R2020-CUP20-00005-1 2021-04-19 •
RESOLUTION R2020- CUP20-00005-1
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A resolution of the City Council of the City of Pearland, Texas, approving an
extension to R2020-CUP20-00005 that allows 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).
WHEREAS, on the 11th day of May 2020 by Resolution R2020-CUP20-00005,
City Council approved a Conditional Use Permit;
WHEREAS, Conditional Use Permits expire if: (1) a building permit for the use
has not been approved within one year of the date of approval of the Conditional Use
Permit; (2) the building permit subsequently expires'; (3) the use has been discontinued
for a period exceeding six months; or (4) a termination date attached to the permit has
passed; S
WHEREAS, CUP20-00005 is set to expire on the 11th day of May 2021, because
a building permit for the use has not been approved within one year of the date of ,.
approval of the Conditional Use Permit;
WHEREAS, Allan Mueller,applicant, on behalf G & G Partners LLC, owner, has
submitted an application to extend the Conditional Use Permit and in the judgement of
City Council the request for extension should be granted, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The previously issued Conditional Use Permit for the following
described property located within the corporate City Limits of the City of Pearland,
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Texas, and presently being located within the Neighborhood Service (NS) District, is
hereby extended to an expiration date of May 11t1, 2022:
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.
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 City
Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the extension of the CUP 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 Resolution and its amendments thereto, shall be and are preserved for the
benefit of the City.
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Section VI. This Resolution shall become effective after its passage and
approval.
PASSED, APPROVED, and ADOPTED on this the 19th day of April 2021.
EVIN COLE
AYO R
ATTE T:
AL ROAN, TRMC, CMC • s
CI SECRETARY �_
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DARRIN M. COKER
CITY ATTORNEY