Ord. 1234 11-14-05 FAILEDFAILED 11/14/05
ORDINANCE NO. 1234
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, GRANTING A VARIANCE REQUEST FOR THE ISSUANCE OF A
BUILDING PERMIT PRIOR TO THE APPROVAL OF THE FINAL PLAT AND
PRIOR TO THE COMPLETION OF THE PUBLIC INFRASTRUCTURE FOR A
PROPOSED HEALTHCARE FACILITY.
WHEREAS, Transwestern Commercial Services ("Transwestern") desires to
construct a Memorial Hermann healthcare facility on a tract of land located at the
intersection of FM 518 and SH 288; and
WHEREAS, the City Council of the City of Pearland understands the urgent need
for healthcare facilities to serve the residents of the City and surrounding communities;
and
WHEREAS, in an effort to construct a healthcare facility in a prompt and
efficient manner, Transwestern has requested a variance to allow the issuance of a
building permit prior to the approval of the final plat and prior to the completion of the
public infrastructure associated with the project; and
WHEREAS, the City Council of the City of Pearland, for the limited purpose of
developing a healthcare facility in the City, desires to authorize the above referenced
variance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The City Council of the City of Pearland hereby grants a variance to
Transwestern for the issuance of a building permit prior to the approval of the final plat
and prior to the completion of the public infrastructure for the proposed healthcare
facility.
ORDINANCE NO. 1234
Section 2. The variance contemplated herein is contingent upon the provision,
by Transwestern to the City, of a Payment and Performance Bond naming the City as
a Dual Obligee under the bond.
Section 3. Declaration of Emergency. The Council finds and determines that the
need to regulate construction inures to the benefit of the public and, therefore, bears
directly upon the health, safety and welfare of the citizenry; and that this Ordinance
shall be adopted as an emergency measure, and that the rule requiring this Ordinance
to be read on two (2) separate occasions be, and the same is hereby waived.
Section 4. Savings. All rights and remedies which have accrued in favor of the
City under this Ordinance shall be and are preserved for the benefit of the City.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable 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 6. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
2
ORDINANCE NO. 1234
PASSED and APPROVED on First and Only Reading this the day of
ATTEST:
, A.D., 2005.
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
3
TOM REID
MAYOR
November 7, 2005
Nicholas Finan
Executive Director of Community Services
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Dear Mr. Finan,
The City of Pearland and Memorial Hermann agree that a Memorial Hermann facility at Broadway
and SH 288 is an important element to the Health and Safety of the residents of Pearland.
Memorial Hermann, Transwestern, DASCO Companies, LLC, and Dannenbaum Engineering
Corporation together have reviewed the City's concerns and offer the following responses. We are
requesting to be placed on the City Counsel meeting agenda for November 14, 2005.
• Item (1) — Memorial Hermann Drive and TxDOT approval for access to Hwy 288:
o The plat submission will not include a proposed connection to State Hwy 288.
o Dannenbaum Engineering plans to meet with TxDOT relative to the proposed tie in
of Memorial Hermann Drive to the future SH 288 feeder road and will provide
meeting notes for council review. A recent schematic reflects that the tie in should
work. We have a confirmed meeting date of 11/9 with TxDOT and will provide
minutes of the meeting to the City.
• Item (2) — Alignment of Business Center Drive (BCD) with Broadway and CBL
development south of Broadway:
o Only the southern end of BCD is being considered for small alignments.
o Any movement in the southern section of BCD will not affect the MHHS property
as it is located in the N.E. corner of the property.
o The northern section is fixed with the location as developed by the Shadow Creek
development. We participated in a conference call with Doug Kneupper, City
Engineer, and he committed to accept plans for review for water/sewer based on
the fixed alignment of the northern section.
o The location of the northern section of BCD has been coordinated and aligned with
the Shadow Creek final design plans and surveys. As this section is near
completion it is our intention to begin the extension of water/sewer to the
construction site.
• Item (3) — Relocation of BDD4 drainage channel:
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'MOT SO FHWEST (TRFE'sVAV
o A Drainage Study for the property was approved by Brazoria County two years
ago. Since that time, portions of the watershed have been re-routed, thus reducing
the flow to this channel.
o The plans are currently under design along with the detention basin. We propose
to submit to the City and BDD4 the updated Drainage Study by Tuesday,
November 8th. Al Lentz, Engineer for BDD4 has agreed to submit a letter on 11/9
relative to the updated Drainage Study and to discuss the study directly with Doug
Kneupper, Pearland City Engineer.
o Further, we propose to submit the detention basin construction plans on
November 10th and the plat and paving, box culvert, storm sewer, water and sewer
plans for Business Center Drive and Memorial Hermann Drive on November 14th.
o Neither the existing or proposed location of the channel interferes with the
Memorial Hermann planned building location.
