-family and all single-family uses. The buffer shall include large shade trees with a minimum two-inch (2") caliper measured at Page 10 of 15 Ord. No 20001-21 twelve inches (12")above the root ball shall be provided, with the total caliper inches equal to at least one inch (1")for each ten feet(10') of lot depth. This buffer shall be at least thirty(30)feet wide if screening is achieved above by a vegetative screen and not an opaque screening wall. The 30'buffer described shall include landscaping to provide a semi-opaque screen utilizing the following: i. Large shade trees with a minimum two-inch (2") caliper measured at twelve inches (12") above the root ball shall be provided, with the total caliper inches equal to at least one inch (1") for each ten feet(101 of lot depth. ii. Ornamental trees with a minimum two-inch (2") caliper measured at 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 lot depth, except for Public Educational Facilities, which are exempt from this requirement. Hi. A minimum of sixty percent (60%) of required trees shall be evergreen with year-round foliage. iv. At the time of planting, a minimum of three feet (3') shall be provided between a tree trunk and the back of any curb and eight feet (8') between a tree trunk and any planned or existing underground public utility lines. v. At the time of planting, a minimum of six feet(6')shall be provided between individual trees. Section 4.2.4.1 Screening (b) Parking Area Screening Along Major and Secondary Thoroughfares. Landscaping shall be required for the screening of parking areas along major thoroughfares or secondary thoroughfares when nonresidential parking areas are located on the nonresidential lot such that they are adjacent to such roadways (i.e., there is no building between the parking area and the lot line adjacent to the roadway). In such case, parking areas shall be screened by a continuous hedge of shrubs that are maintained at a height of no more than thirty-six inches (36") nor less than twenty-four inches (24") as measured from the surrounding soil line and at a minimum thirty-six (36") spacing. Section 4.2.4.1 Screening (d) General Screening. (1) The following requirements shall be in addition to the foregoing landscaping and planting requirements: a. All loading spaces and docks, outside storage areas including open storage, storage in containers and boxes not designed to be permanently affixed to real property, refuse containers/areas, mechanical and electrical equipment, and the rear of nonresidential uses/structures on double frontage lots, must be Page 11 of 15 Ord.No 20001-21 screened from view from the street or public rights-of-way and adjoining properties. b. Approved screening techniques include masonry, evergreen vegetative screens, landscape berms, existing vegetation, or any combination thereof. In any case in which a fence/wall is constructed to provide screening, landscaping elements shall be incorporated along a majority of the fence/wall. Screening for ground mounted mechanical, electrical equipment shall consist of a decorative wall or architectural element of the building that is one hundred percent (100%) opaque and equal to or exceeds the height of the area being screened. Shrubbery shall be a minimum of three feet (3') in height at the time of planting, planted every three feet (3') or less on center, and have year- round foliage. Also, in the case of roof-mounted mechanical equipment, parapet roof structures are approved for screening such equipment. Section 24.2.1 SD, Suburban Development District (a) Purpose. The Suburban Development District (SD) is intended to provide areas for land that is relatively undeveloped and/or agricultural in nature. Section 2.6.2.1 Applicability& Requirements Table 2-2 Building Façade References By Roadway Classification& Zoning District ZONING DISTRICTS ROADWAY CLASSIFICATION MF,C-MU,G/O-MU,OP, M-1, M-2 NS,GB,GC Thoroughfare (1) (4) Collector (1) (2)(4) Other (1)(2)(3) (2)(3) 'Refer lo Y.Mduel zoning dutrid regulations for facade malarial requirements for the Spectrum Metric.BP-288 district OT District,and COD dsUld. Section 2.4.4.6 GC,General Commercial District (e) Outdoor Activities or Uses. In connection with any permitted use, there shall be allowed outdoor activities or uses subject to the following limitations: (1) Except as provided below, out of doors display, storage and sale of merchandise, equipment and vehicles shall be permitted. Page 12 of 15 Ord.No 2000T-21 (2) Out of doors display, storage and sale of merchandise, equipment and vehicles shall not be permitted on property adjacent to a residential zoning district. a. Such activities/uses shall be permitted on such property upon City Council approval of a Conditional Use Permit (in accordance with Article2, Division 3 of this chapter)authorizing said activities/uses. 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. (3) In connection with any permitted use, there shall be allowed outdoor activities or uses and the incidental display of merchandise out of doors subject to the following limitations: a. 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. b. 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 four (4) events 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: That there is an adequate off-street parking area, approved by the City; and ii. 