Ord. 2014CUP-09 2015-01-26Ordinance No. CUP 2014-09
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow a Nursing/Convalescent Home, for certain
property, being a 9.4083 tract of land located in the H.T. & B.R.R. Company
Survey, Abstract 300, Brazoria County Texas; said 9.4083 acre tract being all of a
called 3.39 acre tract of land recorded in the name of George D. and Mary
Fishman in Clerk's File Number 2005061002 of the Official Records of Brazoria
County (O.R.B.C.) Texas, the remainder of a called 3.3 acre tract of land (North 3.3
acres) recorded in the name of George D. and Mary Fishman in Clerk's File
Number 97-015077 of the O.R.B.C. and the remainder of a called 3.3 acre tract of
land (South 3.3 acres) recorded in the name of George D. and Mary Fishman in
Clerk's File Number 97-010496 of the O.R.B.C, with ownership being conveyed to
new owners, now being Global XYZ Development, (located on the west side of
Business Center Drive, north of County Road 59; and west of State Highway 288),
Conditional Use Permit Application No 2014-09, within the BP 288 zoning district;
at the request of BGE Kerry R. Gilbert and Associates, applicant; on behalf of
George Fishman, owner; containing a savings clause, a severability clause and
an effective date and other provisions related to the subject.
WHEREAS, BGE Kerry R. Gilbert and Associates, applicant; on behalf of George
Fishman, owner, with ownership being conveyed to new owners, now Global XYZ
Development; is requesting approval of a Conditional Use Permit on approximately 4.3
out of a called 9.4 acres of land to allow for a Nursing/Convalescent Home; said
property being legally described in the legal description attached hereto and made a
part hereof for all purposes as Exhibit "A.' and more graphically depicted in the vicinity
map attached hereto and made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 20th day of October 2014, 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 15th day of December, 2014, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit to allow a Nursing/Convalescent Home on
approximately 4.3 acres of a total 9.4 acre tract, 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, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meetings on the 12th day of January 2015
and the 26th day of January 2015; 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 BGE Kerry R. Gilbert and Associates, applicant; on behalf of
George Fishman, owner; said property now being conveyed to Global XYZ
Development; for approval of a Conditional Use Permit on approximately 9.4 acres of
land to allow for a Nursing/Convalescent Home; 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 City
Limits of the City of Pearland, Texas, and presently being located within the Business
Park 288 (BP -288) zoning district, is hereby granted a Conditional Use Permit to allow a
Nursing/Convalescent Home, subject to all requirements of the BP -288 zoning district
and the site plan attached hereto and made a part hereof for all purposes as Exhibit '`E",
in accordance with all conditions and requirements of the current Unified Development
Code and incorporated for all purposes, such property being more particularly described
as:
Page 2 of 12
Ord. No CUP 2014-09
LEGAL DESCRIPTION: Being a 9.4083 tract of land located in the H.T. & B.R.R.
Company Survey. Abstract 300, Brazoria County Texas; said 9.4083 acre tract
being all of a called 3.39 acre tract of land recorded in the name of George D.
and Mary Fishman in Clerk's File Number 2005061002 of the Official Records of
Brazoria County (O.R.B.C.) Texas, the remainder of a called 3.3 acre tract of
land (North 3.3 acres) recorded in the name of George D. and Mary Fishman in
Clerk's File Number 97-015077 of the O.R.B.C. and the remainder of a called 3.3
acre tract of land (South 3.3 acres) recorded in the name of George D. and Mary
Fishman in Clerk's File Number 97-010496 of the O.R.B.C; now being conveyed
to new owners, Global XYZ Development.
GENERAL LOCATION: West side of Business Center Drive, north of County
Road 59; and west of State Highway 288
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 and that no valid protest of the proposed change has been
made. 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 amendment adopted herein 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.
Page 3 of 12
Ord. No CUP 2014-09
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 12th day
of January, 2015.
ATTEST:
Y� NG LA" "G T.4 C /
YSEP"FTARY
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th
day of January, 2015.