• Item (4) — Project cost increase and construction delay:
o Memorial Hermann Healthcare System has a multi phase plan to bring needed
healthcare services to the under served Pearland community. Phase I will include
an ambulatory surgery center, a diagnostic imaging center and a multi specialty
medical office building. Phase II will include a hospital, emergency center and
second medical office building. An early delivery of the above described
healthcare services can be accomplished if the requested building permit variance
is granted.
o Further delays in beginning construction could have a significant impact on the
cost of the proposed multi phase medical center. Current construction contracts
are good through November 15, 2005.
• Item (5) — Limited access to site would make it difficult for the city to make inspections:
o Transwestern will be installing an all weather road capable of supporting heavy
cranes, concrete trucks and other construction equipment during all weather
conditions.
o Road will be more than capable of providing access for all city vehicles. The City
Engineer confirmed that he is familiar and comfortable with this type of road.
Transwestern will submit "all weather road" plans to the City Engineer for approval
before commencement of the road construction.
o Road will be constructed from the Shadow Creek extension of BCD or from
Broadway.
• Item (6) — No ambulance or fire truck access and no water for fire -fighting:
o As stated in #5, an all weather access drive will be constructed and will provide
access for emergency vehicles.
o Water will be provided to the site from a permanent extension of the 12" water
main along the Shadow Creek portion of BCD or from an installation of service
from Broadway.
o MHHS and DASCO agree and understand that no combustible construction can
begin within the building structure until fire hydrant connection(s) are provided
within the requirements as outlined by city regulations for fire water services.
o As stated in item #2 as soon as possible our intention is to begin the extension of
water/sewer to the construction site.
• Bonding:
o Performance and payment bonds will be provided from all prime contractors for
utility installation and public improvements. The City of Pearland will be listed as a
Dual Obligee to these bonds.
o Transwestern will provide a "Set Aside Letter" from the lender stating funds are set
aside specifically for the construction of these improvements.
• Unique & Distinguishing characteristic of the project:
o Specialized health care (Ambulatory Surgery Center, Imaging, Diagnostic)
required for public health services
o Phase 1 of a planned hospital development providing additional service to
community
o Compensate for delays caused by coordination with development south of
Broadway
• Item (7) — Concern over tenants or developer asking for an occupancy permit prior to the
completion and acceptance of the utilities and public improvements:
o MHHS and DASCO agree that occupancy before the completion and acceptance
of the utilities and public improvements will not be allowed and that both parties
will not make a request for occupancy under these conditions.
o City will allow for the construction of the shell building, related building site work
and MHHS improvements (Ambulatory Surgery Center, Diagnostic Imaging &
MHHS office spaces, if any) but will be subject to constraints as listed within the
requirements of this document.
o Tenant suites (physician and commercial suites, if any) will not be submitted for
building permit until such time the City of Pearland has accepted the utilities and
public improvements and the final plat is approved and recorded. If submitted,
permit request will be denied by the City.
Additional Items:
• Project Phasing:
o Preliminary Plat submission (completed)
o Variance approval
o Building permit & construction for shell building and building site work
• Submission for building permit for MHHS spaces pending
o Construction of all-weather road and water service to property
o Submission & approval of Final Plat (including city staff review)
o Construction of utilities and public improvement
o Completion & acceptance of utilities and public improvements
o Issuance of Occupancy Certificate for shell building and suites
■ Occupancy Certificates are subject to all normal conditions:
• Domestic Water
• Fire Water
• Sanitary Sewer
• Electrical Utilities
• Landscaping, etc., etc,
Sincerely,
G. Jerry Mueck,
Assistant Vice President
Real Estate Joint Ventures
Nick Finan
11/11/2005 10:53 AM
To: Jerry.Mueck@memorialhermann.org
cc: Bill Eisen, Lata Krishnarao/COP@ci.pearland.tx.us, Doug
Kneupper/COP@ci.pearland.tx.us, Darrin Coker
Subject: Variance Request
Jerry,
The material you have sent me has been included in the city council's agenda packet.
