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Home My WebLink AboutORD 24-061ORDINANCE NO.24-061 ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW AN AMBULATORY SURGERY CENTER IN A GC- MD-2 (GENERAL COMMERCIAL -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, subject to the following condition: 1. All Building and Fire codes related to the use must be met; and, WHEREAS, on September 26, 2023, City Council approved Ordinance No. 23-075 issuing an amended 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, by extending the deadline date to September 26, 2024, subject to the following condition: 1. All Building and Fire codes related to the use must be met; and, WHEREAS, Occu-Health Surgery Center wishes to amend the amended specific use permit by extending the deadline to October 15, 2025 to allow 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, 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 14eaumont this the 15th day of October, 2024. - Mayor Roy West - Beaumont, Jefferson County, Texas, containing 3.63 acres, more or less, as shown on Exhibit "A," attached here to and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval to amend the amended specific use permit by extending the deadline to October 15, 2025, to allow for an ambulatory surgery center in a GC- MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located at 6510 Folsom Drive, subject to the following condition: 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 amended 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 IT 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 23-075 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 October 15, 2025, to allow the construction of an ambulatory surgery center subject to the following condition: 1. All Building and Fire Codes related to the use must be met. September 27, 2024 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 26, 2024. 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. Now that construction cost have gone down, and interest rates have lowered, we have determined now is a better time to proceed with the construction of our ASC. 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,coni * 3720 Westheimer Rd Ste 601 Houston TX 77027 * (281) 247-5554 DATE: September 20, 2021 TO; l'laiming Commission and City Council FROM: Chris Boone, Director of Planning mud 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. FILE: PZ2021-289 STAFF REPORT Occu-TIcalth Surgery Center is requesting a Specific Use Permit to allow all ambulatory surgery center at 6510Folsom 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, tlrc applicant intends to roars on occupational medicine and surgery. Sollre Surgeries may require an overnight stay and surgeries Inay be performed seven (7) clays a week. The maximum rmmber of patients staying overnight will be limited to three (3). Staff recommendn approval with the following condition; 1. All building and fire codes )-elated to the use must be met. Please note that fnml occupancy approval is subject to review and acceptance of submitted plans alul field inspections to verily compliance with applicable codes, Exhibits arc attached. PUBLIC NOTIFICATION Notices railed to property owners 31 Responses in Favor Respolrses Ill Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Beim, Plat RS-eljract 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 PEIMI`1' (SECTION 30-26.11,, ZONING ORDINANCE) Condillolls: Application Application is ill is not ill Comments compliance compliance Attached 1, 'I'llat the specific use will be compatible wily and llot iujuriolls to (lie use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X .............. 2. 'That tho ostablislullont of Elie specifla ttso will not impede tho normal and.orderly development and ilpilrovclllcnt of surrollrldillg vacant property; x 3. That adequate utilities, access Toads, drainage and other necessary supporting facilities have been or will be provided; x 4. The design, location and arrangement oi'all driveways and parking spaces provides for the safe and convenient movement ofvchicnlar and pedestrian traffic without adversely affecting the general public or adjacent (love lopinaltts; x 5. That adequate nuisance prevention pleasures have been or will be taken to prevent or control offensive odor, Curves, dust, noise and vibration; x G. That directional lighting will be provided so as not to disturb or adversely affect neighboring proporlies; X 7. I'llat there are sufficiont landscaping and screening to insuro harmony and compatibility with adjacent property; and,--......X 8. 