Ord. 2013CUP-08 2013-11-25 PORDINANCE NO. CUP2013-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, BEING LEGALLY DESCRIBED AS RESERVE "A," BEING 1.01
ACRES OF THE FINAL PLAT OF SUNRISE LAKE VILLAGE; A 8.42 ACRE
TRACT, SITUATED IN THE JOHN W. MAXEY SURVEY, ABSTRACT 721, AND
BEING PART OF AND OUT OF A 208.10 ACRE TRACT DESCRIBED BY DEED
RECORDED IN VOLUME 1107, PAGE 859 OF THE DEED RECORDS OF
BRAZORIA COUNTY, CITY OF PEARLAND, TEXAS (LOCATED AT 2752
SUNRISE BLVD., PEARLAND, TX), CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2013-08 TO ALLOW AN EMERGENCY CARE CLINIC
WITHIN THE GENERAL BUSINESS RETAIL DISTRICT (GB) AT THE
REQUEST OF GREG MCGAHEY, APPLICANT FOR REBOUND PROPERTIES,
LIMITED,OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO
THE SUBJECT.
WHEREAS Greg McGahey, on behalf of Rebound Properties, Limited., owner,
filed an application for a Conditional Use Permit to allow an Emergency Care Clinic on
certain property, said property being legally described in the original application 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 21st day of October, 2013, 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 21st day of October, 2013, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
ORDINANCE NO. CUP2013-08
regarding the proposed Conditional Use Permit application for Greg McGahey,
applicant, on behalf of Rebound Properties, Limited, owner, 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 regular meeting(s) on November 11, 2013; and
November 25, 2013; 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 Greg McGahey, applicant, on behalf of Rebound Properties
Limited, 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 General Business Retail (GB)
District, is hereby granted a Conditional Use Permit to allow an Emergency Care Clinic in
said zoning district; such property being more particularly described as:
Reserve "A," being 1.01 acres of the Final Plat of Sunrise Lake Village; a 8.42
acre tract, situated in the John W. Maxey Survey, Abstract 721, and being part of
and out of a 208.10 acre tract described by deed recorded in Volume 1107, Page
859 of the Deed Records of Brazoria County, City of Pearland, Texas.
Located at 2752 Sunrise Blvd., Pearland, TX
ORDINANCE NO. CUP2013-08
Subject to the following condition:
1) The site shall be redeveloped in accordance with the site plan, as submitted by
the applicant, and all applicable City requirements.
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.
ORDINANCE NO. CUP2013-08
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 second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 11th day of
November, 2013.
ATTEST:
YUNG L
Cr Y SECRETARY
TSM REID
MAYOR
ORDINANCE NO. CUP2013-08
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th
day of November, 2013.
ATTEST:
YIUNG LO; NG, TV
,i
C TY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
ORDINANCE NO. CUP2013-08
ORDINANCE NO. CUP2013-08
Exhibit "A"
CUP APPLICATION Pace 1 cf e (Lpdated IL,rse 2010)
Cit:y e
Community Depme. t
3523 'Liberty Drive
(Commnity Center)
Peartarxt Texas 77581
281 452-1768
281-652-1702 fax
WNW,citycfpearl'anctoorn
APPLICATION FOR
A CONDITIONAL USE
PERMIT (CUP)
Conditional Use Permlt Request fo
rst
'he:Ace Emergency F.0
' *
Current Zoning Distril •
Property Ir formation:
Address or General Location of Property.,,
General au,sitles
Dirict
Tax Account No. 5,53 9 7
Subdivision: Sunrise Lake Viliaae
eserve A
A complete application must include ali information shown an the
Application Checklist attached to this application
PROPERTY OWNER INFORMATION:
ore
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FAX
UMA1L 'WON ES S.:(11.4_,,,,,_,0,412CM2t4
A PP LICANVAGENT INFORMATiON
NAME Greg McGahey
ADDRESS Park LnSui
CITY_ D STATE Tx zlp 75231
pHoNt(214 ) 252-6262
FAX(4)
Oft_ E-MAIL ADDRESScr COM
*Property owners riu 1 he the current cwner of the property at the trre of submitta/ cf the appl ction, and not the party
that has the property under contract,
As owner and applicant, hereby request approval of the above described request as provided for
by the Unified Deve!opment Code of the City of Pearland,
Owners Signature
Agent's/
Applicant's Signature
OFFICE USEONL
S ce,T DATE
PAID: itot I PAID 7
RECEIVED RECElk
BY: NUMBER:
Appli
cc
May )4, a 13
ment Servkesliz,t/JorjZ4110fl_lettci
Rebound Properties, LLC, Landlord) hereby gives aLth,rization to UCR
Development Services to submit for the Conditional Use Permit tc tle City of
Peariand. Feel free to contact m et the r Limbers below with any questions.
Josh Gordon
Property Manager
NT
. 2501 Central. 11'
Suite 1310 Holston. Texas 77092 7Y 3 • 903 • 0963 Fax 713 •963 8319
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ENGINEERS SURVZ-YORS 1 PLANNERS
LANDSCAPE ARCHTECTS 1 ENVIRONMENTAL SC1ENTiSTS
4800 Sugar Grave Bokilevard
Suite 316
Stafford. TX 77477
281 494.1)360 Fax 281.494.030
City of Pearl. nd
Community Development
3523 Liberty Drive
Pearland TX 77581
RE: Conditional Use Permit Application
First Choice ER — Peartand SF:ye:flake sit.