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 12
Ord. No CUP 2014-09
Ordinance No. CUP 2014-09
Exhibit "A"
Exhibit A
Legal Description
Being a 9.4083 tract of land located in the H.T. & B.R.R. Company Survey. Abstract
300, Brazoria County Texas: said 9.4083 acre tract being all of a called 3.39 acre tract
of land recorded in the name of George D. and Mary Fishman in Clerk's File Number
2005061002 of the Official Records of Brazoria County (O.R.B.C.) Texas, the remainder
of a called 3.3 acre tract of land (North 3.3 acres) recorded in the name of George D.
and Mary Fishman in Clerk's File Number 97-015077 of the O.R.B.C. and the remainder
of a called 3.3 acre tract of land (South 3.3 acres) recorded in the name of George D.
and Mary Fishman in Clerk's File Number 97-010496 of the O.R.B.C, Pearland, Texas
Page 5 of 12
Ord. No CUP 2014-09
ERIA1, MAP
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Ordinance No. CUP 2014-09
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed was published in said newspapers in its issue(s) of October 2, 2014.
YeZ
}Publisher's Representative
Sworn to and subscribed before me this /01-11 day of Nol/ • , 2014.
Notary Public
My commission expires on
1.17 to
L SARAN REBECCA FERGUSON
MY COMMISSION EXPIRES
January 17, 2016
eoluAoNaL LL C / D cur Towel
(!tW 10/1 -o?
Bay Area Citizen • Friendswood Journal • Pearland Journal
Thursday, October 2, 2014, Page 17A
NOTICE OF A JOINT PUBLIC HEARING OF
THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT (CUP) APPLICATION NO.
CUP 2014-09
Notice is hereby given that on October 20, 2014 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 conduct a joint public
hearing in the Council Chambers of City Hall, located at
3519 Liberty Drive, Pearland, Texas, on the request of
BGE Kerry R. Gilbert & Associates, applicant; on behalf
of George Fishman, owner; for approval of a Conditional
Use Permit to allow for a Nursing/Convalescent Home
within the Business Park — 288 (BP -288) zoning district,
on property located west of Business Center Drive, south
of Pearland Town Center, more specifically described as:
Being a 9.4083 tract of land located in the H.T. & B.R.R.
Company Survey, Abstract 300, Brazoria County Texas;
said 9.4083 acre tract being all of a called 3.39 acre tract of
land recorded in the name of George D. and Mary Fishman
in Clerk's File Number 2005061002 of the Official Records
of Brazoria County (O.R.B.C.) Texas, the remainder of a
called 3.3 acre tract of land (North 3.3 acres) recorded in
the name of George D. and Mary Fishman in Clerk's File
Number 97-015077 of the O.R.B.C. and the remainder of
a called 3.3 acre tract of land (South 3.3 acres) recorded
in the name of George D. and Mary Fishman in Clerk's File
Number 97-010496 of the O.R.B.C.
General Location: West of Business Center Drive, south
of Pearland Town Center, Pearland, TX
At said hearing, all interested parties shall have the right
and opportunity to appear and be heard on the subject.
For additional information, please contact the Planning
Department at 281-652-1765.
lan Clowes
Senior Planner
Exhibit C
Legal Ad
NOTICE OF A JOINT PUBLIC HEARING OF
THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT (CUP) APPLICATION NO.
CUP 2014-09
h4iti•,.0 e, hereby given that on Octabur 20. 2014 at
ti.S..J p.m., the City Council and Planning and Zoning
C1 J n r ni ssion of the City of Pea rland, in Bra.oria, Har ri s
and Fart Bend Counbes, Texas, will conduct a Joint public
hearing in the Council Ctaambers of City Hall, located al
3519 Liberty Drive, Pearland, Texas, on the request of
BGE Kerry R. Gilbert & Associates, applicant; ori behall
of George Fishman, owner; tor approval of a Corrddiona
Use Nunn b allow for a Nersing/Convafeascent Home_
within the l3usiikss Park - 288 (BP 288) totting district,
on property 101;a tori west of Business Center Drive, south
of Ptrarlarrd Town Center, more specifically described as:
Being a 9.4083 tract of larxl located in the H.T. & B.R.R.
