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Ord. 2000M-262 2024-09-23Ordinance No. 2000M-262 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 a 0.3812-acre tract of land, being all of Lot 3, in Block 1 of the Final Plat of Medellin Addition, a subdivision in Brazoria County, Texas, according to the map or plat recorded in County Clerk’s File No. 2005036901 of the Map Records of Brazoria County, Texas (located at Southwest of the Intersection of Glenview Drive and De Leon Lane, Pearland, Texas). Zone Change Application No. ZONE 24-15, a request by the Director of Community Development of the City of Pearland for approval of a permanent zoning classification of Single-Family Residential-3 (R-3) District for a newly annexed tract 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, the Director of Community Development of the City of Pearland, is requesting approval of a permanent zoning classification of Single-Family Residential-3 (R-3) District for a newly annexed tract of land totaling approximately 0.3812 acres; 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 19th day of August, 2024, 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 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 permanent zoning classification of Single-Family Residential-3 (R-3) District Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Page 2 of 9 Ord. No. 2000M-262 for a newly annexed land totaling 0.3812 acres, 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 19th day of August, 2024; and WHEREAS, on the 9th day of September, 2024, 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 for the permanent zoning classification of Single-Family Residential-3 (R-3) District for a newly annexed land totaling 0.3812 acres; 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, is hereby granted approval for the permanent zoning classification of Single-Family Residential-3 (R-3) 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: A 0.3812-acre tract of land, being all of Lot 3, in Block 1 of the Final Plat of Medellin Addition, a subdivision in Brazoria County, Texas, according to the map or plat recorded in County Clerk’s File No. 2005036901 of the Map Records of Brazoria County, Texas. General Location: Southwest of the Intersection of Glenview Drive and De Leon Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Page 3 of 9 Ord. No. 2000M-262 Lane, Pearland, Texas. 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 approval on second and final reading. Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Page 4 of 9 Ord. No. 2000M-262 PASSED, APPROVED, and ADOPTED on First Reading this 9th day of September 2024. ________________________ J. KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd day of September 2024. ________________________ J. KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _____________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Page 5 of 9 Ord. No. 2000M-262 Exhibit “A” Legal Description A 0.3812-acre tract of land, being all of Lot 3, in Block 1 of the Final Plat of Medellin Addition, a subdivision in Brazoria County, Texas, according to the map or plat recorded in County Clerk’s File No. 2005036901 of the Map Records of Brazoria County, Texas. Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Page 6 of 9 Ord. No. 2000M-262 Exhibit “B” Vicinity Map Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Page 7 of 9 Ord. No. 2000M-262 Exhibit “C” Legal Advertisement Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Page 8 of 9 Ord. No. 2000M-262 Exhibit D Planning and Zoning Commission Recommendation Letter Recommendation Letter August 20, 2024 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Zone Change Application No. ZONE 24-15 Honorable Mayor and City Council Members: At their regular meeting on August 19, 2024, the Planning and Zoning Commission considered the following request: Public Hearing: A request by the Director of Community Development of the City of Pearland for approval of a permanent zone classification of Single-Family Residential-3 (R-3) District for a newly annexed tract of land totaling approximately 0.3812 acres, to wit: Legal Description: A 0.3812-acre tract of land, being all of Lot 3, in Block 1 of the Final Plat of Medellin Addition, a subdivision in Brazoria County, Texas, according to the map or plat recorded in County Clerk’s File No. 2005036901 of the Map Records of Brazoria County, Texas. General Location: Southwest of the Intersection of Glenview Drive and De Leon Lane, Pearland, Texas. The Planning and Zoning Commission conducted a public hearing for the proposed zone change request at their regular meeting on August 19, 2024. The landowner was present at the meeting and was available to answer questions. There was no comment from the public. The commission and staff discussed the City as the applicant on the request and the recent annexation of the property. After discussion, the Commission took a motion to recommend approval of the requested zoning assignment of R-3 and the motion passed by a vote of 4-0. The vote by the Commission constitutes a positive recommendation for approval by City Council. Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Page 9 of 9 Ord. No. 2000M-262 Sincerely, Martin Griggs, AICP, CNU-A Deputy Director, Community Development On behalf of the Planning and Zoning Commission Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A