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Ord. 2000T-37 2022-09-12 Ordinance No. 2000T-37 An Ordinance of the City Council of the City of Pearland, Texas, for the purpose of amending to the Unified Development Code of the City of Pearland, Texas, Ordinance No. 2000T, Chapter 4, Section 4.2.4.3 (a), Fencing Regulations of the Unified Development Code, to allow additional height for residential fences within the front yards of residential properties fronting on identified Thoroughfares; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, on the 18th day of July, 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, 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 18th day of July 2022, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council, whereby the Commission recommended approval of the amendments, 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 DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Page 2 of 5 Ord. No. 2000T-37 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 jurisd iction, 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict.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 Unified Development Code as provided hereinabove. Section 6. Publication and Effective Date. The City Secretary sha ll 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. DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Page 3 of 5 Ord. No. 2000T-37 PASSED, APPROVED, and ADOPTED on First Reading this 8th day of August 2022. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th day of September 2022. ________________________ J. KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _____________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Page 4 of 5 Ord. No. 2000T-37 Exhibit A Legal Notice DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Page 5 of 5 Ord. No. 2000T-37 Exhibit B Planning and Zoning Commission Recommendation Letter Recommendation Letter July 20, 2022 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Amendments to the Unified Development Code – 2000-T-37 Honorable Mayor and City Council Members: At their regular meetings on July 18, 2022, the Planning and Zoning Commission considered the following: A request by the City of Pearland, applicant, for approval of proposed amendments to the Unified Development Code (UDC), Ordinance No. 2000T, in accordance with Section 1.1.4.1 of the Unified Development Code, to include: 1. Amendments to Chapter 4, Section 4.2.4.3 (a), Fencing, of the Unified Development Code, to allow additional height for residential fences within the front yards of residential properties fronting on identified thoroughfares. Staff presented the amendment to the UDC on fence height for front yards facing Collector and Thoroughfare classified Roads from 4’ to 6’ by right. The P&Z had no additional comments and were in favor of what staff proposed. After brief discussion, the Commission took a vote, the motion to approve the requested UDC amendments was approved by a vote of 4-0. Sincerely, Martin Griggs, AICP , CNU-A Planning Manager On behalf of the Planning and Zoning Comm ission DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D