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Ord. 1517-3 2019-11-18 ORDINANCE NO. 1517-3 An ordinance of the City Council of the City of Pearland, Texas, approval of an amendment to the City of Pearland Thoroughfare Plan to remove the future extension/alignment of Industrial Drive which will connect the eastern terminus of the existing right of way to Dixie Farm Road; having a savings clause, a severability clause, and a repealer clause; providing for codification and an effective date. WHEREAS, Texas Local Government Code Section 211.004 requires a municipality desiring to regulate the use of land within its corporate limits to adopt a Comprehensive Plan for future development; and WHEREAS, on September 21, 2015, the City Council adopted a Comprehensive Plan setting goals, objectives, policies and criteria for Pearland's physical growth, including the adoption of a Thoroughfare Plan; and WHEREAS, accommodating anticipated growth while preserving a sense of community is critical to the City's proper development; and WHEREAS, on October 21, 2019, 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; and WHEREAS, the Planning and Zoning Commission of the City has submitted its report and recommendation to the City Council regarding the proposed amendment to the Thoroughfare Plan, whereby the Commission recommended to deny the amendment to the Thoroughfare Plan, said recommendation attached hereto and made a part hereof for all purposes as Exhibit "A" and; WHEREAS, upon receipt of the report from the Planning and Zoning Commission, City Council considered this application and the recommendation of the Planning and Zoning Commission at regular meetings on November 11, 2019 and November 25, 2019; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: ORDINANCE NO. 1517-3 Section 1. That City Council hereby amends Thoroughfare Plan portion of the City's Comprehensive Plan, attached hereto as Exhibit "B," as a guide for accommodating anticipated growth while preserving a sense of community in Pearland. Section 2. Savings. All rights and remedies which have accrued in favor of the City under this Chapter 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. Effective Date. The Ordinance shall become effective immediately upon its passage and approval on second and final reading. 2 ORDINANCE NO. 1517-3 PASSED and APPROVED ON FIRST READING this the 1 th dayo No ember, 2019. C gym ) c-�Id F,, TOM REID ,:): '= MAYOR ',,, ATTEST: (--AcuLlc4eritv,' ,4 MARIA RODRIGUEZ, TR '1 INTERM CITY SECRETAR • PASSED and APPROVED ON SECOND AND FINAL READING this the 25th day of November, 2019. 4uAu,,, a_d =U i_ TOM REID MAYOR '',,,* " `,```` ATTEST: '-4,811110,0- Ll' 1/LIO:Li-- 96/Cjet MARIA RODRIGUEZ INTERIM CITY SECRETA APPROVED AS TO FORM: C)(2,...."— C DARRIN M. COKER CITY ATTORNEY 3 ORDINANCE NO. 1517-3 Exhibit A Planning and Zoning Commission Recommendation Letter ,OE PEq�9 TEX AS P1annin & Zoning Commission Recommendation Letter October 22, 2019 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 RE: Recommendation on amendment to the Thoroughfare Plan — Industrial Drive Honorable Mayor and City Council Members: At their regular meeting on October 21, 2019, the Planning and Zoning Commission considered the following: A request by Justin S. Barnett, representing R. West Development Company, applicant, on behalf of Triangle 31 LLC, owner, for approval of an amendment to the City of Pearland Thoroughfare Plan to remove the future extension/alignment of Industrial Drive which will connect the eastern terminus of the existing right of way to Dixie Farm Road. GENERAL LOCATION: Industrial drive extension east to Dixie Farm Road Commissioner Starr made a motion to approve. Commissioner Wicker seconded the motion. Planning Manager Griggs presented the staff report and informed that Based on the analysis of the Thoroughfare Amendment Study performed by Voigt Associates the City Engineer is NOT in support of the abandonment of the extension of Industrial Drive. The conclusions within the report were insufficient to establish that the abandonment of the extension of industrial drive is in the City's best interest, as it was demonstrated that a connection between SH35 and Dixie Farm would provide additional connectivity and 4 ORDINANCE NO. 1517-3 reduce delay at adjacent intersections within the region. The report indicated somewhat mixed results as the addition of signalized intersections on Industrial Drive at SH35 and Dixie Farm would cause some additional delay, the signalization of Industrial Drive and SH35 will most likely be needed regardless of the any additional connections and would make the land within this region more attractive to development. Applicant Justin Barnett with R. West Development, 7918 Broadway #104, Pearland TX 77581, gave a presentation and explained the intentions for the amendment request. Mr. Barnett was available for comments and questions. Chairperson Tunstall was not in favor of the request because he did not think it was a proper land use. The motion was denied by a vote of 2-4. Commissioners Starr and Cade were in favor of the motion while Chairperson Tunstall, Vice-Chairperson Duncan and Commissioners Earles and Wicker were not in favor of the motion. Sincerely, Martin Griggs, AICP, CNU-A Planning Manager On behalf of the Planning and Zoning Commission 5 irlil 4 u '.t AF q r�1• ! ' . 'Q,9,1'O r I THOROUGHFARE PLAN AMENDMENT—INDUSTRIAL DR. I.. ., '11 , p i"' `+ ri x Major Thoroughfares-Sufficient Width • ' i " e c 441 41k7 '� Major Collector Streets-Sufficient Width opilk . o T./ e _Iii .. . 1 - v / 1. 1F • 414. . ,".. ?7 rain"'„,1 7' - 1",. .a • • + T 11F ! , „'z r 3 .aVF �{_.•FIts. . la ka _ kr'' . -&iv 'l''.- . '!a( Al �yy- io .Nat , ., ‘,.. . Eirrollute........4 t ,, dam„,. _ 5 , Focoe<I�M'r i ,r r , t This product is for informational purposes and �� may not have been prepared for or be suitable for legal,engineering,or surveying purposes.It p " * � ` represent7 • does not on-the-ground r :.�. represents only the approximate relative location sr$ of property boundaries. i 1 a II !` _, I 1 inch = 350 feet � � t ' , NOVEMBER 2019 N GIS DEPARTMENT ,-, '”• _ j -