Company Survey, Abstract 31)0, Brazoria County Texas;
said 9.4093 acre tract being all of a called 3.39 acre tract of
land recorded in the name of George D. and Ma ry F ish ma n
in C ries File Number 200506102122 of the Of fic; is I Re crx tl
el Braztit is County (O.R.B.C.) Texas, the remainder of a
called 3.3 acre tract of land (North 3.3 acnes) ret;otded in
tint! risme of George D. and Mary Fishman in Cleric's Filer
Number 97-015077 of the O.R.B.C. and the remainder of
a called 3.3 acre tract of land (South 3.3 ages) recorded
in the narrre of Geaorge D. and Mary F ishman in Clerk's Fik'
Number 97-0104915 el the O.R.B.C.
General Location: West of Business Center Dave, sou Ih
of Peariand Town Center, Peariand . T X
At said hearing, ail interested parties shall have the riytO
and opportunity to appear and be heard on the subject.
For additional information, please contac-i the Planning
Department at 281-652-1765.
Ian C $owes
Serticx Planner
Page 7 of 12
Ord. No CUP 2014-09
Ordinance No. CUP 2014-09
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
December 16. 2014
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland. TX 77581
Re: Recommendation on Conditional Use Permit Application No. CUP 2014-09
Honorable Mayor and City Council Members:
At their meeting on October 20, 2014. the Planning and Zoning Commission considered
the following:
A request of BGE Kerry R. Gilbert and Associates. applicant: on behalf of George
Fishman. owner: with ownership being conveyed to Global XYZ Development; for
approval of a Conditional Use Permit (CUP) within the Business Park 288 (BP -
288), to allow a Nursing/Convalescent Home on approximately 4.3 acres of a
total 9.4 acres. to wit:
Legal Description: Being a 9.4083 tract of land located in the H.T. & B.R.R.
Company Survey, Abstract 300, Brazoria County Texas; said 9.4083 acre tract
being all of a called 3.39 acre tract of land recorded in the name of George D.
and Mary Fishman in Clerk's File Number 2005061002 of the Official Records of
Brazoria County (O.R.B.C.) Texas, the remainder of a called 3.3 acre tract of
land (North 3.3 acres) recorded in the name of George D. and Mary Fishman in
Clerk's File Number 97-015077 of the O.R.B.C. and the remainder of a called 3.3
acre tract of land (South 3.3 acres) recorded in the name of George D. and Mary
Fishman in Clerk's File Number 97-010496 of the O.R.B.C, Pearland, Texa
General Location: West side of Business Center Drive, north of County Road
59. and west of State Highway 288. Pearland. TX
Page 8 of 12
Ord. No CUP 2014-09
Commissioner Derrick Reed made a motion to postpone the item until January 30,
2015. The motion was seconded by Commissioner Elizabeth McLane seconded. The
motion passed 4/0, with Commissioner Mary Starr recusing herself and Commissioner
Linda Cowles absent.
The Commission had the following concerns, and how the concerns were addressed by
the applicant is included below in red, italicized font:
1. The Planning and Zoning Commission (The Commission) recommended a wet
detention pond with amenities. The Commission advised that the detention pond
does not have to mirror the detention proposed to the south for Costco. The
Commission also requested a better understanding of the reason that the
detention had to be dedicated to Brazoria County District No. 4.
The original site plan illustrated an 8 -foot masonry screening wall along the
eastern boundary of the detention area and a 30 -foot wide landscape buffer
between the detention area and the first row of parking spaces along the western
most boundary of the site. The 30 -foot landscape buffer included ground cover
only.
The revised site plan depicts a 30 -foot buffer which includes 56 evergreen shrubs
and 12 ornamental shade trees along the east side of the proposed masonry
screening wall, for a continuous row of shrubs/trees to add to the proposed
landscape screening buffer for the amenitized detention area. Also included
within the 30 -foot landscape buffer are 3 benches and a 4 -foot concrete
sidewalk, with enhanced landscaping including ornamental shade trees, which
are in addition to previously mentioned shrubs/trees along the eastern boundary
of the detention area.
The applicant provided a letter from Costello Engineering and Surveying
regarding the deviation from a wet detention pond (See Attachment included in
the 12.15.14 PZ Packet).