Dear Sirs:
This letter Is a notice of intent to file 0 Conditional Use Permit Application for our site
at 2752 Sunrise Blvd, located within the Sunrise Lake Village Shopping Center. Our
intended use for this site is a 24-hour emergency care clinic. The current zoning
classification is General Business R tali District and an emergency care clinic may be
approved as a Conditional Use,
Our plan is to renovte an existing vacant 10,112 Sr restaurant Into an emergency
care clinic consisting of patient care areas, x-ray and Cr examination rooms, lobby
and support space_ There will &so be an area built out to serve as administrative
office space connected to the ER. The exterior will be renovated as described below
with the existing wood deck removed and replaced by a grass lawn. No expansion or
additional square footage to the building is planned. There will be twc new
entrances serving the ER, one for patient drop-off and one for ambulance pick-up.
Both are required by State law and will have new canopies to provide weather
protection for patient. There will &so be a separate entrance to the office area.
Existing exterior materials will be reused where possible with some added materials
to help match the corporate prototype image of FCER. These indude added
limestone "feature walls" and an entrance tower. The existing pitched roof towers
will be modified to match the new entrance tower but will remain at the height of
the existing steel, Where possible, we will continue to utilize the existing utilities and
fire protection system.
The only site improvements planned it to re -grade the parking lot only where
necessary to bring the entrances into ADA end TDLR compliance. 'Tills will include
the drop-off entrance as well Currently we anticipate three ground signs, two of
which are required by State law to direct patients to the emergency entrance.
If you have any questions, or need additional information, please do not hesitate to
ccntact us.
Thnnk 'ou for your time
consideration,
im Evans
Assistant Project Manger
JEE
Attachments: CUP application set
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EtiGtNEERS * $URVEYORS * PLANNERS
LANDSCAPE ARCKTECTS $ ENVRONMENTAL SCIENTISTS
4800 Sugar Grove Boulevard
Suite 318
Stafford, TX 77477
251,494,0360 Fax 281,494 0309
Lit/ of Pearland
Community Development
3523 Liberty Drive
Pearland TX 77581
RE: Conditional Use Permit Application
Acknowledgement of Sign Posting
First Choice ER — Pe,Irland Silverlake site
Dear Sirs:
This letter is an acknowledgement that a sign, manufactured to the standards of the
City of Pearland's CUP application" indicating the property is under consideration for
a Conditional Use Permit will he posted on the property as prescribed in the
application.
Thank you for your time and consideration,
,m Evans
Assistant P vject Manger
Attachments: CUP appication set
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e CUP APPLICATION Page 2 of 6 (Upda!adJure 2010)
APPLICATION CHECKL1T FOR THE FOLLOWING
Conditional Use Permits (CUP)
App!ication, filled out completely, and signed by the owner of the property to be
considered for the conditional use permit.
If the applicant is the designated agent, the application shall include a written
statement from the property owner authorizing the agent to file the application on
his behalf. Section 1.2.1.1 (a) of the Unified Development Code.
Metes and Bounds. Description, (Survey, or a PIat cf the property that contain the
metes and bounds description),
ug Parcel map, printed from the City of Pearland website, hdicating thelocation and
boundaries of the subject property.„
a/Letter of Intent, explaining the conditional use permit request in detal specifying
proposed uses, specific operations of the use, square footage of buildings,
unique characteristics of the property, and any other necessary informaton
Application fee of $450,00, by cash, check made payable ta the City Pearland,
or credit card (Visa and MasterCard only)
2 Site Plan or Piot Plan showing the proposed layout of the subject property,
including any proposed buildings, parking, landscaped areas, detention ponds,
fences, and any other relevant information
ETAcknowledgernent of the sign to be posted on the property 10 days prior to the
public hearing
D'Provide evidence or proof that aU taxes and obhgations have been paid regarding
the subject property.
o Application packets that are not complete will not be accepted. When a
completed application packet has been accepted and reviewed, additional
information may be required by staff as a result of the review, it may be
necessary to postpone the proposed CUP/Zone Change and remove it from
the scheduled agenda and place It on a future agenda date according to
Section 1.2.1.2 of the Unified Development Code,
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ORDINANCE NO. CUP2013-08
Exhibit "D"
Planning & Zoning Commission
Recommendation Letter
October 22, 2013
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2013-08
Honorable Mayor and City Council Members:
At their meeting on October 21, 2013, the Planning and Zoning Commission considered
the following:
A request of Greg McGahey, applicant for Rebound Properties, Limited, owner,
for approval of a Conditional Use Permit, within a General Business Retail
District (GB) on approximately 1.01 acres of land, to allow an Emergency Care
Clinic on the following described property:
LEGAL DESCRIPTION: Reserve "A," being 1.01 acres of the Final Plat of
Sunrise Lake Village; a 8.42 acre tract, situated in the John W. Maxey Survey,
Abstract 721, and being part of and out of a 208.10 acre tract described by deed
recorded in Volume 1107, Page 859 of the Deed Records of Brazoria County,
City of Pearland, Texas.
GENERAL LOCATION: 2752 Sunrise Blvd. Pearland, TX
After staff presentation Commissioner Daniel Tunstall made a motion to approve the
Conditional Use Permit (CUP), subject to the following condition:
1) The site shall be redeveloped in accordance with the site plan, as submitted by
the applicant, and all applicable City requirements.
The motion was seconded by Commissioner Matthew Hanks. The vote was 6-0 and
the motion passed.
Sincerely,
Johnna Matthews
Senior Planner
On behalf of the Planning and Zoning Commission