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. Section 2.6.1.1 Area&Building Regulations 2. Flag lots in residential zoning districts shall be permitted upon approval by the Planning & Zoning Commission, provided such lots shall have a minimum frontage of fifty feet(50'). Page 13 of 15 OW.No 2000T-21 Section 4.1.2.6 Sign Permit (c) Exemptions. The following signs and activities do not require a sign permit: (7) Flags authorized by Section 4.2.5.5 (e). Section 5.1.1.1 General Definitions (287)OFFICE WAREHOUSE STORAGE OR SALES: An establishment where not more than 75% of the total floor area is devoted to warehousing, and may include the sales of office products, but sales are not generally accessible to the public. Section 4.2.4.1 Screening (c) Nonresidential and Multiple-Family Screening Required(New Construction). (2)e. The Planning Director shall determine if the buffer meets the requirements of this section. Section 3.1.1.1 Authority, Purpose &Applicability (c) Applicability. (1)The provisions of this Chapter 3 apply to any non-exempt (see Section 3.1.1.3) division of land, combination of separate land parcels, and/or development of land within the corporate boundaries of the City and within its extraterritorial jurisdiction. (2) No permit shall be issued for any building or structure on a property until a subdivision or a development plat has been approved and filed for record with the following exceptions: a. Permits for repair or remodeling of an existing structure or for site improvements (parking areas, driveways, etc.) which involves no increase in square footage of any structure or paving; or b. Demolition permits, or permits for removal of a structure from a parcel or tract. c. A building permit may be issued for a Public Educational Facility prior to platting, but no certificate of occupancy shall be issued until after approval and recordation of the final plat. d. Permits for the replacement of an existing septic system from owner or occupant of the property located in the City or the City's ETI where the sole proposed change to the property is the replacement of the septic system A survey of the lot prepared by a licensed surveyor for the State of Texas shall be filed with the City of Peariand in hard copy and electronic form with the following information: Page 14 of 15 Ord.No 2000T-21 1. the corners and boundaries of the lot; 2. the location of all existing structures and known easements; 3. the location and width of all abutting rights-of ways; and 4. a floodplain statement for the lot; 5. the location of the existing septic system; and, 6. the location of the proposed replacement septic system. Section 3.1.1.2 Types of Plats Required (a) Subdivision Plats. A Final Subdivision Plat or a Minor Subdivision Plat shall be approved prior to any non-exempt land division. (b) Development Plats. A Final Development Plat shall be approved prior to development of any tract or parcel for which no subdivision plat is required, or prior to development of any lot in a subdivision for which dedication of any right-of-way for construction or maintenance of public improvements is required by this Unified Development Code. Section 3.1.4.1 Purpose and Effect (a) Purpose. The purpose of the Development Plat is to assure that the division or development of the land subject to the plat is consistent with all standards of this Unified Development Code pertaining to the adequacy of public facilities, that public improvements to serve the subdivision or development have been proposed in accordance with the City of Peariand's requirements, that all other requirements and conditions have been met or planned for to allow the plat to be recorded, and to assure that the subdivision or development meets all other standards of this Unified Development Code to enable initiation of site preparation activities for any lot or tract being platted. The Development Plat is applicable for an integrated business development that proposes a subdivision of any number of non- residential or multi-family residential lots, that require extension of municipal facilities only to serve the specific development being platted or platting of single lots, and where delay in construction or deferral of municipal facilities does not affect the city or any other parcel. (b) Applicability. A Development Plat application under this division shall be required for any development except those that may be approved through the other platting procedures of Chapter 3. Page 15 o1 15 Ord.No 20001-21 "NP J `0 T t x 14, 1101' JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, AUGUST 1, 2016 AT 6:30 P.M. COUNCIL CHAMBERS - CITY HALL-3519 LIBERTY DRIVE I. CALL TO ORDER II. PURPOSE OF HEARING Amendments to the Unified Development Code (UDC) A request of the City of Pearland to amend certain sections of the Unified Development Code, Ordinance No. 2000T. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION VI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing, City Secretary, at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 1 of 1 —08/01/2016 RESPONSIVE RESULTS-ORIENTED TR Ordinance No. 2000-T-21 Exhibit "C" 44, Staff Report SLARLAW To: City Council and Planning and Zoning Commission r x AS From: Planning Department artment Esr. a9Date: July 25, 2016 Re: A request of the City of Pearland to amend certain sections of the Unified Development Code, Ordinance No. 2000T. Summary of Request As a response to the changing needs of the community and concerns that have brought to staff's attention, regular updates are proposed to the UDC. The proposed changes to Unified Development Code fall into the five following categories: Land Use Matrix; Landscaping; Clarifications & Corrections; addition of Corridor Overlay Districts, and Platting Exemption. 