R2019-CUP19-00012 2019-10-07RESOLUTION R2019- CUP19-00012
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow an assisted living facility within
Neighborhood District (NS) District, Being all of Lots 15 & 16, Block 3 of the
Skyway Manor Subdivision, an addition in the City of Pearland, Brazoria
County, Texas, as recorded in the in Volume 7, Page 67 of the Plat Records
of Brazoria County, Texas.. (Located at 2919 Manvel Rd. Pearland,
TX). Conditional Use Permit Application No CUP19-00012, within the
Neighborhood Service (NS) District, at the request of Craig Garcia, applicant,
on behalf of Dr. Tayray Jasmine, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Craig Garcia, applicant, on behalf of Dr. Tayray Jasmine, owner, is
requesting approval of a Conditional Use Permit (CUP) to allow an assisted living facility
on a 1.9 -acre tract of land located within the Neighborhood Service (NS) District 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 7th of October, 2019, 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 advertised in the premises, finds that in the case
of the application of Craig Garcia, applicant, on behalf of Dr. Tayray Jasmine, owner, for
approval of a Conditional Use Permit to allow an assisted living facility on a 1.9 -acre tract
of land; 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
Neighborhood Service (NS) District, is hereby granted a Conditional Use Permit (CUP)
for an assisted living facility, subject to all requirements of the Neighborhood Service (NS)
District, in accordance with all conditions and requirements of the 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: Being all of Lots 15 & 16, Block 3 of the Skyway Manor
Subdivision, an addition in the City of Pearland, Brazoria County, Texas, as
recorded in the in Volume 7, Page 67 of the Plat Records of Brazoria County,
Texas.
General Location: 2919 Manvel Road, Pearland, TX.
Condition(s)
1. The lighting intensity levels shall not exceed one -foot candle at the property
lines and a photometric plan must be approved prior to permitting.
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 and to City Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that the
Resolution 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
Resolution 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.
PASSED, APPROVED, and ADOPTED on this the Ph of October 2019.
ATTEST:
7.0
MARIA E. RODRIGUEZ, TR
INTERIM CITY SECRETAR
DARRIN M. COKER
CITY ATTORNEY
f
TOM REID
MAYOR
Exhibit A
Legal Description
Being all of Lots 15 & 16, Block 3 of the Skyway Manor Subdivision, an addition in the
City of Pearland, Brazoria County, Texas, as recorded in the in Volume 7, Page 67 of the
Plat Records of Brazoria County, Texas.
Exhibit B
Vicinity Map
Exhibit 1
CUP 19-00012
Zoning & Aerial Map
Proverbial Care II & III
2919 Manvel Road
Legend
Subject Property
71ttx pndurr u fur tufr...9.mJ purpose gnu
r not have beau, pr epurd fur or he otniabl.
(Or lttal. enttnrrnntor rorrryint purpu.r.
dot• not rprown1 an on the eruutd ane. ,nu
reprearura only the appivuusate teLtire 4..:. ri
rmf pnrpntr houndanea
1 inch = 250 feet
.\l;t1 2n, .019
111.. 2'21112C1 npl'.\NT I NT
Exhibit C
Online Notification
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE
PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS,
REGARDING:
Conditional Use Permit Application: CUP 19-00012
A request by Craig Garcia, applicant, on behalf of Dr. Tayray Jasmine, owner, for approval
of a Conditional Use Permit (CUP) to allow an assisted living facility on 1.9 acres of land
located within the Neighborhood Service Zoning District (NS); to wit:
Legal Description: Being all of Lots 15 & 16, Block 3 of the Skyway Manor Subdivision,
an addition in the City of Pearland, Brazoria County, Texas, as recorded in the in Volume
7, Page 67 of the Plat Records of Brazoria County, Texas.
General Location: 2919 Manvel Road, Pearland, TX.
Summary: Proverbial Care II & III proposes to construct two (2) small Type -B assisted
living facilities to provide long term care for seniors with each unit containing 16 beds.
Assisted living facility is defined as a congregate residence facility for four (4) or more
elderly (over 55 years of age) persons, who need limited assistance with daily living
activities. A limited number of support services such as meals, laundry, housekeeping,
transportation, social/recreational activities, hairdressing, etc. may be provided or
associated with the assisted living facility. Units may be attached or detached, single- or
double -occupancy, and may include limited or full kitchen facilities. Full-time medical or
nursing care is not typically provided by the facility, but may be privately arranged for by
individual residents on a part-time or temporary basis.
THE PUBLIC HEARING WILL BE HELD IN THE
Council Chamber at City Hall
LOCATED AT
3519 Liberty Drive, Pearland, Texas
At 6:30 P.M., Monday, September 9, 2019
You are receiving this notice because appraisal district records indicate that you own
property within 200 feet of the subject property identified on the attached map. You are
invited to attend the public hearing and voice your support or opposition for the above
reference request. If you have comments please feel free to email them to
agonzales@pearlandtx.gov or submit a public comment form using the above application
number to reference this case. For more information on this request and your involvement
in the hearing process, visit our website at www.pearlandtx.gov/public-hearings.