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Ord. 2000M-0058 2008-12-08ORDINANCE NO. 2000M-58 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A ZONE CHANGE FOR CERTAIN REAL PROPERTY, BEING THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING TRACT 1 WITH 15.0373 ACRES AND TRACT 3 WITH 13.0933 ACRES OUT OF KANAWHA-TEXAS COMPANY SUBDIVISION OF SECTIONS 18 & 22 (VOL. 2, PG 51 B.C.P.R) AND SECTION 18 H.T. & B. R.R. CO. SURVEY, A-547, HOUSTON, HARRIS COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH AND NORTH SIDE OF PROPOSED MAGNOLIA ROAD AND EAST SIDE OF FM 1128 (MANVEL ROAD), (ZONE CHANGE APPLICATION NO. 16Z), FOR APPROVAL OF A CHANGE IN ZONING DISTRICT FROM CLASSIFICATION TOWNHOUSE RESIDENTIAL DISTRICT (TH) TO GENERAL BUSINESS RETAIL DISTRICT (GB) FOR 13.0933 ACRES LOCATED SOUTH OF PROPOSED MAGNOLIA ROAD, AND OFFICE PROFESSIONAL (OP) WITH A CONDITIONAL USE PERMIT (CUP) TO PERMIT A HOSPITAL FACILITY FOR 15.0375 ACRES LOCATED NORTH OF PROPOSED MAGNOLIA ROAD, AT THE REQUEST OF MIKE POLLACK, APPLICANT FOR SIGNATURE EUBANKS, OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. WHEREAS, Mike Pollack, applicant for Signature Eubanks, owner, filed an application for a Zone Change for certain property, said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A", and more graphically depicted in the location map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 17th day of November, 2008, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by publication in the official newspaper of the City, the affidavit of publication 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, on the 17th day of November, 2008, the Planning and Zoning ORDINANCE NO. 2000M-58 Commission of the City submitted its report and recommendation to the City Council regarding the proposed Zone Change application by Mike Pollack, applicant for Signature Eubanks, owner, whereby the Commission recommended approval of the Zone Change, with conditions, said recommendation attached hereto and made a part hereof for all purposes as Exhibit "D"; and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on 17th day of November; and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the application of Mike Pollack, applicant for Signature Eubanks, owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate limits of the City of Pearland, Texas, and presently classified as Townhouse Residential District (TH), is hereby granted a change in zoning district from classification Townhouse Residential District (TH) to General Business Retail District (GB) FOR 13.0933 ACRES LCOATED SOUTH OF PROPSOED MAGNOLIA ROAD, and Office Professional (OP) with a Conditional Use Permit (CUP) to permit a hospital facility FOR 15.0375 ACRES LOCATED NORTH OF PROPOSED MAGNOLIA ROAD; such property being more particularly described as: Tract 1 with 15.0373 acres and Tract 3 with 13.0933 acres out of Kanawha-Texas Company Subdivision of Sections 18 & 22 (Vol. 2, pg 51 B.C.P.R) and Section 18 H.T. & B. R.R. Co. Survey, A-547, Houston, Harris County, Texas (generally located Page 2 of 4 Ord No 2000M-58 ORDINANCE NO. 2000M-58 on the south and North side of proposed Magnolia Road and East side of FM 1128 (Manuel Road) with the condition for CUP (Ordinance 2000CUP-25) that any building located on the tract being rezoned to OP (north of Magnolia Road) be setback a minimum of 50- feetfrom the north and west 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. 