1. Land Use Matrix The first proposed changes to the Land Use Matrix are to clarify and include certain uses to facilate redevelopment of the former Alvin Community College campus. Staff has been working with the developers to ascertain the changes that would be beneficial to redevelop the existing building and complex as a vibrant arts and entrainment district in Pearland's Old Townsite. currently zoned Old Townsite Mixed Use (OT-MU) and Old Townsite General Business (OT- GB). These changes would not only benefit the developers but would be beneficial to other properties in the OT-MU and OT-GB. Other proposed land use matrix changes include: • a proposed new use that will allow community gardens such as the one associated with the YMCA to sell produce grown and harvested on site within a building; • change to facilitate reuse and renovation of older buildings for gymnasiums and athletic training facilities; and • restrict Boarding or Rooming House to be located only in GB and GC zones by a CUP. Some of these amendments will permit certain uses, that otherwise would be prohibited in some zoning districts, by a CUP. The CUP process will provide the City Council and the Planning and Zoning Commission an opportunity to review the suitability of the use in the zoning district. 1iPage RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE The following table provides a summary of the changes to the Land Use Matrix. USE CHANGE 1. Studio or Learning Center for Fine or Clarify definition. Add by CUP in OT-MU Performing Arts 2. Art Museum, Dealer or Studio Clarify definition. Amend from CUP to permit by right (P) in OT-MU. 3. Cinema New Use. Permit by CUP in S-1, C-MU, BP- 288, and permit by right (P) in GB and GC. 4. Theater for the Performing Arts New Use. Permit by CUP in C-MU, OT-MU, BP- 288, NS and permit by right (P) in OT-GB, GB, and GC. 5. Dwelling — Patio Home Add with a CUP in OT-MU. 6. Dance Hall or Night Club Add with a CUP in OT-MU. 7. Emergency Care Clinic Add with a CUP OT-MU. 8. Boarding or Rooming House Delete from MF and OT-MU. Amend from P to CUP in GB and GC. Not permitted in any other zone currently. 9. Sale of Produce on site New Use for community gardens to sell produce grown on site in some commercial zones. 10. Exhibition Hall or Public Assembly Add by CUP in S1, S2, S3, C-MU, OT-GB, and (Auditorium, Gymnasium, Stadiums, GB etc. The tables below shows the redlined changes to the individual use definitions in the Land Use Matrix: Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts '^. N. ,v m et = = SPD a - r - z2:s ,n m v .. . ci z z z m u- 2 2 N N H v O O r it O m Z c7 2 2 Studio or Learning Center for Fine or P. C C C C P C C C C PPP P Performing Arts Description: An establishment that allows for the tutoring of individuals in a variety of functions.Examples include martial arts studio,dance or drama studio or tutoring center and learning centers.Sale of musical instnrments,sheet music,and accessory equipment may be provided as an accessory use. Parking:One space per 200 square feet of gross floor area. Wage RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning • Districts W = SPD - C C !- Z D 6. p N m " N ai of o� z z e z r 2 2 i .Ni 7 `h yr p p o 1 .1 O m Z f f Art Museum, P P P } P P P E P C C C PP C Dealer,or Studio Description: An establishment that indoor fabrication,creation,exhibition,and sale of artwork including that may include painting,sculpting,metalwork,woodwork,handcrafted jewelry,or similar creative arts. Sale of merchandise is limited to items fabricated on site. Parking:One space per 200 square feet of gross floor area. Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts SPE) Cv zW N oeM O S 7 - "t'••• m tm J, $ 6 t •• N c C C C P P Cinema Description: A building which Is regularly used for the exhibition of motion pictures on a regular basis to the general public.This does not Include a drive-in theater,adult theater or adult video. This definition also includes multiplexes,a movie theater complex with multiple screens within a single complex. Parking: One space for each 4 seats,plus one space for each employee. Cinema has been added as a new use to differentiate it from theater for the performing arts. Generally, a theater for the performing arts is smaller and has less negative impact on surroundings as compared to the megaplex cinemas, and would be appropriate in certain areas with less intense commercial activity. Adding a new Cinema category also clarifies the difference between the existing and proposed types of theaters (drive-in theater and dinner theater) and excludes adult theaters and adult video uses. Use Residential Zoning Districts Mixed Use Districts Old Town Non-ReDistricdenc s Zoning District Im .. M ,. C + SPD - Q , _ Z y N o W _ f ci °✓ o[ z e cc 2 2 .n N M 7 z-.71 ~ b C s O m z V l�7[ 2 2 �n p Theater for the Performing Arts C P C C C PP Description: A building or part of a building devoted to theatrical or performing arts production as a principal use but not including a drive-in theater,adult theater or adult video Parking: One space for each 4 seats of capacity. - UseResidential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts 0 MA SPD W - .. N M q = �r S a, O l7 z a N th K ti H C C K § N ,..u4 iMi+ C 0 0 g Dwelling-Patio - P P C Home Description: A single-family dwelling on a separately platted lot which is designed such that one side yard is reduced to zero feet in order to maximize the width and usability of the other side yard,and which permits the construction of a detached single-family dwelling with one side(i.e..wall)of such dwelling placed on the side property line. Parking: Two parking spaces. 