R2022-CUP22-25 2023-02-13RESOLUTION R2022- CUP22-25
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Assisted Living use within the
Neighborhood Service (NS) District, on approximately 9.6135 acres of land,
being a tract or parcel of land containing 9.6135 acres of land, (418,766 square
feet), being out of and a part of Lot 76, George W. Jenkin Subdivision of the
lower one-fourth, (1/4), of the W.D.C. Hall Survey, Abstract No. 70, Brazoria
County, Texas, according to the map or plat thereof recorded in Volume 79,
Page 616, of the Office of the County Clerk of Brazoria County, Texas, said
9.6135 acre tract of land being that certain tract of land as conveyed to Gary
Martin Maynor and wife, Cecelia Maynor, by instrument recorded in document
CF No. 2001045201 of the Office of the County Clerk of Brazoria County,
Texas (located at 3205 Dixie Farm Road, Pearland, TX). Conditional Use
Permit Application No CUP22-25, for Assisted Living use within the
Neighborhood Service (NS) District, at the request of GMS Connects LLC,
applicant, on behalf of G & G Partners Development, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, GMS Connects LLC, applicant, on behalf of G & G Partners
Development, owner, are requesting approval of a Conditional Use Permit (CUP) for
Assisted Living use within the Neighborhood Service (NS) District, on approximately
9.6135 acres of land; 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 17th day of January 2023, a public hearing was held before the
Planning and Zoning Commission 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 Planning and Zoning commission having fully heard the testimony
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and argument of all interested parties, and having been fully advertised in the premises,
finds that in the case of the application of GMS Connects LLC, applicant, on behalf of G
& G Partners Development, owner, for approval of a Conditional Use Permit (CUP) for
Assisted Living use within the Neighborhood Service (NS) District; presented which, in
the judgment of the Planning and Zoning Commission have provided input and
discussion; and
WHEREAS, on the 13th day of February 2023, 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 GMS Connects LLC, applicant,
on behalf of G & G Partners Development, owner, for approval of a Conditional Use
Permit (CUP) for Assisted Living use within the Neighborhood Service (NS) District;
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 Assisted Living use, in accordance with all conditions and requirements of the Unified
Development Code approved by the City Council and incorporated for all purposes, such
property being more particularly described as:
Legal Description: A tract or parcel of land containing 9.6135 acres of land,
(418,766 square feet), being out of and a part of Lot 76, George W. Jenkin
Subdivision of the lower one-fourth, (1/4), of the W.D.C. Hall Survey,
Abstract No. 70, Brazoria County, Texas, according to the map or plat
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thereof recorded in Volume 79, Page 616, of the Office of the County Clerk
of Brazoria County, Texas, said 9.6135 acre tract of land being that certain
tract of land as conveyed to Gary Martin Maynor and wife, Cecelia Maynor,
by instrument recorded in document CF No. 2001045201 of the Office of
the County Clerk of Brazoria County, Texas.
General Location: 3205 Dixie Farm Road, Pearland, TX.
Conditions of approval:
1. The proposed use shall be constructed in substantial conformance
to the architectural style and materials in the renderings provided by
the Applicant.
2. The Assisted Living Facility shall be placed on the site as per the
provided site plan.
3. No use except park or open space shall be allowed in the area east
of the pipeline and this area shall be platted as a reserve dedicated
to park or open space.
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.
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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.
Section VI. This Resolution shall become effective after its passage and
approval.
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PASSED, APPROVED, and ADOPTED on this day, the 13th day of February 2023.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
A tract or parcel of land containing 9.6135 acres of land, (418,766 square feet), being out
of and a part of Lot 76, George W. Jenkin Subdivision of the lower one-fourth, (1/4), of
the W.D.C. Hall Survey, Abstract No. 70, Brazoria County, Texas, according to the map
or plat thereof recorded in Volume 79, Page 616, of the Office of the County Clerk of
Brazoria County, Texas, said 9.6135 acre tract of land being that certain tract of land as
conveyed to Gary Martin Maynor and wife, Cecelia Maynor, by instrument recorded in
document CF No. 2001045201 of the Office of the County Clerk of Brazoria County,
Texas.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Notification
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