R2018-CUP18-00019 2018-10-15 RESOLUTION R2018- CUP18-00019
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for an assisted living facility use
located in the Planned Development (PD) zoning district; a 1.372 acre
(59,745sq. ft.) tract of land, out of Lot "B", of Province Village Drive Office
Park and Reserves, as recorded in Brazoria County Plat Records Number
2008019410, Brazoria County, Texas. (Located at east of 2920 Province
Village Drive, Pearland, TX.) Conditional Use Permit Application No
CUP18-00019, within the Planned Development (PD) zoning district, at the
request of Harrell Architects, LP, applicant, represented by Perry Harrell, on
behalf of Office Grove Province GP, LLC, owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Harrell Architects, LP, applicant, represented by Perry Harrell, on
behalf of Office Grove Province GP, LLC, owner is requesting approval of a Conditional
Use Permit (CUP) to allow for an assisted living facility use on approximately 1.372
acres of land on the following described 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 15th day of October 2018, a Joint Special Meeting was held
before the Planning and Zoning Commission and the City Council 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 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 of Harrell Architects, LP, applicant, represented by Perry Harrell, on
behalf of Office Grove Province GP, LLC, owner represented by Jon Spears; for
approval of a Conditional Use Permit on approximately 1.372 acres of land to allow
assisted living facility use; presented which, in the judgment of the City Council, would
justify the approval of said application; now, therefore,
BE IT RESOLVED 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 Planned
Development (PD) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow Auto assisted living facility use, subject to all requirements of the PD zoning
district, in accordance with all conditions and requirements of the current Unified
Development Code and the following conditions approved by the City Council and
incorporated for all purposes, such property being more particularly described as:
Legal Description: a 1.372 acre (59,745sq. ft.) tract of land, out of Lot "B", of
Province Village Drive Office Park and Reserves, as recorded in Brazoria County
Plat Records Number 2008019410, Brazoria County, Texas.
General Location: East of 2920 Province Village Drive, Pearland, TX.
Conditions: the driveway radius and placement can be amended to meet
Engineering Design Criteria Manual requirements, cross access may be
provided, and that the facade be 100% masonry.
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 Resolution shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on this t e 15th f October, 2018.
C
4)44 '77E4 d
TOM REID
MAYOR
ATTEST:
00►11111,4,
1:1-
'NG/4 -FI T C /"‘
ITY S RETARY
C.)4,-.-:- 6-k•-•
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
A 1.372 acre (59,745sq. ft.) tract of land, out of Lot "B", of Province Village Drive Office Park
and Reserves, as recorded in Brazoria County Plat Records Number 2008019410, Brazoria
County, Texas.
Exhibit B
Vicinity Map
:, • • Exhibit 1
::"
.f CUP 18-00019
� �.A�CRF
- _r,
/ �. r ` 'Fk Zoning and Aerial Map
`S' CoQ t P, :1R-2,..:*._ . i East of 2920 Province
-r;. F8' r• Vi I I a e Drive
�� i .s-.. S"rECRE '1
�/.`t` , t'�C C,g c '`•_
...,c77-4---. f . i . I. '''' ''`f ......s.: --.-- 1
Legend
0. '4'5,44k\,
* Q Subject Property
* Pt ^t 4Pf
`. `rte w 'O
ilitiaktAil
v ".� 41*$; , ` » Geo
' ' ` , :
�-
NM,.hrnl nPrN 'EI rwhw ut 1.
, ..,, .% $ t.`+i# r* QPM PUD 5 w■tie �,,,..,"'"Itrte
Y n n'{rtto'n1 n 4L f��RR 1 nC Jrr r
-.-4-.4`,44 .`,'. %A` cnsc 4 ae.Ir �.PPrmJsut daU 6 J .
r = pal pq .rPmP.,..n..t"d,.""
Rk k�CCq OR inch=251)lest
eRQf#41444:41°1'
- - OC1OBER:.'I.
'10�y�y I P ANN;V n raarm KNT
Exhibit C
Online Notification
NOTICE OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 18-00019
Notice is hereby given that on October 15, 2018, at 6:30 p.m., the City Council and
Planning and Zoning Commission of the City of Pearland, in Brazoria, Hams and Fort
Bend Counties, Texas, will conduct a joint special meeting in the Council Chambers of
City Hall, located at 3519 Liberty Drive, Pearland, Texas, at the request of Harrell
Architects, LP, applicant, represented by Perry Harrell, on behalf of Office Grove Province
GP, LLC, owner represented by Jon Spears; for approval of a Conditional Use Permit
(CUP)to allow for an assisted living facility use located in the Planned Development(PD)
zoning district; on approximately 1.372 acres of land, to wit:
a 1.372 acre (59,745sq. ft.) tract of land, out of Lot "B", of Province Village Drive
Office Park and Reserves, as recorded in Brazoria County Plat Records Number
2008019410, Brazoria County, Texas.
General Location: east of 2920 Province Village Drive, Pearland, TX.
At said hearing, all interested parties shall have the right and opportunity to appear and
be heard on the subject. For additional information, please contact the Planning
Department at 281-652-1765.
Martin Griggs
Planning Manager