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Ord. 1517-4 2022-04-11 ORDINANCE NO. 1517-4 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 western extension/alignment of Industrial Drive to Bailey 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 March 7, 2022, a Public Hearing was held before the Planning and Zoning Commission 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 approval 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 March 28, 2022; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: DocuSign Envelope ID: D655D6B0-F001-4000-A00E-129AC1B0B620 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. PASSED and APPROVED ON FIRST READING this 28th day of March 28, 2022. __________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ LESLIE CRITTENDEN CITY SECRETARY DocuSign Envelope ID: D655D6B0-F001-4000-A00E-129AC1B0B620 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11th day of April 2022. ________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ LESLIE CRITTENDEN CITY SECRETARY APPROVED AS TO FORM: ____________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: D655D6B0-F001-4000-A00E-129AC1B0B620 Exhibit A Planning and Zoning Commission Recommendation Letter Recommendation Letter March 8, 2022 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 March 7, 2022, the Planning and Zoning Commission considered the following: A request by Katy Harris, LJA Engineering, Inc, applicant, on behalf of Melissa Burns & Jud’s Food Stores, Inc., owners, for approval of amendment to the City’s Thoroughfare Plan in order to accommodate a proposed Planned Development (PD) District for residential development on several tracts of land totaling approximately 110.127 acres. General Location: The subject property is bounded by the railroad tracks on the west and by Main Street (State Highway 35) on the east and divided by Bailey Road Sincerely, Martin Griggs, AICP, CNU-A Planning Manager On behalf of the Planning and Zoning Commission DocuSign Envelope ID: D655D6B0-F001-4000-A00E-129AC1B0B620