R2024-CUP22-25-1 2024-02-12RESOLUTION R2024- CUP22-25-1
A Resolution of the City Council of the City of Pearland, Texas, approving
an extension to R2022-CUP22-25 that allows 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,
Texas).
WHEREAS, on the 13th day of February 2023 by Resolution R2022-CUP22-025,
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;
WHEREAS, CUP22-25 expires on the 13th day of February 2024, 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, GMS Connects LLC, applicant, on behalf of G & G Partners
Development, 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,
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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,
Texas, and presently being located within the Neighborhood Service (NS) District, is
hereby extended to an expiration date of February 13th, 2025:
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.
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
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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.
PASSED, APPROVED, and ADOPTED on this the 12 th day of February 2024.
_________________________
J. KEVIN COLE
MAYORATTEST:
_______________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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