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Ord. 2000M-217 2021-09-08_FailedOrdinance No. 20001V-217 An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property; being all of Lots 14, 15 & 16 of Amending Plat of the Plat of Replat of Pearland Town Center, a subdivision recorded in File No. 200805836 in the Official Records of Brazoria County, Texas (Located South of 11200 Broadway Street, Pearland, Texas). Zone Change Application No. ZONE 21-00013, a request by Jennifer Curtis, META Planning & Design LLC, applicant, on behalf of TX - Land Parcels, LLC, owner, for approval of proposed amendments to the Pearland Town Center Planned Unit Development (PUD), to accommodate detached townhomes development on single-family residential lots subdivided for individual ownership within Sub -Area "C" of the PUD, on approximately 13.692 acres of land; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Jennifer Curtis, META Planning &Design LLC, applicant, on behalf of TX -Land Parcels, LLC, owner, for approval of proposed amendments to the Pearland Town Center Planned Unit Development, on approximately 13.692 acres of land on the following described property; said property being legally described in the legal description attached hereto and made a part hereof for all purposes as Exhibit "A," and more graphically depicted in the vicinity map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 2"d day of August 2021, a public hearing was held before the Planning and Zoning Commission of the City of Pearland, Texas, notice being given by online publication on the City website, a copy of which being attached hereto and made I part hereof for all purposes as Exhibits "C4" and "C-2," said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, the Planning and Zoning commission having fully heard the testimony and argument of all interested parties, and having been fully advertised in the Page 12 of 96 premises, submitted its report and recommendation to the City Council regarding the proposed amendments to the Pearland Town Center Planned Unit Development, said recommendation attached hereto and made a part hereof for all purposes as Exhibit 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 their regular meeting on the 2"d day of August 2021; and WHEREAS, on the 13th day of September 2021, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the application for approval of proposed amendments to the Pearland Town Center Planned Unit Development, on approximately 13.692 acres of land; presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate City Limits of the City of Pearland, Texas, and presently being located within the Pearland Town Center Planned Unit Development, is hereby granted approval for amendments to the Planned Unit Development regulations, in accordance with all conditions and requirements of the current Unified Development Code and the amendments approved by the City Council attached hereto and made a part hereof for all purposes as Exhibit "E"; and, such property being more particularly described as: Page 2 of 10 Ord. No. 2000M-217 Page 13 of 96 Legal Description: Being Lots 141 15 & 16 of Amending Plat of the Plat of Replat of Pearland Town Center, a subdivision recorded in File No. 200805836 in the Official Records of Brazoria County, Texas. General Location: South of 11200 Broadway Street, PearlCl" d, TX. Section II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. Section IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional 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 V. All rights and remedies, which have accrued in the favor of the City under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. This Ordinance shall become effective after its passage and approvaI on second and final reading. Page 3 of 10 Ord. No. 2000M-217 Page 14 of 96 PASSED, APPROVED, and ADOPTED on First Reading this 13t" day of September 2021. J. KEVIN COLS MAYOR ATTEST: CRYSTAL ROAN, TRMC, CMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27tn day of September 2021. ATTEST: CRYSTAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY J. KEVIN COLS MAYOR Page 4 of 10 Ord. No. 2000M-217 Page 15 of 96 Exhibit Legal Description Being Lots 141 15 & 16 of Amending Plat %J the Plat of Replat of PearlCA" d Town Center, a subdivision recorded in File No. 200805836 in the Official Records of Brazoria County, Texas. Page 5 of 10 Ord. No. 2000M-217 Page 16 of 96 Exhibit "0 Vicinity Map Page 6 of 10 Ord. No. 2000M-217 Page 17 of 96