Ord. 2000CUP-43 2010-08-23ORDINANCE NO. 2000CUP -43
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR
CERTAIN PROPERTY, APPROXIMATELY 3.101 ACRE TRACT OF
LAND IN THE H.T. & B.R.R. CO. SURVEY, ABSTRACT 309, BEING
PART OF LOT 7 OF THE ALLISON RICHEY GULF COAST HOME
COMPANY'S SUBURBAN GARDENS SUBDIVISION, AS RECORDED
IN VOLUME 2, PAGE 23, OF THE BRAZORIA COUNTY PLAT
RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, LOT
1, 1 BLOCK. GENERALLY LOCATED ON THE SOUTH SIDE OF
BROADWAY, EAST OF OWER LN. (CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2010 -06) TO ALLOW AN INCREASE IN
ALLOWABLE BUILDING HEIGHT, BEING LOCATED IN THE GENERAL
BUSINESS (GB) ZONING DISTRICT AT THE REQUEST OF JACK
MCGUFF JR., APPLICANT, ON BEHALF OF BRAZOSPORT
CARDIOLOGY., OWNERS, 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 Jack McGuff Jr., applicant, on behalf of Brazosport Cardiology., filed
an application for a Conditional Use Permit for an increase in the allowable building
height on 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 16th day of August, 2010, 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
ORDINANCE NO. 2000CUP -43
WHEREAS, on the 16th day of August, 2010, 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 Jack McGuff Jr.,
applicant, on behalf of, Brazosport Cardiology., owners, whereby the Commission
recommended approval of the Conditional Use Permit, 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 August 23, 2010; 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 Jack McGuff Jr., applicant, on behalf of Brazosport Cardology,
owners, 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 General Business, is hereby
granted a Conditional Use Permit to allow for an increase of 5 feet to the maximum
building height in the General Business zoning district allowing for a maximum building
height of 50 feet; such property being more particularly described as:
Approximately 3.101 Acre Tract of Land in the H.T. & B.R.R. CO. Survey, Abstract
309, Being Part of Lot 7 of the Allison Richey Gulf Coast Home Company's
Suburban Gardens Subdivision, as recorded in Volume 2, Page 23, of the Brazoria
County Plat Records, City of Pearland, Brazoria County, Texas, Lot 1, 1 Block.
Page 2 of 4
Ord. No 2000CUP -43
ORDINANCE NO. 2000CUP -43
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 Ill. 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 -43
ORDINANCE NO. 2000CUP -43
PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this
the 23rd day of August, 2010.
TOM REID
Vii►- \'[e7:i
ATTEST:
APPROVED
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord. No 2000CUP -43
Exhibit "A"
Application
Ordinance No 2000CUP -43
CUP AFFt_iCATION Page 1 of 6 jUpdated June 2010)
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City of Pearland
APPLICATION FOR Community
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A CONDITIONAL USE Peara °d Texas 7753`1)
PERMIT (CUP` 281 - 652-1733
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231- 652 -1702 Fax
w,,vyi.cityofpearland com
Conditional Use Permit Request for:_, --
(list proposed use from the Table of Uses of the UDC)
Current Zoning District: cr - P"i 1.i- ;':, '= r
Property Information:
1�:
Address or General Location of Property: A,
Tax Account No. �� ! g' r '
i i b�.. __ . S T �:: f
Subdivision: ,�, �-;�_ r Lot:
giock:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
ADDRESS J
CITY. Lli_L( �(i_Ck ij1STATE!j_ZIP _Lf
PHONE(( -1-1 ) �1 f --
FAX("_)__: )_: ,) ri_ - /
E -LIAiL ADDRESS L)("
APPLICANT/AGENT INFORMATION:
ADDRESS f=
CITY STATE ZIP r
PHONE(
FAX(
E -MAIL ADDRESS
'Property owner must be the current o�rvner of the property at the time of submittal of the application, and not the partly
that has the property under contract.
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified Development Code of the City of Pearland.
Owner's Signature:
Agent's/'
Applicant's Signature:
FEES C�r� DATE
PAID: ( J�!' -- PAID: ja.l a
Date: o h ! i c'
Date:
BY: CEIVED i NUMBER: f 5 -3 � 0
PEARLAND HEART INSTITUTE
Authorization for Agent to file application
July 12. 2010
This letter will serve as authorization for Jack McDuff, Jr., A I.A , Architect, to file the Conditional
Use Permit application on behalf of the Pearland Heart Institute
Pearland Heart Institute
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5208 BROADWAY #208
PEARLAND, TEXAS 77581
PEARLAND HEART INSTITUTE
Request for Conditional Use Permit
July 12, 2010
City of Pearland
Zoning Board of Adjustment
Letter of Intent
This request is for a Conditional Use Permit in reference to the Unified Development Code,
Section 2.4.4.4 General Business District (d) Height Restrictions.
