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Ord. 2000CUP-25 2008-12-08ORDINANCE NO. 2000CUP-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, BEING THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING TRACT 1 WITH 15.0373 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 NORTH SIDE OF PROPOSED MAGNOLIA ROAD AND EAST SIDE OF FM 1128 (MANVEL ROAD), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-25), TO PERMIT HOSPITAL FACILITY IN OFFICE PROFESSIONAL (OP) ZONE), 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 Conditional Use Permit 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 Commission of the City submitted its report and recommendation to the City Council regarding the proposed Conditional Use Permit application by Mike Pollack, applicant ORDINANCE NO. 2000CUP-25 for Signature Eubanks, owner, whereby the Commission recommended approval of the Conditional Use Permit, 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 Office Professional (OP) zone), is hereby granted a Conditional Use Permit to allow Hospital Facility; such property being more particularly described as: CONTAINING Tract 1 with 15.0373 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 North side of proposed Magnolia Road and East side of FM 1128 (Manuel Road), 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. Page 2 of 4 Ord No 2000CUP-25 ORDINANCE NO. 2000CUP-25 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 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. Page 3 of 4 Ord No 2000CUP-25 ORDINANCE NO. 2000CUP-25 PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this the 8t" day of December, 2008. T REID MAYOR ATTEST: ` Q4QEp~RE.,gt; -- UNG I MC `'~~ Y SE ETARY `"~~' APPROVED AS TO FORM: ~~ ~ DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord No 2000CUP-25 Exhibit "A" Application Ordinance No. 2000CUP-25 ZONE CHArvve r~rr~n..r~ i wrv rdye i ui 4 ~Nua«su rviay cuuo~ City of Pearland APPLICATION FOR Comm3523DLbertyDrve A CHANGE [N ZONING Pearland, Texas 77581 281-652-1768 281-652-1702 fax www. cityofpea rtand . com SEP i ~~ 2008 Current Zoning District: ~Dw~.sH°'"`' e S Proposed Zoning District: ~/~~`'~'L°~ /~~~j'``~"SS Property Information: Address •r General Location of Property: ~~ b -..)d L, A /~L-'~O 1~~57' O~ /~Z $ Tax Account No. (-~~ y~ ~'~y~o -y~~ . CJs Subdivision: p~A ~~Lot: ~~~ Block: A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: NAME cJ/~~'.y~ i rl.~~ ~u3 v.~-> X S NAME / ~/ l~~ / G zlp /t ADDRESS `~JZJ °~~ r'~'~E"'° Y .5.30 ADDRESS CITY ! ~ ~T~'`, STATE ~~ ZIP 77oZ' CITY A ZIP PHONE( ~7! ~ ) _789-o~%U~ PHONE( FAXc t 3 ) 3 Z ~ ~yl~ `' ~ FAQ() E-MAIL ADDRESS M~'~~~ g~b"'~' """~ -C6'~'~p°'''~ E-MAIL ADDRESS 7i ~ - 8 Z2_ 3~1 ~ . ~~ "'Property owner must be the current owner of the property at the time of submittal of the application, and not the parry that has the property under contract, As owner and applicant, I hereby request by the Unified Developr~er~ Code the~G described request as provided for Owner's Signature Agent's Signature: Date: Date: OFFICE USE ONLY: PAD "L ~ I O ' ~~ PAID: ~ ~ a -~ I BYC ly,J~f if f ~I C~ I NUMBER• ~ l 3 ~ 3 I Application No. ~, [jQ ~-- j(,e 18-22-'08 16:27 FROM- n~ ., ~' rt t:! ~. r~ C' c _, Current Zoning i)istri T-027 P001/001 F-167 zONE CFIANGE APPLICATION Page 1 of 4 Updated May 2008} City of Peartand APPLICATIt~N FOR Comm3573~iberty Drive A ~ HAN O ~ t N 2C~N I NG PearC d, Tex s 7798; 281-852-1768 281-652-1702 fax www.cityofpearland.com `D~~-- /`~DM~ Proposed Zoning District: D/~l~~~' ~~~~~'~ !~'`~'°Z- CGv (~ - F(~iS~j?~~ Property Information: Address or General Location of Property: N©~Tl.,l .~ ~ Q ~ ~ ~''~ /=c~Tv~c..