As we discussed last night, you have addressed all of the questions; however, it is up to city council to
determine if the response are adequate to grant a variance.
Staff is still uncomfortable making any recommendation in favor of allowing a building permit prior to the
acceptance of public improvements, however we remained silent at this time due to city council wanting
to see your response.
I wish to clarify that while the city engineer has had a conversation with BDD4 on the drainage, that does
not mean the city engineer is okay with the drainage. As of today, Doug has not received the plans. We
understood that the drainange district and Doug were both to receive the plans on Tuesday. I was of the
impression this was done, but found out this morning it has not. We thought we were going to receive a
letter from the district engineer, but will not now. This puts us in a position of answering for him based
upon a conversation. You may still wish to get a letter or address this concern in a better manner with his
presence and comments at the meeting.
Also, the city engineer brought to my attention, that your letter says you have an agreement with CBL on
the location of the Business Center Drive ROW, but the city has not received anything definitive indicating
the location has been determined and a TIA completed. Our understanding at this point is that the final
location will be west of the existing CR 566 intersection, but no definitive location.
As I mentioned about TxDoT, we will have your notes of the account, but you may wish to obtain a letter
confirming your notes or have a representative present at the meeting. In my review of the notes, there is
no acknowlegement from TxDoT that they have reviewed the plans and feel comfortable with the location.
There are only notes that they are aware of the frontage road and the city's interest at this time for a
frontage road. I believe city council was hoping for something more specific from TxDoT. I know I said it
jokingly about have Gabe Johnson there, but some TxDoT authority may be able to come and speak to
TxDoT's knowledge. As we discussed, the drainage and road alignment are probably the most critical.
Staff cannot comment on what city council would expect to be satisfied.
And as we discussed, the city attorney has informed me he would be more comfortable with council
finding distinguishable characteristics or findings of fact that would not set a precedence in this case. As
we discussed last night, you may wish to provide more distinguishing characteristics with your request
before Monday. This item was specifically brought up by city council and staff is not in a position to know
what it will take to satisfy city council on this issue either.
And lastly, the city attorney has reviewed your P&P, and while he thinks it will suffice to insure the work to
be done, he would like some more time to be sure. He also questions having the city named as an
obligee on all work, including the private construction aspects. He would still like to see a letter of credit
or some form of confirmation that funds are set aside to complete the work instead.
Thanks
Nick
November 10, 2005
Nicholas Finan
Executive Director of Community Services
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Dear Mr. Finan,
The following notes from Dannenbaum Engineering Corporation record meetings
and discussions with TxDOT regarding the SH 288 improvement / schedule:
Applied TxDOT access policy to "Layout" prepared by Othon and supplied by City of Pearland. It appears that
the location of our proposed road does not conflict with TxDOT criteria. Discussed project with TxDOT Area
Offices. Met with Alex Pinyozy and Robert Raina. Current construction plans do not extend south of McHard
Street. However, construction of frontage roads on SH288 seems to be the current direction. Discussed
project with TxDOT Advanced Planning. Contacted Manny Francisco and Jim Heacock. Jim said that the City
of Pearland has been proactive in choosing the access points for this area. Planning is no longer involved in
this project. Discussed project with TxDOT District Design. Contacted Bill Brudnick. Bill said that Oscar
Medrano has been coordinating the design in this area. Visited with Oscar Medrano from TxDOT. Oscar said
that the City of Pearland has requested Frontage Roads from FM518 to FM2234. TxDOT does not object to the
improvements, however, they are waiting on some information from the City of Pearland so they can request
approval of frontage road development from Austin. The improvements have been discussed, however, there
is no project(s) on any TxDOT planning/funding document (ex. TIP) as of yet. Oscar has seen the Othon layout
and thinks that the development will likely be similar. It is doubtful, however, that TxDOT would sell the land
in the northwest corner as "excess" because it may be needed for drainage/detention and it is a painful
process.
Development of this project will need to follow the NEPA process, therefore, some type of environmental
document and schematic development will need to occur followed by final design. On a positive note, Oscar
feels that the City's strong desire for these improvements may result in the project being developed in the next
3.4 years.
Please feel free to call should you have questions.
Sincerely,
G. Jerry Mueck,
Assistant Vice President
Real Estate Joint Ventures