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HomeMy WebLinkAboutORD 23-075ORDINANCE NO. 23-075 ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW AN AMBULATORY SURGERY CENTER IN AN GC- MD-2 (GENERAL COMMERICAL MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 6510 FOLSOM DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on September 28, 2021, City Council approved Ordinance No. 21- 064 to allow a specific use permit for an ambulatory surgery center in a GC-MD-2 (General Commercial --Multiple Family Dwelling-2) District for property located at 6510 Folsom Drive, being Plat RS-4, Tract 1-V-3, W.B. Dychess Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 3.63 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, Occu-Health Surgery Center wishes to amend the specific use permit for an ambulatory surgery center in an GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 6510 Folsom Drive, being Plat RS-4, Tract 1-V-3, W.B. Dychess Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 3.63 acres, more or less, as shown on Exhibit "A," attached hereto; and WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval to amend the specific use permit by extending the deadline to September 26, 2024 to allow for an ambulatory surgery center in an GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 6510 Folsom Drive, subject to the following conditions: 1. All Building and Fire Codes related to the use must be met; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit to allow an ambulatory surgery center is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That Ordinance 21-064 be amended by amending a specific use permit granted to Occu-Health Surgery Center, their legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, by extending the deadline to September 26, 2024 to allow the construction of an ambulatory surgery center subject to the following conditions: 1. All Building and Fire Codes related to the use must be met. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaufnont this the 26th day of September, 2023. - Mayor Roy West - @CCU-HEA-LT September 1, 2023 Jay Mackey Occu-Health Surgery Center Managing Partner / CEO 3720 Westheimer Rd Ste 601 Extension for Specific Use Permit Occu-Health Surgery Center 6510 Folsom Drive, Beaumont, Texas 77706 To City Council, Request: Occu-Health requests the Council to extend the approved Specific Use Permit for one year. Background: Specific Use Permit was granted for Occu-Health Ambulatory Surgery Center (PZ2021-229), this will expire September 28, 2023. Occu-Health received a Specific Use Permit variance. Since then, we worked on getting design documents, permit documents for construction, and received construction permit approval on May 1, 2023. We are in the process of bringing on another doctor/investor and need to wait until that process is complete before starting construction. We are requesting an extension to the time limit as allowed under the Time limit provision of the ordinance of the Specific Use Permit. A standard extension of one year should be adequate. The original variance for the purpose of changing a clinic to an ASC/Clinic will not change, only the existing variance time limit needs to be extended. Best Regards, Jay Mackey Occu-Health Surgery Center Managing Partner/ CEO www.occuhealthsurgery.com * 3720 Westheimer Rd Ste 601 Houston TX 77027 * (281) 247-5554 DATE: September 20, 2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Specific Use Permit to allow an ambulatory surgery center in a GC-MD-2 (General Commercial -- Multiple -Family Dwelling — 2) Zoning District, VILE: PZ2021-289 STAFF REPORT Occu-Health Surgery Center is requesting a Specific Use Permit to allow an ambulatory surgery center at 6510 Folsom Drive. The primary use of the property will remain a clinic open 9 a.m. till 5 p.m. Monday thru Friday. In addition to a clinic, the applicant intends to focus on occupational medicine and surgery. Some surgeries may require an overnight stay and surgeries may be performed seven (7) days a week. The innaxiinuinn number of patients staying overnight will be limited to three (3). Staff recommends approval with the following condition: 1. All building and fire codes related to the use must be met. Please note that fnial occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notiecs mailed to property owners 31 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat RS-4, Tract 1-V-3, W. B. Dychess Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 3,63 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.El ZONING ORDINANCE) Conditions: Application Application is in is not in Comments co►lll]11ance Coll l ]liallC0 Attached 1, That the specific use will be compatible withand. not injurious to file use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; x 2. Tllat tl►e establisllinellt of the specific Ilse will )lot impede the normal andorderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and conveniont movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; x S. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fines, dust, noise and vibration; G. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there, are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8, That the proposed Ilse is in accordance with tho Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Occu-Hcalth Surgery Center PROPERTY OWNER: ray Mackey LOCATION: 6510 Folsom Drive EXISTING ZONING: GC-MD-2 (General Commercial — Multiple -Family Dwelling — 2) PROPERTY SIZE: —3.6 acres EXISTING LAND USE, Commercial FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year flood Plain and X500" SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RM-H (Residential Multiple -Family Dwelling — Highest Density) EAST: Conunercial CC-MD-2 (General Commercial - Multiple Family Dwelling District - 2) SOUTH: Vacant GC -MD WEST: Vacant GC-MD-2 COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Folsom Drive - Secondary arterial with a 100' wide eight -of -way and a 56pavement width. Pointe' Parkway - Major collector with an 80' wide right-of-way and two 24' pavement widths with a 10' median. DRAINAGE: Curb and gutter. WATER: 16" water line SANITARY SEWER SERVICE: 42" sanitary sewer line PROPEIrrY OWNERS NOTIFIED WITHIN 200' ALLTOP JEREMY C ALSDURF MARY L ARIiEEN OMAIR BAXSEN BUILDERS LLC BEAUMONT COUNTY PARCELS LLC BEVILACQUA INVESTMENTS LLC DURHAM JAMES E GUSEMAN CONSTRUCTION LTD HAWKES CHARLES KEITH & HIGHLANDS POINTE' OWNERS ASSN HUNG LE CUONG JEFFERSON COUNTY D D G' JUANSRICH LTD LANE JOANNE D LIGHTY FRANCE,S H LIMING BARBARA LINK MARK & CAROLYN MIDDLETON MARGARET CHARLOTTE N & N BEAUMONT LLC NANCE DANICA PEEBLES ROBERT H & GRETA F POINTE PARK HOMEOWNERS ASSOCIATION SCOTT PRESTON & CATHERINE SMITH KENNETH E JR & BARBARA E SNELSON ALEXANDER C & DENA TOUCH AND GO LP TRAYLOR GEORGE W & KATHY WHITE DENNIS P & JAY A BEAUMONT Planning & Community Developrtietit Case Type:Planning and Zoning Case Status, PAY FEES Case Sub Tyne: Specific Use Permit Tag Name: Ambulatory Surgery Center Case 11: PZ2021-289 Initiated On: 8/2512021 9:41:54AM Location: 6510 FOLSOM DR, BEAUMONT, 77708 Individuals 11sted on the record: Awfican1 Occu-Health Surgery Center 6610 Folsom Dr Beaumont, TX 77706 Properly Owner Jay Mackey 918 Knox St Houston, TX 77007 Agent Tisha Self One Acadlana Court Beaumont, TX 77706 Case Type: Planning and Zon(ng Case 1k PZ2021-289 Home Phone: 8324916696 Work Phone: Cell Phone: 8324916695 E-Mail: jaymaci<ey32@gmall,com Home Phone: 8324916696 Work Phone: Cell Phone: E-Mall: jaymackey32@gmall.com Home Phone: 4098335055 Work Phone: Cell Phone: 4096680330 E-Mail: tisha@cbcaaa.com I Wage 1 of 2 Printed On: 8/25/2021 BEAUMONT Planning & Community Development Legal Description Ambulatory Surgery Center Number of Acres 3.60 Proposed Use Surgery Center That the specific use will be Thls business will augment the adjacent occupalional medical compatible with and not Injurious to facility. the use and enjoyment of other properly, nor significantly diminish or Impair property values within the Immediate vicinity That the establishment of the specific We will not impede any development or surrounding businesses use will not Impede the normal and orderly development and Improvement of surrounding vacant property; That adequate utilities, access roads, Utilities have been provided drainage and other necessary supporting facilities have boon or will be provided The dosign,,location and arrangement Yes. They are already In place of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention Yes. Preventative