The Pearland Heart Institute is a proposed medical facility,32,000 square foot three story building
design, one hundred fifty feet in length and fifty feet (50') in height. The conditional use permit
request is for an affitional 5' -0" in height over the UDC limit of forty five feet (45').
The additional height allows sufficient space between floors for structural components and
mechanical equipment.
Respecfully submitted.
MCGUFF ARCHITECTS
Jack McDuff, Jr., A.I.A.
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The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
-tate of Texas
3razoria and Harris Counties
Lloyd Morrow, hereby certify that the notice hereby appended was published
n THE REPORTER NEWS, a newspaper of general circulation in Brazoria H
ind Galveston Counties, for orris
--- _issues, as follows:
No.
Date
20 1
Exhibit "C"
AFFIDAVIT
OF
PUBLIC
Ordinance No�2000CUP -43
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
-tate of Texas
3razoria and Harris Counties
Lloyd Morrow, hereby certify that the notice hereby appended was published
n THE REPORTER NEWS, a newspaper of general circulation in Brazoria H
ind Galveston Counties, for orris
--- _issues, as follows:
No.
Date
20 1
No.
_ Date
20
No.
Date
_
20
No.
Date
20
No.
Date
20
Subscribe and sworn to before me this
2010
CFO
day of
A NN M S
t Public, to of e
I is to a 9 -2 —
Lau] ra nn mmons, Publisher
Notary Public, State of Texas
Published July 28,2010
1 . I LEGALS
NOTICE OF A JOINT
Texas, on the request of
PUBLIC HEARING OF
Jack MCGuff Jr., appli-
THE CITY COUNCIL
cant, on behalf of
AND THE PLANNING
Brazoria Cardiology,
AND ZONING COM-
owners of Pearland
MISSION OF THE
Hean Institute for a con -
CITY OF PEARLAND,
d'itionat use permit to
TEXAS
allow an increase in
height, being located in
CONDITIONAL USE
the General Business
APPLICATION NO.
(GB) Zoning District, on
CUP 2010.06
the following described
property, to wit:
Notice is hereby given
that on August 16, 2010,
Approximately 3.101
at 6:30 p.m -, the City
Acre Tract of Land in the
Council and Planning
H.T, & B.R.R. CO.
and Zoning Commission
Survey, Abstract 309,
of the City of Pearland,
tieing Part of Lot 7 of the
in Brazoria, Harris and
Allison Richey Gulf
Fort Bend Counties,
Coast Home Company's
Texas, will conduct a
Suburban Gardens
joint public hearing in the
Subdivision, as recorded
Council Chambers of
in Volume 2, Page 23, of
City Hall, located a13519
the Brazoria County Plat
Liberty Drive, Pearland,
Records, City of
Pearland, Brazoria
County, Texas, Lot 1, 1
Block. (Generally locat-
ed at: west of La Ouinta
Inn and south of
Broadway Street.
Pearland Texas).
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Angela Gantuah
Senior Planner
Exhibit "D"
P &Z Recommendation Letter
Ordinance No. 2000CUP -43
P laanivg & zo�ng Commission
Recommendation Letter
August 17, 2010
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2010 -06
Honorable Mayor and City Council Members:
At their meeting of August 16, 2010, the Planning and Zoning Commission considered
the following:
A request of Jack McGuff Jr., applicant, on behalf of Brazoria Cardiology, owners
of Pearland Heart Institute for a conditional use permit to allow an increase in
height, being located in the General Business (GB) Zoning District, on the
following described property, to wit:
LEGAL DESCRIPTION: Approximately 3.101 Acre Tract of Land in the H.T. &
B.R.R. CO. Survey, Abstract 309, Being Part of Lot 7 of the Allison Richey Gulf
Coast Home Company's Suburban Gardens Subdivision, as recorded in Volume
2, Page 23, of the Brazoria County Plat Records, City of Pearland, Brazoria
County, Texas, Lot 1, 1 Block.
GENERAL LOCATION: Located on the South side of Broadway, East of Ower
Ln. Pearland, TX
Vice Chairperson Ron Capehart made a motion to approve the Conditional Use
Permit (CUP). The motion was seconded by Commission Member Darrell Diggs.
The vote was 7 -0 and the motion passed. The Planning and Zoning
Commission recommended approval of the CUP.
Sincerely,
Ian Clowes, Planner I
On behalf of the Planning and Zoning Commission
Page 1