R2023-CUP23-05 2023-03-27RESOLUTION R2023- CUP23-05
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for the expansion of an Assisted Living use
within the Province Village Planned Development (PD) District on
approximately 1.372 acres of land, being described as Lot “B1”, in Block 1,
Amending Plat No. 3 Province Village Drive Office Park and Reserves, a
subdivision in Brazoria County, Texas, according to the map or plat recorded
in Clerk’s File No. 2019027139 of the Official Records of Brazoria County,
Texas (located at 2900 Province Village Drive, Pearland, TX). Conditional
Use Permit Application No CUP23-05, for Assisted Living use within the
Province Village Planned Development (PD) District, at the request of Harrell
Architects, LP, applicant, on behalf of Kevin Caplan representing Pearland
Senior Living, LTD, owner, containing a savings clause, a severability clause,
and an effective date and other provisions related to the subject.
WHEREAS, Kevin Caplan representing Pearland Senior Living, LTD, owner, is
requesting approval of a Conditional Use Permit (CUP) for the expansion of an Assisted
Living use within the Province Village Planned Development (PD) District on
approximately 1.372 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 6th day of March 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
and argument of all interested parties, and having been fully advertised in the premises,
finds that in the case of the application of Kevin Caplan representing Pearland Senior
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Living, LTD, owner, for approval of a Conditional Use Permit (CUP) for the expansion of
an Assisted Living use within the Province Village Planned Development (PD) District;
presented which, in the judgment of the Planning and Zoning Commission have provided
input and discussion; and
WHEREAS, on the 27th day of March 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 Kevin Caplan representing Pearland
Senior Living, LTD, owner, for approval of a Conditional Use Permit (CUP) for the
expansion of an Assisted Living use within the Province Village Planned Development
(PD) 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 Province
Village Planned Development (PD) District, is hereby granted a Conditional Use Permit
(CUP) for the expansion of an 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: Lot “B1”, in Block 1, Amending Plat No. 3 Province
Village Drive Office Park and Reserves, a subdivision in Brazoria County,
Texas, according to the map or plat recorded in Clerk’s File No.
2019027139 of the Official Records of Brazoria County, Texas.
General Location: 2900 Province Village Drive, Pearland, TX.
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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 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 27th day of March 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
Lot “B1”, in Block 1, Amending Plat No. 3 Province Village Drive Office Park and
Reserves, a subdivision in Brazoria County, Texas, according to the map or plat recorded
in Clerk’s File No. 2019027139 of the Official Records of Brazoria County, Texas.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Notification
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