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Ord. 2000M-247 2023-04-10 Ordinance No. 2000M-247 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 described as 6.4566 acres of land out of the James Hamilton Survey, Abstract No. 876 in Harris County, Texas, same being part of Lots 13½ and 20 of Block F of Allison-Richey Gulf Coast Home Company Suburban Gardens Subdivision, the plat of which is recorded in Volume 3, Page 40 of the Harris County Map Records (located at the southwest corner of Sam Houston Parkway West and Hooper Road). Zone Change Application No. ZONE 22-32, a request by Katherine Beckett, HDR Inc, applicant, on behalf of Healgen Scientific LLC., owner, for approval of a zone change from Light Industrial (M-1) District to Planned Development (PD) District, incorporating approximately 6.4566 acres of land into the LNR Clear Creek Planned Development and including proposed deviations to PD regulations associated with the subject property; 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, Katherine Beckett, HDR Inc, applicant, on behalf of Healgen Scientific LLC., owner, is requesting approval for a zone change from Light Industrial (M-1) District to Planned Development (PD) District, incorporating approximately 6.4566 acres of land into the LNR Clear Creek Planned Development and including proposed deviations to PD regulations associated with the subject 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 6th of March 2023, 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 a part hereof for all purposes as Exhibit "C,” said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and DocuSign Envelope ID: 6235879A-ADC6-4F39-8021-A9DCE0B56F63 Page 2 of 10 Ord. No. 2000M-247 WHEREAS, the Planning and Zoning commission having fully heard the testimony and argument of all interested parties, and having been fully advertised in the premises, submitted its report and recommendation to the City Council regarding the proposed zone change from Light Industrial (M-1) District to Planned Development (PD) District, said recommendation attached hereto and made a part hereof for all purposes as Exhibit “D”; 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 their regular meeting on the 6th day of March 2023; and WHEREAS, on the 27th day of March 2023, 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 a zone change from Light Industrial (M-1) District to Planned Development (PD) District, incorporating approximately 6.4566 acres of land into the LNR Clear Creek Planned Development and including proposed deviations to PD regulations associated with the subject property, said PD standards and regulations attached hereto and made a part hereof for all purposes as Exhibit “E”, 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 Light DocuSign Envelope ID: 6235879A-ADC6-4F39-8021-A9DCE0B56F63 Page 3 of 10 Ord. No. 2000M-247 Industrial (M-1) District, is hereby granted approval for Planned Development (PD) District, in accordance with all conditions and requirements of the current Unified Development Code and the amendments approved by the City Council; and such property being more particularly described as: Legal Description: 6.4566 acres of land out of the James Hamilton Survey, Abstract No. 876 in Harris County, Texas, same being part of Lots 13½ and 20 of Block F of Allison-Richey Gulf Coast Home Company Suburban Gardens Subdivision, the plat of which is recorded in Volume 3, Page 40 of the Harris County Map Records. General Location: Southwest Corner of Sam Houston Parkway West and Hooper Road. 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 DocuSign Envelope ID: 6235879A-ADC6-4F39-8021-A9DCE0B56F63 Page 4 of 10 Ord. No. 2000M-247 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 approval on second and final reading. DocuSign Envelope ID: 6235879A-ADC6-4F39-8021-A9DCE0B56F63 Page 5 of 10 Ord. No. 2000M-247 PASSED, APPROVED, and ADOPTED on First Reading this 27th day of March 2023. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10th day of April 2023. ________________________ J. KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _____________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 6235879A-ADC6-4F39-8021-A9DCE0B56F63 Page 6 of 10 Ord. No. 2000M-247 Exhibit A Legal Description 6.4566 acres of land out of the James Hamilton Survey, Abstract No. 876 in Harris County, Texas, same being part of Lots 13½ and 20 of Block F of Allison-Richey Gulf Coast Home Company Suburban Gardens Subdivision, the plat of which is recorded in Volume 3, Page 40 of the Harris County Map Records. DocuSign Envelope ID: 6235879A-ADC6-4F39-8021-A9DCE0B56F63 Page 7 of 10 Ord. No. 2000M-247 Exhibit “B” Vicinity Map DocuSign Envelope ID: 6235879A-ADC6-4F39-8021-A9DCE0B56F63 Page 8 of 10 Ord. No. 2000M-247 Exhibit “C” Legal Advertisement DocuSign Envelope ID: 6235879A-ADC6-4F39-8021-A9DCE0B56F63 Page 9 of 10 Ord. No. 2000M-247 Exhibit D Planning and Zoning Commission Recommendation Letter Recommendation Letter March 7, 2023 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Zone Change Application No. ZONE 22-32 Honorable Mayor and City Council Members: At their regular meeting on March 6, 2023, the Planning and Zoning Commission considered the following request: Request: Katherine Beckett, HDR Inc, applicant, on behalf of Healgen Scientific LLC., owner, for approval of a zone change from Light Industrial (M-1) District to Planned Development (PD) District, incorporating approximately 6.4566 acres of land into the LNR Clear Creek Planned Development and including proposed deviations to PD regulations associated with the subject property. Legal Description: 6.4566 acres of land out of the James Hamilton Survey, Abstract No. 876 in Harris County, Texas, same being part of Lots 13½ and 20 of Block F of Allison-Richey Gulf Coast Home Company Suburban Gardens Subdivision, the plat of which is recorded in Volume 3, Page 40 of the Harris County Map Records. General Location: Southwest Corner of Sam Houston Parkway West and Hooper Road. The Planning & Zoning Commission conducted a public hearing and discussed the proposed zone change request at their regular meeting on March 6. At the meeting, the applicant’s team presented the proposed project to the Commission. There was no comment from the public. The Commission generally discussed the architecture of the building and its prominence along the Beltway. After discussion, the Commission voted to approve the requested zone change from M-1 to PD with proposed deviations by a vote of 5-0. DocuSign Envelope ID: 6235879A-ADC6-4F39-8021-A9DCE0B56F63 Page 10 of 10 Ord. No. 2000M-247 Sincerely, Martin Griggs, AICP, CNU-A Assistant Director On behalf of the Planning and Zoning Commission DocuSign Envelope ID: 6235879A-ADC6-4F39-8021-A9DCE0B56F63