31Page RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts SPD s ryM 9 gig D h 8 8 Dance Hall or Night • Club C C C C C P Description: An establishment offering to the general public facilities for dancing and/or entertainment. Parking:One space for every 3 persons at maximum capacity. Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts s °JS °c ¢ s ci cc ` sPu""i 3 6 , 0 O o m Z VY 2 F Emergency Care PCCCC C C C C P C P C Clinic Description: A facility that is not a hospital emergency department which delivers ambulatory medical care to patients on a walk-in basis with or without a scheduled appointment. Parking: One space for each 300 square feet of gross floor area Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts ~+ 5PD O b - z F Z c m N m ee o oe oc f .. ry v�T 2 o z C d Z � f gn v+ v $ v 0 O m Boarding or R R Rooming House R O C C Description: Also referred to as Boarding House.A building,built and/or used for residential purposes,where meals are served for compensation to a person or persons residing in the building,and where no cooking facilities are provided in individual living units. Parking: One space per person capacity of permanent sleeping facilities The UDC describes a Boarding or Rooming House as "a building, built or used for residential purposes, where meals are served for compensation to a person or persons residing in the building, and where no cooking facilities are provided in individual living units.' There is no minimum or maximum length of time that one is required to occupy a room. The "boarding/rooming house" definition is most similar to a hotel/motel, which is described in the UDC as "an establishment providing accommodations, meals, and other services for travelers and tourists." In the past, families would rent out rooms in their home for transient workers or people moving to a city. Some rooming houses could offer shared kitchen facilities, which make this use more similar to some hotel/motel which offer microwaves and mini-kitchen facilities. According to the UDC definition of"Family", up to four unrelated persons may live as a single housekeeping unit and are considered as one family. Staff is recommending they be allowed in zones where hotel/motel uses area permitted. Enforcement for new boarding/rooming houses would be as any other illegal use in a zoning district; they would be asked to come into compliance by being granted a CUP. Any boarding/rooming houses in existence would be rendered non-conforming and non-conforming regulations would apply to the type and size of the expansion. 41 RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE Non-Residential Zoning Use Residential Zoning Districts Mixed Use Districts Old Town Districts .n N SPD w .. .. .r fu Z ao N Exhibition Nall or 2 +n a � O5 ~ i 0 a 2 U 7 2 Public Assembly (Auditorium, c c c c c c p c p P p Gymnasium, Description: A large building used for holding exhibitions, conventions, or other large gatherings of people or Stadiums etc.) housing/seating spectators at a sporting event. Parking:One space for each 4 seats of capacity in the main area containing fixed seating. Use Residential Zoning Districts Mixed Use Districts Old Town Non-Residential Zoning Districts SPD ] m N ac N ..cm, z o oc f 2 "i N s I �u l7 7 0 C O a it 0 CO Z 01 E 5 Sale of Produce from community PPPPP P P PPP Garden Description: Sale of produce grown on site is an accessory use to the main use of a building. Produce must be cultivated and harvested on the property;sales from the property may only occur during growing season;and,sold inside of a building. Parking: No additional parking required. 2. Landscaping The second category of text changes is not to add any additional landscaping requirements, but to assist developers by providing specific landscaping and screening requirements for • areas where landscaping is currently required. Areas that currently require landscaping, but do not have specific guidelines include buffers between residential and commercial properties, screening of parking lots, screening of mechanical and electrical equipment, and screening of detention/retention ponds when visible from major corridors. Lack of specific guidelines have often times caused delays in permit approvals as architects are uncertain of what is required. The landscaping requirements proposed are similar to requirements in other areas of the UDC where landscaping is required. As described in the following table, changes 1-3 clarify the landscaping and do not to add new requirements. Change 4 is to include trees and shrubs to the buffer between residential and non-residential, to ensure that adequate screening is provided to adjacent residential homes, beyond just a 6-8 foot opaque fence, to mitigate the impact of noise, lighting, etc. Currently the required buffer between residential and non-residential just says it is up to the building official to determine if the buffer requirement is met. The following table provides a summary of the changes followed by the specific language change to each section of the UDC: 51 age RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE REQUIREMENT CHANGE 1. Screening for mechanical and Add text to clarify the existing requirements utility equipment Sections 2.4.4.3(h)(1)(a), 2.4.5.1(i)(1)(a), 4.2.4.1(d)(1)(b) 2. Screening for parking areas, fuel Add text to clarify the existing requirements pumps, and drive up windows Sections 2.4.4.3(i)(2)(b), 2.4.4.3(i)(2)(c), 2.4.5.1(j)(2)(b), 2.4.5.1(j)(2)(c), 4.2.2.4(d)(4), 4.2.4.1(b), 3. Screening of detention/retention