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 the City Council for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the approval herein granted 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 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 Ordinance shall become effective after its passage and approval on first and only reading. Section VII. Declaration of Emergency. The Council finds and determines that the need to regulate land use inures to the benefit of the public and, therefore, bears directly upon the health, safety, and welfare of the citizenry; and that this Ordinance Page 3 of 4 Ord No 2000M-58 ORDINANCE NO. 2000M-58 shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be hereby waived. PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this the 8th day of December, 2008. OYyt~ TOM REID MAYOR ATTEST: ~~; ';(Tl i Y NG I M -' ~; :, > tn; Y S RETAR <il~~N 4•µi",, APPROVED AS TO FORM: <<_~..-- G-Q- DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord No 2000M-58 Exhibit "A" Application Ordinance No. 2000M-58 ZONE CHANGE APPLICATION Page 1 of 4 Updated May 2008) City of Pearland APPLICATION FOR Comm 352 DL berty D ve A- ~~ ~ A C HAN G E I N ZONING Pearland, TexasC77581 281-&52-1768 281-652-1702 fax www.cityofpearland.com r.- SEP 1 G ZQp9 Current Zoning District: ~Qw~s~'a~ e- S Proposed Zoning District: y~~'~~-°~- ~~~~~~'sS Property Information: /`! ~~ b .~~ L, .~ ~L ~~ G/~~7 Dim /lZ $ Address or General Location of Property: Tax Account No. ~ 5 y~ -~v~o 'v~~ Subdivision: Lot: rI Block: A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: NAME c/~~.~.~; ri,~.~ ~v3,a..~,~ S NAME /`~~1~~ ~zt.,~~t ADDRESS ~S2S °T r /''x-~E~'~' Y .~.~30 ADDRESS As owner and applicant, I hereby request appr val o th ove described request as provided for by the Unified Developr~er~ Code the.eity~~a CITY~~ usTu•J STATE ~Y ZIP 7?OL PHONE 7L ! 3 ) ~S9-D`~U~ FAXL 1~ ~b^Z- 31~Zq E-MAIL ADDRESS /y~ K ~~ g j6^''O i `"~'~ -~''~A°'`'~~ 7i 3 - g 22- 3~ a , t~~ "Property owner must be the current owner of the property at that has the property under contract. Owner's Signature: /" ~ 4`''Y`~/ ~ ~"~~~ / Date: Agent's Signature: %~/L~-~ ,/~'~`"c'~-~ Date: CITY A ZIP PHONE~~ FAXf;~_) E-MAIL ADDRESS the time of submittal of the application, and not the party PAED: ~ ' O ' ~~ PAIQE '~ b ~ BYC ~V NUMBER: ~~ 3 Application No. ~1; DD ~~ l rJ2 Z 10-22-'08 16:27 FROM- T-027 P001/001 F-167 ZONE CHANGE APPLICATION Page 1 of 4 Updated May 2008) City of Pearland APPLICATION FOR Comm3523Diberty Drve ' ' ~ ~ A C HAN G E I N ZONING Pear and, Texas 77581 281-562-1768 281-fi52-1702 fax www.cityofpearland.cam ~.~. Current Zoning pistrict: ~DL~~ ~DM~ Proposed Zoning District: OrriG~ /~~~~ s ~a'`''°~-' CGU P - hlos~~~ Property Information: Address or General Location of Property: Na'~T~-~ .S~ 4 ~ rJ~'"• /=c~Tu~c..,F~; Tax Account No. ~!~ ~ =/ `7 /~/. T. ~/3.t~+C. y'A. p ~,.7' ~Ci ~- /?,4. Subdivision: ~"`/ "~ Lot: N '° r Block: ~`` A complete application must include all information shown on • the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: NAME ~/6Nia ,^u,L.~ ~L/4Dn~,C,$ ADDRESS X25 ~~' y' ~~"'`'°~ •CITY r'~yf~~ io rJ~ STATE{P 7~Q~ APPLICANT INFORMATION: NAME / ['IGE"'~j/~~G ~L'C"P.~ CITY E-MAIL E MAIL ADDRESS 'Property owner must be the current owner of the property at the time of submittal of the application, and not the party that has the property under contract As owner and applicant, I hereby by the Unified Deve{onroe~t Coda Owner's of the above described request as provided far Agent's S Date: f~'"~~~~ OCT 2 %' 20Q8 ~ Application No. Signature Companies 925 Katy Prwy, Suite 130 Houston, TX 77024 LETTER OF INTENT To Whom It May Concern: I ain requesting a zone change for the purpose of developing a Physician owned Community Hospital with a joining medical office building. ~~~~0~; ~ I ~ ~, ; ~~ ,-, ,...