~ Tax Account No. _ ~U S-/~ /`/. % 4"/~.4.,C., '~~. p47' /Ci ~;-17,~- Subdivision: ~'`('~ Lot: ~"~ '° Block: ~`` A complete appliCa#lon must include all information shown on • the Application Checklist a#tach®d to this application. PROPERTY OWNER INFORMATION: NAME ~/6Noa ~u~ ~L/4~DrJ~ ADDRESS J`'Z~ ~'~•l l~,~d~~°~ 'CITY ./r'~~'~~ io ^~ STATE Y zIP 7~QZ APPLICA/NT~INFORMATION: ntnnn~ / l~C.t-,l/~~G ~GC.A~ CITY E-MAIL E-MAIL ADDRESS ~ cater . "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 peveionrge~t Gads Owner's Agent's Signature of the above described request as provided for rland. Date: fC'"-21s""~~ DST ~ ;~ 2aQB ~ Application No. Signature Companies 9525 Katy Frwy, Suite 130 Houston, TX 77024 LETTER OF INTENT To Whom It May Concern: I am requesting a zone change for the purpose of developing a Physician owned Community Hospital with a joining medical office building. ,~~~~ I ~' ~ ~ !~, a~ ~. . t ~~ ~ ~ ! ~ j ' ~Ittttt ! 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Box 954 FrNendswood, 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. f late ~~ - .Zc'j 20 b ~ No. 9~ate 20 No. date 20 No. Gate W 20 No. ®ate 20 - f1~ CFO Subscribe and sworn to before rr-e this_ ~~ day of ~C~ 20~ ~~ i Laura Ann Emmons, Publisher Notary Public, State of Texas Published October 29 and November 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 APPLI- CATION N0.2008-16Z Notice is hereby given that on November 17, 2008, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will con- duct ajoint public hearing in the Community Center, located at 3523 Liberty Drive, Pearland, Texas, on the 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, on the following described property: 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 North side of proposed Magnolia Road and East side of FM 1128 (Manuel Road)). At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. Lata Krishnarao Planning Director AFFiD~A~'T C)F PUBLICATION The Pearland Reporter News _ 2404 South Park Pearland, Texas 77581 tate of Texas ~azoria and Harris Counties Lloyd 1~lorrow, hereby certify that the notice hereby appended. was ubli THE.. REPORTER NEWS, a newspaper of general circulation in Brazor'shed ia, Hams ~d Galveston Counties, -for / .issues, as follows: No. /~~ ~ date 1 .. 20 ~_ ,, .No. C~a~te 20 ___-__ No. date 20 No. C~a~te ' 20 No. Gate _ 20 i~ -_~O abscribe and sworn to before me this ~~~ ~.QU~ a h~ ~~ ~ ~rnmons, Publisher Notary Public, State of Texas da of ~~'~ Y Published October. 29 and November 5, 2008 NOTICE OF A JOINT PU& LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY. OF PEARLANt), TEXAS ZONE CHANGE APPLICA- TION N0. 2008.16Z Notice is hereby given that on November 17, 2008, at 6:30 p:m., the City Council and Planning and Zoning Commission of .the City of Pearland, in Braioria, Harris and Fort `Bend Counties; Texas, will conduct a joint public hearing in .the. Community Center, located at 3523.. Liberty Drive, Pearland, Texas, on the request of Mike Pollack, applicant for Signature .Eubanks, owner, for approval ofa change in zon- ing district from classifica- tion Townhouse Residential District. (TH) to General Business Retail District (GB) .and . Officei Professional (OP) with a Conditional Use Permit (CUP) to permit a hospital facility, on the fol- lowing described property:-: Tract 1 with 15.0373 acres .and. Tract 3 with 13:0933'. acres out of Kanawha-Texas Company Subdivisioh of Sections 18 & 22 (Vol. 2, pg 51 B.C.P.R) and Section 18 H.T. i#B. R.R. Co. Survey, A-547, Houston, Harris County, Texas (generally located on the North side of proposed Magnolia Road and East side 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. Lata Krishnarao Planning Director Exhibit "D" P&Z Recommendation Letter Ordinance No. 2000CUP-25 ~ ~ ~ ~ awn o~n o~sslo~ 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