Add text to clarify the existing requirements facilities located in front yards in COD Sections 2.4.5.1(g)(7) 4. Buffer between non-residential Add specific requirements for trees and and residential shrubs in addition to grass/open space. Sections 4.2.4.1(a)(2)(b) Section 2.4.4.3 BP-288, Business Park District-288 (h) Screening Standards. (1) Site Elements Required to Be Screened: The following site elements shall be screened from the public view from State Highway 288. a. Mechanical and Utility Equipment 1. Screens shall be of a color and material that is consistent with the primary on-site building. Screening shall consist of a decorative wall or architectural element of the building that is one hundred percent (100%) opaque and equal to or exceeds the height of the area being screened. Shrubbery shall be a minimum of three feet (3') in height at the time of planting, planted every three feet (3') or less on center, and have year- round foliage. 2. Roof-mounted equipment may be screened with an architectural element that is an extension of the building on which it is located, such as a parapet wall. 3. For electric utility equipment, the screening requirements of this section shall only apply to equipment owned by the customer and not by the electric utility. 61 RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE b. Vehicle Loading and Unloading Areas - 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 seventy- five percent (75%) opaque. c. 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. (2) Screening Elements Required: All fences and walls visible from State Highway 288 shall be: a. Constructed of masonry or other materials approved by the Planning Director or his designee. b. Consistent in color and design with the building architecture. c. Uniform in style and materials along the entire length of the screen within a single development. (i) Buffering Standards. (1) Site Elements Required to Be Buffered: The following site elements shall be visually buffered from the public view from State Highway 288: a. Parking Areas - Outdoor parking areas located within one hundred feet (100') of the State Highway 288 right-of-way. b. Fuel Pumps - Fuel pumps located between the street and the building. c. Drive-Up Windows - Vehicle drive-up windows facing the street. (2) Buffering Elements Required: Required buffering shall be a maximum of three feet (3') in height and shall be provided by one or more of the following: a. Freestanding masonry wall. b. Landscaped earth berm with a maximum four-to-one (4:1) slope. Retaining walls may be used to facilitate berming. Berms shall be maintained at a height of no more than thirty-six inches (36") nor less than twenty- four inches (24"). c. Shrubbery having year-round foliage. Shrubs shall be maintained at a height of no more than thirty-six inches (36") nor less than twenty- four inches (24") as measured from the surrounding soil line and at a minimum thirty-six (36") spacing. Section 2.4.5.1 COD, Corridors Overlay District (g) Landscaping Standards. (7) Detention/retention facilities located in front yards: When a detention/retention facility is located in a front yard, the facility shall be incorporated into the design 71 RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE of the development as an amenity, as determined by the Planning Director. In addition to the street tree requirements, the minimum number of shrubs shall be equal to the total caliper inches of street trees required under this section multiplies by five (5). Shrubs shall be maintained at a height of no more than thirty-six inches (36") nor less than twenty-four (24") as measured from the surrounding soil line. Shrubs shall be planted in a staggered row along the street side of the detention/retention facility. (i) Screening Standards. (1) Site Elements Required to Be Screened: The following site elements shall be screened from the public view from all specified major thoroughfares: a. Mechanical Equipment 1. Screening shall consist of a decorative wall or architectural element of the building that is one hundred percent (100%) opaque and equal to or exceeds the height of the area being screened. Shrubbery shall be a minimum of three feet (3') in height at the time of planting, planted every three feet (3') or less on center, and have year-round foliage. 2. Roof-mounted equipment shall be screened with materials that are one hundred percent (100%) opaque. Appropriate screening includes an extension of the wall, such as a parapet wall, on which the equipment is mounted. b. Vehicle Loading and Unloading Areas 1. Screens shall incorporate shrubbery having year-round foliage and\or a wall or architectural element of the building that is a minimum of six feet (6') in height and is a maximum of seventy-five percent (75%) opaque. c. Refuse, Refuse Containers, and Recycling Containers 1. Screens shall consist of a solid wall or architectural element of the building that is a minimum six feet (6') in height. (j) Buffering Standards. (1) Site Elements Required to Be Buffered: The following site elements shall be visually buffered from the public view from all specified major thoroughfares: a. Parking Areas - Outdoor parking areas that are visible from any street right-of- way. b. Fuel Pumps - Fuel pumps located between the street and the building. c. Drive-Up Windows - Vehicle drive-up windows facing the street. (2) Buffering Elements Required: Required buffering shall be a maximum of three feet (3') in height shall be provided by way of one or more of the following: 81 RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE a. Freestanding masonry wall. b. Landscaped earth berm with a maximum four-to-one (4:1) slope. Retaining walls may be used to facilitate berming. Berms shall be maintained at a height of no more than thirty-six inches (36") nor less than twenty- four inches (24"). c. Shrubbery having year-round foliage. Shrubs shall be maintained at a height of no more than thirty-six inches (36") nor less than twenty- four inches (24") as measured from the surrounding soil line and at a minimum thirty-six (36") spacing. Section 4.2.2.4 Required Landscape Area Standards for Nonresidential, Multiple- Family, & Single-Family Development (d) Screening of Parking Areas. Landscaping shall be required for the screening of parking areas from an abutting public right-of-way or adjacent property. (4) The minimum number of shrubs shall be equal to the total caliper inches of street trees required under this division multiplied by five (5). Shrubs and berms shall be maintained at a height of no more than thirty-six inches (36") nor less than eighteen twenty-four inches (18 24") as measured from the surrounding soil line and at a minimum thirty-six (36") spacing. Section 4.2.4.1 Screening (a) Nonresidential and Multiple-Family Screening Required (New Construction). (2) b. If screening is achieved by an opaque screening wall, Tthere shall be a minimum 25-foot wide landscape buffer between nonresidential or multiple- family and all single-family uses. The buffer shall include large shade trees with a minimum two-inch (2") caliper measured at twelve inches (12") above the root ball shall be provided, with the total caliper inches equal to at least one inch (1") for each ten feet (10') of lot depth. except This buffer shall be at least thirty (30) feet wide if screening is achieved above by a vegetative screen and not an opaque screening wall. tThe 30' buffer described shall include landscaping to provide a semi-opaque screen utilizing the following: i. Large shade trees with a minimum two-inch (2") caliper measured at twelve inches (12") above the root ball shall be provided, with the total caliper inches equal to at least one inch (1") for each ten feet (10') of lot depth. ii. Ornamental trees with a minimum two-inch (2") caliper measured at 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 lot depth, except for Public Educational Facilities, which are exempt from this requirement. iii. A minimum of sixty percent (60%) of required trees shall be evergreen with year-round foliage. Wage RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE iv. At the time of planting, a minimum of three feet (3') shall be provided between a tree trunk and the back of any curb and eight feet (8') between a tree trunk and any planned or existing underground public utility lines. v. At the time of planting, a minimum of six feet (6') shall be provided between individual trees. Section 4.2.4.1 Screening (b) Parking Area Screening Along Major and Secondary Thoroughfares. Landscaping shall be required for the screening of parking areas along major thoroughfares or secondary thoroughfares when nonresidential parking areas are located on the nonresidential lot such that they are adjacent to such roadways (i.e., there is no building between the parking area and the lot line adjacent to the roadway). In such case, parking areas shall be screened by a continuous hedge of shrubs that are maintained at a height of no more than thirty-six inches (36") nor less than-eighteen twenty-four inches (4-8L 24") as measured from the surrounding soil line and at a minimum thirty-six (36") spacing. Section 4.2.4.1 Screening (d) General Screening. (1) The following requirements shall be in addition to the foregoing landscaping and planting requirements: a. All loading spaces and docks, outside storage areas including open storage, storage in containers and boxes not designed to be permanently affixed to real property, refuse containers/areas, mechanical and electrical equipment, and the rear of nonresidential uses/structures on double frontage lots, must be screened from view from the street or public rights-of-way and adjoining properties. b. Approved screening techniques include masonry, evergreen vegetative screens, landscape berms, existing vegetation, or any combination thereof. In any case in which a fence/wall is constructed to provide screening, landscaping elements shall be incorporated along a majority of the fence/wall. Screening for ground mounted mechanical, electrical equipment shall consist of a decorative wall or architectural element of the building that is one hundred percent (100%) opaque and equal to or exceeds the height of the area being screened. Shrubbery shall be a minimum of three feet (3') in height at the time of planting, planted every three feet (3') or less on center, and have year-round foliage. Also, in the case of roof-mounted mechanical equipment, parapet roof structures are approved for screening such equipment. 10 1 Page RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE 3. Clarifications and Corrections The third category contains amendments to the text to correct typographical and text errors and omissions. The following table provides a summary of the changes followed by the specific language to change each section of the UDC: CHANGES 1. Suburban Development District— remove as default zone for annexations 2. Correction of zoning category for façade requirements 3. Include outdoor activity in GC zone 4. Clarify the width of flag lot in residential districts 5. Refer to the correct section in the UDC for sign permits 6. Clarify minimum percentage of office area for Office Warehouse to distinguish between this use and Warehouse and Distribution uses. 7. Clarify that Planning Director determines if the buffer meets the requirements are met, not the Building Official. 