~- .s . ~ 3~ f. -a; m ask Q ~§ ;H~~{~nro§ y ~ W •30 ~H !4 it dui ~j~~ § ~g ' e§ ~ • ~~~ j~~ !!I! ~~'1~~~~ C ( ~ - y ~ $~~~~~ _ ! i;{'1~t ' ~ S1i e g s ~i - I,i~ u I e ~ ~~w., ~ { ~ -~~ _ _ 1 _ ------ ~ ---- 1 ° Y (S31WA M/NI eZJ J IC1 ~'! ~ i .R.W' ].,cK.f1 f ~ ' I t I ~ 9 e ~ e ~ -i . 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'Ca~~ sy oo i c': "'~1u'LY".ra 51~7s ~ o~'r. 1 R~411e1 • I I 4J~s J ~6 .~~oe' ~T ~qe~~s ~ I I I ,wa ~t y- d. .1. 1 I I ,e..;~;;;:p a~A ghma~b 1 i , b. ~~nrvbn 1 4 Y%. ~:.0vv11 O`N ~ 1 I I ~ M -v~ 0 0 I ~,~ ~os~~~ ~ ~ , " -- ~ `^ ~ I ~~ i~z I r. um O ~~N 1 1 1 I ea~~ = C^ ,,, , I I 3~ pEa "7 0 1 ~ ~ o "i ~ b 1 h ` 1 - ~ .. I I m~ C 1 I ..v ~ ~^a I I ~ M~ ~". nr N ~ ~ 1 1 , I .r•%c,o a ~`o~a .mars-.x ,-s rr.zo_n_ _ ,~ ~' _ ~ _ - - - . ._ . ~ a; rRcp 5y 1'IfJ'~'O pL4•LCi'y'OL 10111 1 {~ Fp {S'Ie~ee ~k [~• m unoa~cvHa q`e 5{+ P ~'-~~ Tutu NOtuac u~unxtnoo i ~~5 T~ ~t7 ~~ i y ° ~~ 1 `6 Exhibit "B" Location Map Ordinance No. 2000M-58 Tel' ~' ~'~ r~ ~ ~` ~i ~_ , ~~~ _ i f ti i I~ - - 1 t :.~: E, . ~, ~~;' ~~~ ~ ~. ~~~ ~~ LOCATION MAP T ZONE CHANGE N0.2008-16Z NORTH NORTH OF PROPOSED MAGNOLIA ROAD, EAST OF FM 1128 (MANVEL RD) Exhibit "C" AFFIDAVIT O F PUB Ordinance INot12000M-58 The Friendswood Reporter News P.O. Box 954 Friendswood, Texas 77546 State of Texas Galveston and Harris Counties ., I, Lloyd Morrow, hereby certify that the notice hereby appended was published in ~~- THE REPORTER NEWS, a newspaper of general circulation in Galveston, Harris and Brazoria Counties, for issues, as follows: No. ~ Date ~~ ~ zc'j 20 a ~ No. Date 20 No. Date 20 No. Date w 20 No. Date 20 ' ylr~° CFO Subscribe and sworn to before me this_ ~~ day of OC~ 20.~ ~,;,~. ,;,_y Laura Ann Emmons, Publisher Notary Public, State of Texas Zane C~ r~~, ~pP'N v ~~ -~2~ ~~-P ~C~C~~ Publhhed October 29 and Nowrriber 5, 2008 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND,TEXAS ZONE CHANGE AKL1- CATION N0. Z163.1lZ Notice is hereby given that on November 17, 2008, at 6:30 p.m., the City. Council and. Piannirlg and Zoning CQmn-issiorr of the Cily of Pearland, in '8rezor'ia, Harris„ and FoR Bend Coimdes, Texas, w81 con- duct ajoint public hearing in the Community Center, Jocated at 3523 Liberty Drive,. Pearland, Texas, on the request of Mike Pollack, applicant.. for Signature' , ...Eubanks, owner, ..for approval of a change: in zgnirrg disUict from- ` dasaiflcation Tovinhouse Residential District. {THj fo`General: Business Retail .District (GB) and , t~llice Professigrtfi( ©P) witl- a Conditiohai tJSe Petmit (GUP) to pem~t a'' hihipibd taality, on tlae' f0lkiwMg described property: Tract 1 witlt 15.0373 acres and Tract 3 witl~ 13.0933 acres out of KanBwhe- Texea '. Pany Sutxflvfaion of Sections 'I$ 8~ 22 (Vol: 2, P9 51 B.C.P.R) and Section 18 H.T. It B. R.R. Co. Survey, A-547,- Houston, Hams County, Texas {generally located on the North side of ~, prop9sed Magnolia Read and ~astsllte,of,FM 1128 (Hamel Roed~~, ' pt said"'lieiring; all k5ter- ested parties shall have the right and oppoRunity to appear and be heard on thA subject. , Lace Pfaltnir'l0 DNMaOr AFFIDAVIT OF PUBLICATION The Pearland Reporter News ~ _ 2404 South Park Pearland, Texas 77581 >tate of Texas crazoria and Harris Counties ~ ' Lloyd' l~lorrow, hereby