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HomeMy WebLinkAboutOrd. 2000M-270 20250428Ordinance No. 2000M-270 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 properties within the Brazoria County Municipal Utility District No. 16 adopted by Ordinance No. 1645 (located North of Broadway Street, west of Reid Boulevard, east of Stone Road, and south of the northern boundary of Lakeside Estates Section 1, with the exclusion of 2350 Reid Boulevard). Zone Change Application No. ZON2025-0036, a request by the Director of Community Development of the City of Pearland for approval of a permanent zone classification for the land previously within the Brazoria County Municipal Utility District No. 16, as follows: a) General Business (GB) District for newly annexed tracts of land as described in the following plats: Pearland Asian Town, Oak Square Subdivision, and Reserves B, C, and Oak Road within Avalon Terrace Section 1 within 270’ of Broadway Street; b) Single-Family Residential-3 (R-3) District for newly annexed tract of land as described in the following plats: Avalon Terrace Section 1 [excluding Reserves B, C, and Oak Road within 270’ of Broadway Street], Avalon Terrace Section 2, Avalon Terrace Section 3, Avalon Terrace Section 4, Avalon Terrace Section 5, Avalon Terrace Section 6, and City of Pearland Sports Complex; c) Suburban Residential-12 (SR-12) District for newly annexed tracts of land as described in the following plat: Lakeside Estates Section 1; d) Suburban Development (SD) District for all areas excluded in plats and areas stated above; 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, Director of Community Development of the City of Pearlan d, requests approval of a permanent zone classification for the land previously within the Brazoria County Municipal Utility District No. 16, as shown on Exhibit “E”; said property being legally described in the legal description attached hereto and made a part hereo f 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 24th day of March, 2025, 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 o f which being attached hereto and made Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA Page 2 of 10 Ord. No. 2000M-270 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 he ard 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 zone classification for the land previously within the Brazoria County Municipal Utility District No. 16, as shown on Exhibit “E”, 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 24th day of March, 2025; and WHEREAS, on the 14th day of April, 2025, the City Council having fully heard the testimony and argument of all interested parti es, and having been fully advised in the premises, finds that in the case of the application for approval for the permanent zone classification for the land previously within the Brazoria County Municipal Utility Dist rict No. 16, as shown on 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, is hereby granted approval for the permanent zone classification for the land previously within the Brazoria County Municipal Utility Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA Page 3 of 10 Ord. No. 2000M-270 District No. 16, as shown on Exhibit “E”, in accordance with all conditions and requirements of the current Unified Development Code an d the amendments approved by the City Council; and such property being more particularly described as: Legal Description: All properties within the Brazoria County Municipal Utility District No. 16 adopted by Ordinance No. 1645. General Location: North of Broadway Street, west of Reid Boulevard, east of Stone Road, and south of the northern boundary of Lakeside Estates Section 1, with the exclusion of 2350 Reid Boulevard. 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 prot est 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, a nd 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 pr eserved for the benefit of the City. Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA Page 4 of 10 Ord. No. 2000M-270 Section VI. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 14th day of April 2025. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of April 2025. ________________________ J. KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _____________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA Page 5 of 10 Ord. No. 2000M-270 Exhibit “A” Legal Description  All properties within the Brazoria County Municipal Utility District No. 16 adopted by Ordinance No. 1645. Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA Page 6 of 10 Ord. No. 2000M-270 Exhibit “B” Vicinity Map Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA Page 7 of 10 Ord. No. 2000M-270 Exhibit “C” Legal Advertisement Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA Page 8 of 10 Ord. No. 2000M-270 Exhibit “D” Planning and Zoning Commission Recommendation Letter Recommendation Letter March 25, 2025 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Zone Change Application No. ZON2025-0036 Honorable Mayor and City Council Members: At their regular meeting on March 24, 2025, 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 for the land previously within the Brazoria County Municipal Utility District No. 16, as follows: a) General Business (GB) District for newly annexed tracts of land as described in the following plats: Pearland Asian Town, Oak Square Subdivision, and Reserves B, C, and Oak Road within Avalon Terrace Section 1 within 270’ of Broadway Street, b) Single-Family Residential-3 (R-3) District for newly annexed tract of land as described in the following plats: Avalon Terrace Section 1 [excluding Reserves B, C, and Oak Road within 270’ of Broadway Street], Av alon Terrace Section 2, Avalon Terrace Section 3, Avalon Terrace Section 4, Avalon Terrace Section 5, Avalon Terrace Section 6, and City of Pearland Sports Complex, c) Suburban Residential-12 (SR-12) District for newly annexed tracts of land as described in the following plat: Lakeside Estates Section 1, d) Suburban Development (SD) District for all areas excluded in plats and areas stated above, to wit: Legal Description: All properties within the Brazoria County Municipal Utility District No. 16 adopted by Ordinance No. 1645. Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA Page 9 of 10 Ord. No. 2000M-270 General Location: North of Broadway Street, west of Reid Boulevard, east of Stone Road, and south of the northern boundary of Lakeside Estates Section 1, with the exclusion of 2350 Reid Boulevard. The Planning and Zoning Commission conducted a public hearing for the proposed zone change request at their regular meeting on March 24, 2025. There were two (2) public speakers at the meeting. One speaker stated he was in favor of the proposed GB zoning and the other speaker requested the city to assist the developer with driveway access on Oak Road. The Commission and staff discussed the proposed zoning for the existing detention pond. After discussion, the Commission took a motion to recommend approval of the proposed zone change and the motion passed by a vote of 6-0. The vote by the Commission constitutes a positive recommendation for Council approval. Sincerely, Martin Griggs, AICP, CNU-A Deputy Director, Community Development On behalf of the Planning and Zoning Commission Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA Page 10 of 10 Ord. No. 2000M-270 Exhibit “E” Proposed Zoning Classifications Map Docusign Envelope ID: A26EE0B9-EAB9-46C8-964B-1BE9768F61FA