1. Correction that Suburban Development District (SD) is not a default district for newly annexed land. Section 2.4.2.1 SD, Suburban Development District (a) Purpose. The Suburban Development District (SD) is intended to provide areas for land that is relatively undeveloped and/or agricultural in nature. The SD District ib . _ . _ . . - . . -- . .nd that is not yet ready to be zoned for a 11IPage RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE 2. The correct zoning category is named GC not t C and delete BP-288 that is mentioned in the foot note. Section 2.6.2.1 Applicability & Requirements Table 2-2 Building Façade References By Roadway Classification & Zoning District ZONING DISTRICTS ROADWAY MF, C-MU, G/O-MU, OP, CLASSIFICATION NS, GB, C GC, M-1, M-2 BP-288 Thoroughfare (1) (4) Collector (1) (2) (4) Other (1) (2) (3) (2) (3) 'Refer to individual zoning district regulations for facade material requirements for the Spectrum district,BP-788 district.OT District,and COD district. 3. This change is an expansion of uses in the General Commercial (GC) zoning district to allow specific outdoor uses and the incidental display of seasonal merchandise, as is already allowed in the less intensive General Business (GB) zoning district. Staff believes it was an error that these activities were allowed in GB but not also in GC. Section 2.4.4.6 GC, General Commercial District (e) Outdoor Activities or Uses. In connection with any permitted use, there shall be allowed outdoor activities or uses subject to the following limitations: (1) Except as provided below, out of doors display, storage and sale of merchandise, equipment and vehicles shall be permitted. (2) Out of doors display, storage and sale of merchandise, equipment and vehicles shall not be permitted on property adjacent to a residential zoning district. a. Such activities/uses shall be permitted on such property upon City Council approval of a Conditional Use Permit (in accordance with Article2, Division 3 of this chapter) authorizing said activities/uses. 12 RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE 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. (3) In connection with any permitted use, there shall be allowed outdoor activities or uses and the incidental display of merchandise out of doors subject to the following limitations: a. 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. b. 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 four (4) events 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: That there is an adequate off-street parking area, approved by the City; and ii. 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. 4. Clarify the configuration of flag lot in residential districts. Section 2.6.1.1 Area & Building Regulations 1. Flag lots , - • • ••• - , - -- -• - - e-, -• .e- - • - - .. - - - • - - . Comm-ission, in residential zoning districts shall be permitted upon approval by the Planning & Zoning Commission, provided such lots shall have a minimum frontage of fifty feet (50'). 5. Refer to the correct section in the UDC. Section 4.1.2.6 Sign Permit (c) Exemptions. The following signs and activities do not require a sign permit: (7) Flags authorized by Section 4.2.2.5 4.2.5.5 (e). 13 RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE 6. Clarify minimum percentage of office area for Office Warehouse uses. Section 5.1.1.1 General Definitions (287)OFFICE WAREHOUSE STORAGE OR SALES: An establishment with more warehousillg where not more than 75% of the total floor area is devoted to warehousing, and may include the sales of office products, but sales are not generally accessible to the public. 7. Clarify that Planning Director determines if the buffer meets the requirements are met, not the Building Official. Section 4.2.4.1 Screening (b) Nonresidential and Multiple-Family Screening Required (New Construction). (2) e. The Building-O#fsial Planning Director shall determine if the buffer meets the requirements of this section. 4. Addition to Corridor Overlay District This amendment will add Manvel Road (FM 1128) to the Corridor Overlay District. Manvel Road is a Major Thoroughfare and contains three schools and some new subdivisions. This amendment will ensure higher standards for development. Section 2.4.5.1 COD, Corridors Overlay District (b) District Boundaries. The COD standards apply to the future development and use of all land with lot frontage on either side of the street right-of-way along the following specified major thoroughfares: (13) Manvel Road (FM1128): For the full length of the roadway within the City limits. 