certify that the notice hereby appended. was ubli p . shed ~ THE.REPORTER NEWS, a newspaperof general circulation in Brazoria, Harris .nd Galveston Counties, for / issues, as follows: No. ~~" Jr' Date .....No. Date No. Date No. Date - No. Date 20 ~~ - 20 ._ _ 20 _ 20 _ 20 i~1 CFO -ubscribe and sworn to before me this day of _______ :0~ O~_ `au~ d H~ ~~ ~ Cmmons, Publisher Notary Public, State. of Texas one Cl-~,~ ~~~ ~ ~ - ~~~ ~ CAP a-(~~-a ~~" Ar1i1MnE tlolobs-.1f aril NowMMt ~ 16f11 ;~~. Hj>' are cour~ra n Cam, ~ Ot= 'THE GTY OF PEAt?2LAF10, Tt~ 21DliE APPWGt- Tl~! t10.'~101.11Z Notlce.ts hereby! given thsrt on; rov~ember .17, ,7A08; at &.~f) p.m., tree -:City Goundl and'-8(arning and 2,tming Eornnxesiort `# ~s Cily of PearlarM, in Biiezaia, Halls and FoR. fiend Cot ties, Texans, will; opnduct ~a joint putHc . j~rag in the. C.gmmiNdly t~r-ter, located at ' 3iT23 . Liberty Dfire, PaAdand;'texas, on the request of Mike Pollack, applicant- for . Signature Eubanks, owner, :for approval of achange in zon- ing district from dessiflca- tion Townhouse Reskiential District (TH) to General Bueineas;RetaN; Distrkt (GB) ar<d..,: pace: Professlonel (OP) witlo a Conditlonal 4Jee Permit (CUP) ;to `,p~odt a hospital fac~ity, oo the fol- k>win9 described property: Tract 1 with 1$.03 acres and Trail 3 with 13.0933 acres out of Kanawha-Texas Company Subdivision of Sections 18 822 (ylal. 2, pg 51 B.C.P.R) and Section 18 H.T. tli B. R.R. Co. Survey, A-547, Houston, Harris County, Texas (generally kx~ted on the North sloe of proposed Magnolia Road and East sloe of FM 1128 (Manuel Road)). At said hearing,-all interest- ed. parties shall have the right .And opportunity to appear and be heard on the subject. late Kristvrana PktNnp Rinser Exhibit "D" P&Z Recommendation Letter Ordinance No. 2000M-58 Planning & Zoning Commission Recommendation Letter November 18, 2008 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change No. 2008-16Z and CUP 2008-25 Honorable Mayor and City Council Members: At their meeting of November 17, 2008, the Planning and Zoning Commission considered the following: Request of Mike Pollack, applicant for Signature Eubanks, owner, for approval of a change in zoning district from classification Townhouse Residential District (TH) to General Business Retail District (GB) and Office Professional (OP) with a Conditional Use Permit (CUP) to permit a hospital facility. LEGAL DESCRIPTION: Tract 1 with 15.0373 acres and Tract 3 with 13.0933 acres out of Kanawha-Texas Company Subdivision of Sections 18 & 22 (Vol. 2, pg 51 B.C.P.R) and Section 18 H.T. & B. R.R. Co. Survey, A-547, Houston, Harris County, Texas GENERAL LOCATION: Located on the North side of proposed Magnolia Road and East side of FM 1128 (Manuel Road). Commission Member Ron Capehart made a motion to recommend approval of the zone change from classification Townhouse Residential District (TH) to General Business Retail District (GB) for the tract located south of future Magnolia Road and Office Professional (OP) with a Conditional Use Permit (CUP) to permit a hospital facility for the tract north of future Magnolia Road. The CUP was granted with the condition that any building located on the tract being rezoned to OP (north of Magnolia Road) be setback a minimum of 50-feet from the north and west property lines. The motion was seconded by Commission Member Jerry Koza. The motion passed by a vote of 7-0. Sincerely, Lata Krishnarao, AICP, Planning Director On behalf of the Planning and Zoning Commission Page 1