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herewith are hereby repealed but only to the extent of such conflict.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
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Page 6 of 15
Ord. No 20001-21
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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