R2021-CUP21-00009 2021-04-19 RESOLUTION R2021- CUP21-00009
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) a Public School within the Single-family
Residentail-1 (R-1) District, on approximately 20.96 acres of land; being a
20.960 acre tract of land, being all of Lots 11-13, the remainder of Lot 4 and
out of and a part of the remainder of Lots 3 and 5 of Section "G", Allison-Richey
Gulf Coast Homes Company Subdivision, recorded under Volume 4, Page 48
of the Harris County Map Records (H.C.M.R.) and being out of and a part of
the remainder of the called 346.718 acre tract described in the deed to
Meritage Homes of Texas, LLC, recorded under Harris County Clerk's File No.
20130470069 (Located at 8750 Hughes Road, Pearland, Texas).
Conditional Use Permit Application No CUP21-00009, for a Public School
within the Single-family Residentail-1 (R-1) District, at the request of Jim
McSherry, GPD Group, applicant, on behalf of Pasadena Independent School
District, owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
WHEREAS, Jim McSherry, GPD Group, applicant, on behalf of Pasadena
Independent School District, owner, is requesting approval of a Conditional Use Permit
(CUP) for a Public School within the Single-family Residentail-1 (R-1) District; 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 19th of April, 2021, 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 Jim McSherry, GPD Group, applicant, on behalf of Pasadena
Independent School District, owner, for,approval of a Conditional Use Permit for a Public
School within the Single-family Residentail-1 (R-1) District, oh approximately 20.96 acres
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 Single-family
Residentail-1 (R-1) District, is hereby granted a Conditional Use Permit(CUP)for a Public
School, subject to all requirements of the Single-family Residentail-1 (R-1) 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 a 20.960 acre tract of land, being all of Lots 11-13, the
remainder of Lot 4 and out of and a part of the remainder of Lots 3 and 5 of Section
"G", Allison-Richey Gulf Coast Homes Company Subdivision, recorded under
Volume 4, Page 48 of the Harris County Map Records (H.C.M.R.) and being out
of and a part of the remainder of the called 346.718 acre tract described in the
deed to Meritage Homes of Texas, LLC, recorded under Harris County Clerk's File
No. 20130470069.
General Location: 8750 Hughes Road, Pearland, Texas.
Conditions:
1. The proposed use shall be developed in substantial conformance to the •
overall layout as presented in the Applicant's Site Plan.
2. A minimum 6-foot high masonry screening wall shall be provided along the
south and west property lines abutting the residentially zoned properties.
3. The proposed landscape buffer adjacent to the residentially zoned
properties shall include large shade trees with a minimum two-inch (2")
caliper measured at twelve inches (12") above the root ball shall be
provided, with the total caliper inches equal to at least one inch (1")for each
ten feet (10') along the property lines.
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 19th of April 2021.
. KEVIN COLE
MAYOR :
AA L.L.Ak.
CR STAL ROAN, TRMC, CMC
cnSECRETARY
101 -
DARRIN M. COKER
CITY ATTORNEY I
/
.re
e
L44
4
' lLiiiim, l0%
•
•
, .
•