measures will be in place, measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be Yes. No additional lighting will he added as as to disturb neighboring provided so as not to disturb or properties, adversely affect neighboring properties That there are sufficient landscaping Landscaping will be maintained, and screening to Insure harmony and compatibility with adjacent property That the proposed use Is in The property will only be used as outlined In the comprehensive plan, accordance with the Comprehensive yes, Plan Notes: Case Type: Planning and Zoning Pape 2 of 2 Case 11: PZ2021 2flp Printed On: 8126/2021 Summary of Beaumont Occ-Med Market Occu-Health Surgery Center has identified a property in Beaumont, TX that is Ideal for the placement of an Ambulatory Surgery Center. The consideration for this geographical location came about through a meeting with Prime Occupational Medicine (POM). This group Is the leading occupational medicine clinic in the Louisiana market and has recently made an aggressive expansion into the Southeast Texas Market. POM engaged Occu-Health ASC with the task of creating a Surgeon Network that focuses on the surgical treatment of patients with Industrial Injuries - a significant niche market In the area currently devoid of a satisfactory solution. The only private group of orthopedic and hand surgeons was recently acquired by a large health system that does not focus on occupational medicine. Additionally, there are other large occupational medicine clinics In the area that already refer patients to Dr. Verma. These Include NOVA, AFC Urgent Care, Occupational Medical Care Nederland, and Golden Triangle ER in Port Arthur. Thus, this market would act as a natural addition and adjunct to the Houston Area project. The Golden Triangle (Beaumont, Port Arthur, Orange) has a combined population is 404,000 residents with roughly 1.00,000 workers employed In the area. Per Texas Workers Comp data about 3 per every 1.00 workers experience a work -related Injury, with approximately another 7% that goes undisclosed to TWC. That accounts for 1.0,000 cases in the general area that are being treated in either the hospital OR or stand-alone ASC's, With 70% of cases being upper extremity, as hand being the most common work -related injury, there Is a budding market of 7,000 case opportunities to be treated by local orthopedic surgeons. It isn't unrealistic that occu-Health could capture 1.5% of the existing market. This is independent of any elective cases that local surgical partners will perform at our center. Besides our current relationships in the Beaumont area and the early Interest from local providers to work with us, there is another market that we generally never outline In our performance model -- Personal Injury (PI). Motor Vehicle Accidents are the number 1. cause of litigation in the state of Texas, with hundreds of thousands being reported In the Golden Triangle region. With our existing relationships in PI and our intimate knowledge in how to process these claims, we can confidently expect this market to increase our volume anywhere from 15-30 cases per month. We have Identified interestfrom a seasoned ASC and Micro Hospital CEO, Pat O'leary. Mr. O'leary has decades of experience running efficient and profitable ASCs and understands how to attract and mobilize local surgeons to the ASC. Mr. O'leary has expressed interest in relocating back to Houston to oversee operations of these two facilities, Lastly, it Is our firm belief that with our Occupational Medicine partners, Advanced Surgical Partners, Personal Injury Partners, and the reputations of the practitioners that we have Identified to collaborate with, we have a tremendous opportunity to be the premiere ASC in the Gulf Coast that has a primary focus on Workers Comp. Imo- !T i�. FALSMI i7pJvti r. UR B(1pDD1�5UFi(7.I.ff.Pa. ({O])tJ715iSyPN. YL]'YRAL7Tk' �� NO PA. RSV1i;gY.9 � i'Ahf1LYh®!Q'NE 8Uf1I5RX: gos�xi:a{a a7t M ii '1` nx�rcn r� �� ., i {Y))[bbMllRfITG B!'vSUMOYf, TX NO EXHIBIT "C" Z2021-289: Request for a Specific Use Permit to allow an ambulatory suzgeiy center in GC-MD-2 (General Commercial -- Multiple -Family -- 2) Zoning District, pplicallt: 4cclt-Health Surge>ly Center ocation: 6510 Folsom Drive 0 100 200 300 400 1 1 1 1 1 1 Feet