R2020-CUP20-00005 2020-05-11RESOLUTION R2020- CUP20-00005
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow an assisted living center within
the Neighborhood Services (NS) District, on approximately 9.61 acres,
being a tract or parcel of land containing 9.6135 acres of land, (418,766
Square feet), out of lot 76, George W. Jenkins Subdivision of the lower one-
fourth, (1/4), of the W.D.C. Hall survey. Abstract no. 70, according to the
map or plat recorded in Volume 79, page 616, of Brazoria County, Texas
(Located at 3205 Dixie Farm Road, Pearland, Texas). Conditional Use
Permit Application No CUP20-00005, within the Neighborhood Services
District, at the request of Allan Mueller, applicant, on behalf G & G Partners
LLC, owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
WHEREAS, Allan Mueller, applicant, on behalf G & G Partners LLC, owner, is
requesting approval of a Conditional Use Permit (CUP) to allow an assisted living center
within the Neighborhood Services (NS) District, on approximately 9.61 acres 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 11th day of May, 2020, 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 Allan Mueller, applicant, on behalf G & G Partners LLC,
owner, is requesting approval of a Conditional Use Permit (CUP) to allow an assisted
living center within the Neighborhood Services (NS) District, on approximately 9.61
acres 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)
to allow an assisted living center, subject to all requirements of the Neighborhood
Service (NS) District and the Corridor Overlay 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
s:
Legal Description: Being a tract or parcel of land containing 9.6135 acres of
land, (418,766 Square feet), out of lot 76, George W. Jenkins Subdivision of the
lower one-fourth, (1/4), of the W.D.C. Hall survey. Abstract no. 70, according to
the map or plat recorded in Volume 79, page 616, of Brazoria County, Texas.
General Location: 3205 Dixie Farm Road, Pearland, Texas.
Conditions:
1. The proposed Assisted Living shall be constructed in substantial
conformance to the architectural style and materials in the attached
renderings provided by the Applicant (Exhibit "D").
2. The proposed Assisted Living shall be restricted to a single story.
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.
PASSED, APPROVED, and ADOPTED on this the 11th day of May 2020.
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TOM REID
MAYOR
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CITY SECRETARY
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DARRIN M. COKER
CITY ATTORNEY " "��.,,,,it,,,,'
Exhibit A
Legal Description
Being a tract or parcel of land containing 9.6135 acres of land, (418,766 Square feet),
out of lot 76, George W. Jenkins Subdivision of the lower one-fourth, (1/4), of the
W.D.C. Hall survey. Abstract no. 70, according to the map or plat recorded in Volume
79, page 616, of Brazoria County, Texas.
Exhibit B
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Exhibit C
Online Notification
CITY OF PEMLAND
3523 Liberty Drive, Pearland, Texas 77581
281.652.1765 FAX: 281.652.1702 www.peariandtx.gov
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 20-00005
A request by Allan Mueller, applicant, on behalf G & G Partners LLC, owner, for
approval of a Conditional Use Permit to allow an assisted living facility, in the
Neighborhood Services District (NS); to wit:
Legal Description: Being a tract or parcel of land containing 9.6135 acres of
land, (418,766 Square feet), out of lot 76, George W. Jenkins Subdivision of the
lower one-fourth, (1/4), of the W.D.C. Hall survey. Abstract no. 70, according to
the map or plat recorded in Volume 79, page 616, of Bramria County, Texas.
General Location: 3205 Dixie Farm Road, Pearland, Texas.
Summary: The applicant proposes to construct an Assisted Living Facility on a
portion of the 9.6 -acre property.
THE PUBLIC HEARING WILL BE CONDUCTED VIA
TELEPHONE/VIDEO CONFERENCE
on:
Monday, May 11, 2020 at 6:30 P.M.
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 voice your support or opposition for the above referenced
request by submitting comments or requesting to speak remotely, You may submit
comments by email to mbireimaCgoearlandtx.gov or submit a request to speak
remotely during the tele -conference. The public will be permitted to offer public
comments telephonically as provided by the agenda and as permitted by the
presiding officer during the meeting. All speakers MUST register in advance
(Monday, May 11, no later than 12 p.m.). All public comments will ONLY occur at
the beginning of the meeting starting at 6:30 p.m. To speak remotely at the May
11 meeting, speakers MUST:
• Submit the online registration form found at:
htto://www. peariandtx_gov/departments/cilysecretarX/speaker-reauest
registration -form.
• Registration must be received no later 12 p.m. on Monday, May 11. Once
the registration form is received, residents will receive either an email or
phone call providing them a telephone number to call on Monday, May 11.
• Speakers must call in at least 30 minutes prior to the start of the meeting in
order to speak, late callers will not be accepted and will not be able to
speak.
Exhibit "D"