5. Platting Clarifications For single family residential properties where existing septic systems are proposed to be replaced or repaired without any expansion, this text amendment will allow those properties to be exempt from platting, both in the City and in the City's ETJ. Similar to the current provision in the UDC for limited expansions for single family homes on unplatted lots, in lieu of a plat a survey will be sufficient to ensure that there are no encroachments on rights-of- way and other easements that may be detrimental to the City or the property owner. Additionally, the requirement for a Development Plat shall be amended to exempt those properties that may be approved through the other platting procedures contained in the UDC. The following are the proposed UDC changes: 14IPage RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE 1. Repair or replacement of a septic system: This text amendment will allow repair or replacement of a septic system, where the only proposed change to the property is the repair or replacement of the septic system, to be exempt from platting requirements in the City and in the City's ETJ. Section 3.1.1.1 Authority, Purpose & Applicability (c) Applicability. (1) The provisions of this Chapter 3 apply to any non-exempt (see Section 3.1.1.3) division of land, combination of separate land parcels, and/or development of land within the corporate boundaries of the City and within its extraterritorial jurisdiction. (2) No permit shall be issued for any building or structure on a property until a subdivision or a development plat has been approved and filed for record with the following exceptions: a. Permits for repair or remodeling of an existing structure or for site improvements (parking areas, driveways, etc.) which involves no increase in square footage of any structure or paving; or b. Demolition permits, or permits for removal of a structure from a parcel or tract. c. A building permit may be issued for a Public Educational Facility prior to platting, but no certificate of occupancy shall be issued until after approval and recordation of the final plat. d. Permits for the replacement of an existing septic system from owner or occupant of the property located in the City or the City's ETJ where the sole proposed change to the property is the replacement of the septic system A survey of the lot prepared by a licensed surveyor for the State of Texas shall be filed with the City of Pearland in hard copy and electronic form with the following information: 1. the corners and boundaries of the lot; 2. the location of all existing structures and known easements; 3. the location and width of all abutting rights-of ways; and 4. a floodplain statement for the lot; 5. the location of the existing septic system; and, 6. the location of the proposed replacement septic system. 2. Single Lot Residential Plat: This clarifies that a Development Plat is applicable for single lot residential development, instead of Minor Subdivision Plat. The process of approval will still be administrative and will not change. 15iPage RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE Section 3.1.1.2 Types of Plats Required (a) Subdivision Plats. A Final Subdivision Plat or a Minor Subdivision Plat shall be approved prior to any non-exempt land division. (b) Development Plats. A Final Development Plat shall be approved prior to development of any tract or parcel for which no subdivision plat is required, or prior to development of any lot in a subdivision for which dedication of any right-of-way for construction or maintenance of public improvements is required by this Unified Development Code. a _ __ •-• _ - . - . _ __ _ - - within the City's extra Section 3.1.4.1 Purpose and Effect (a) Purpose. The purpose of the Development Plat is to assure that the division or development of the land subject to the plat is consistent with all standards of this Unified Development Code pertaining to the adequacy of public facilities, that public improvements to serve the subdivision or development have been proposed in accordance with the City of Pearlands requirements, that all other requirements and conditions have been met or planned for to allow the plat to be recorded, and to assure that the subdivision or development meets all other standards of this Unified Development Code to enable initiation of site preparation activities for any lot or tract being platted. The Development Plat is applicable for an integrated business development that proposes a subdivision of any number of non-residential or multi-family residential lots, that require extension of municipal facilities only to serve the specific development being platted or platting of single lots, and where delay in construction or deferral of municipal facilities does not affect the city or any other parcel. (b) Applicability. a !- :ea- • - . . .. __ •- •- - -_. . • .. -- _ -- - . . _ e.-e. - _ _ . . - . A Development Plat application under this division shall be required for any development except those that may be approved through the other platting procedures of Chapter 3. 16IPage 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 Ordinance No. 2000-T-21, a true copy of which is hereto annexed was published in said newspapers in its issue(s) of September 21, 2016. e Publisher's Representative Sworn to and subscribe. : ore me this /74.4 day of_a 11. 1X,' 2016. r C ti pY PO CYNTHIA It RaDRIGUEZ:° , Not ublic %I + \ w Sta1GIfTexas Not ry Public -V!" y # I 7p1 - ' M CommID.Ex?-1I' is 041-146-2020 My commission expires on g .20 I . - • rl 1�Page 18A, Wednesday, September 21, 2016 Z1 • ' Bay Area Citizen ••Friendswood Journal • Pearland Journal I - Legal Notices a _` ®I Legal Notices Ordinance No.2000-T 21 . 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. PASSED and APPROVED ON SECOND,AND FINAL READING this the 12th day of September,2016. • TOM REID _ /S/ ATTEST MAYOR • RECORD SECOND AND FINAL READING YOUNG LORFING,TRMC September 12.2016 CITY SECRETARY Voting"Aye"—Councilmembers,Moore, Carbone,Reed,Ordeneaux,Hill,and Perez. Voting"No"—None • APPROVED AS TO FORM • . Motion passes 6 to 0. PUBLICATION DATE:September 21,2016 EFFECTIVE DATE:September 12,2016 PUBLISHED AS REQUIRED BY SECTION DARRIN M.COKER CITY ATTORNEY 3.10 OF THE CHARTER OF THE CITY OF PEARLAND,TEXAS