2. The Commission recommended sidewalks and street trees along both sides of
the pole (access easement) of the proposed flag lot, in keeping with the
"Complete Streets" concept.
The applicant has incorporated 4- foot sidewalks along the north and south sides
of the pole portion (access easement) of the flag lot. Sidewalks along the
perimeter of buildings have been increased to 5 feet. The site plan depicts
pedestrian connectivity throughout the entire site. Sidewalks currently exist
along Business Center Drive.
The number of trees along the pole portion of the proposed flag lot has increased
substantially from the original site plan, from 6 ornamental trees along the
northern boundary of the pole and 5 shade trees along the southern boundary of
the pole; to 11 ornamental trees and 8 shade trees, along the northern boundary
Page 9 of 12
Ord. No CUP 2014-09
of the pole; and 5 shade ornamental trees and 5 shade trees along the southern
boundary of the proposed flag lot.
The applicant has also incorporated stamped concrete decorative paving along
the access easement in 2 areas and throughout the site.
3. Discussion ensued regarding screening and connectivity to the south (Costco).
The site plan originally submitted did not show screening and how the site relates
to the property to the south regarding connectivity and screening. The
Commission asked for additional landscaping along the southern boundary of the
site.
In addition to a 6 -foot landscape buffer along the southern boundary of the site,
which includes enhanced landscaping with 25 evergreen shrubs, 8 ornamental
trees, and 4 shade trees; the site plan depicts 3 benches and 4 -foot concrete
sidewalks for pedestrian connectivity along the southern boundary of the site.
4. The Commission requested renderings/elevations of the building on all sides.
The Commission also requested a "better" site plan, as the site plan submitted
was fuzzy and did not give a "feel for the development."
The applicant has submitted an updated site plan, which depicts enhanced
landscaping, including evergreen and deciduous shrubs, groundcover,
perennials, and seasonal color; and various amenities including pedestrian
connectivity throughout the site; benches with wheelchair spaces; a water
fountain; and stamped concrete decorative paving throughout the site.
Building elevations have been provided depicting all sides of the building.
Renderings of similar projects that were constructed with similar materials and
styles were also submitted. The elevations and renderings give a better
understanding of the nature and aesthetic quality of the proposed development.
5. The Commission recommended that the applicant address all staff concerns and
incorporate them into the development. Staff recommended conditions follow:
a) In addition to the proposed screening wall. staff recommends a vegetative
screen, on the east side of the proposed screening wall (within the
proposed 30 -foot buffer) to provide a visual screen from the proposed
wall. The vegetative screen shall incorporate plantings and shrubs.
Shrubs shall be placed a minimum of 3 feet on center.
The above condition has been met. See Commission recommended
condition # 2 above.
b) The applicant is seeking approval of a flag lot from the Planning and
Zoning Commission. Staff recommended the following conditions for the
proposed flag lot:
Page 10 of 12
Ord. No CUP 2014-09
The access easement located within the pole portion of the subject
parcel shall be treated as City Street. requiring 1 caliper inch of tree
for every 15 feet of frontage on either side of the easement, with
each tree having a minimum of 2 caliper inches.
A total of 20 caliper inches are proposed and shown on the site
plan along both sides of the access easement within the pole
portion of the proposed flag lot.
ii. Sidewalks shall be required along both sides of the access
easement located within the pole portion of the proposed flag lot,
and shall connect to both Business Center Drive, and to planned
walkways within the development.
Four foot sidewalks are provided along the majority of both sides of
the pole portion/access easement of the proposed flag lot.
At the regular meeting of the Planning and Zoning Commission on December 15. 2014.
Commissioner Daniel Tunstall made a motion to approve CUP 2014-09, to allow a
Nursing/Convalescent Home on the subject property. The motion was seconded by
Commissioner Elizabeth McLane. The motion passed 5/0, with Commissioner Mary
Starr recusing herself and all other Commissioners in favor of the request.
Sincerely,
Johnna Matthews
City Planner
On behalf of the Planning and Zoning Commission
Page 11 of 12
Ord. No CUP 2014-09
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Ordinance No. CUP 2014-09
Exhibit "E"
Exhibit E
Site Plan
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Page 12 of 12
Ord. No CUP 2014-09