'That the proposed use is ill accordance with Illc Comprohonsive Plali. X GENERAL INF0RMA`rI0N/PIJB),IC U`I'II,IT1U,8 APPLICANT: Occil-Health Surgery Center PROPERTY OWNBIR: Jay Mackey LOCATION: 6510 Folsom Drive NXiS'1'ING ZONING: (3c-MI)-2 (C e11erai Commercial -- Multiple-Family Dwelling —2) PROPERTY SIZE: —3.6 acres EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: _.. X �- Area determined to be outside the 500 year flood plain and X500" SURROUNDING LAND USES: SURROUNDING ZONING: NORITI: Residelltial RM-PI (Residential Multiple. -Family Dwelling — Highest Density) EAST: Commercial GC-MD-2 (General Conunercial - Multiple Family Dwelling District - 2) SOUTH: Vacant GC -MD wj"I STI Vacnilt GC-MD-2 C".OMPRI7,I-1RNSIVC PLAN: Neighborhood Growth Unit STREETS: Folsom Drive - Secondary arterial with a 100' wide right -of way and a 50 pavement 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 litre SANITARY _SEWER SER.VICI : 42" sanitary sewer lisle JlR0Pr,RTV OWNERS NOTIFIED WITHIN 200' A'I:,1,.I'OP JEREMY C ALSDURF MARY L ARFEEN OMAIR BAXSCN BUILDERS LLC BEAUMONT COUNTY PARCELS LLC BEVILACQUA INVESTMENTS LLC DURHAM JAMES E GUSEMAN CONSTRUCTION I - XI) HAWKES CHARLES KEITH & HIGHLANDS POINTO OWNERS ASSN HUNG LE CUONG JIFFTRSON COUNTY D D G JUANSRICH LTD LANE JOANNE D LIGHTY FRANCES II LIMING BARBARA LINK MAIMS: & CAtWEYN MIDDLETON MARGARET CHAI.t1,01"I`I N & N BEAUMONT LLC NANCI?, DANICA PEEBI,ES ROTA R'I' I-1 & GRETAA F POINTE PARK HOMEOWNERS ASSOCIATION SCO'I"I' PRESTON & CATHERINE SMITH KI- NNE` 1-1 B JR & BARBARA E SNELSON ALEXANDER C & DENA TOUCH AND GO LP TRAYLOR GEORGE W & KATHY WHITE DENNIS P & JAY A BEAUMONT Plaming & Community Development Case Type.Planning and Zoning Case Status: PAY FEES Case Stab Type: Spoolllc: Use Permit Tag Name: Amhulntory Surgery Center Case #, P72021-289 Inhinted On: 8/2612021 9:41:54AM Location: 6610 FOLSOM DR, BEAUMONT, 77708 Individuals listed on the record: 6pplica" 00CLI-Health Surgery Center Home Phone: 9324916(395 6610 Folsom Dr Work Phone: Beaumont, TX 77708 Cell Phone: 8324916695 E-Mall: jayiiiackey32@gmall.com gmall.com PLOPedy Ownar Jay Mackey Home Phone: 8324916695 919 Knox St Work Phone: Houston, TX 77007 Cell Phone: E-Mall: jaymackey32 c@gmall•com c enl Tlsha Self Home Phone: 4098335055 One Acadiana Court Work Phone: Beaumont, TX 77706 Call Phone: 4096580330 E-Mail: tlsha@cbcaaa,com Case Type: Planning and Zoning page 1 of 2 Cnsei Ih PZ2021-289 P(Inted On, 8125/202/ BEAUMONT Planning & Community Development Legal Doscrlptlon AmbulatorySurgery Center Nrmrbur of Acres 3.60 Proposed Use Surgery Center That the specific use will be This business will augment the adjacent occupational medical compatible with and not Injurious to fnellily. file use and enjoyment of other property, nor significantly diminish or Impair property values within the Immediate vicinity That the establishment of the specific Wo will not Impedo any development or surrounding buslaossos use will not Impede the normal and orderly development and Improvement of surrounding vacant property; That adequate utilities, access roads, Uliiltles have been provided drainage and ather necessary supporting facilities have been or will be provided The desfgn,Jocation and arrangement Yes, Thoy are already in place of all driveways and parking spaces providos for the safe and convenient movement of volnlcular and pedestrian traffic That adequate nuisance prevention Yes. Prevonlalivo measures will be in place, measures have been or will be taken to provont or control offensive odor, fumes, dust, noise and vibralion That directional 110110110 will be Yes. No additional lighting will be 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 compatibliity with adjacent property That tho 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 Page 2 of 2 Casa 4: PZ2021-269 Printed On: 912512021 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 fir. Verrna. 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 100,000 workers employed In the area. Per Texas Workers Comp data about 3 per every 100 workers experience a work -related injury, with approximately another 7% that goes undisclosed to "TWC. That accounts for 10,000 cases in the general area that are being treated In either the hospital OR or stand-alone Arc'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 15% 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 interest from 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. PnL6{,(j PR11/d nea000suurAxrn,rx @ A oem asvtcnv9 ��rrw-rrr rAxrn.YxagflrYrfi6pUlrvdx; trc�arzxswrx i5t ii `i �o,„�„� a� . mLxhYURty rrvSu OW.tx srrnn w A,� n�� .�HMaysny i Inn ►Myrr!;. Y; EXHISIT IV) Z2021-289: Request for a Specific Use Permit to allow an ambulatory surgery center in CC-MD-2 (General Commercial — Multiple -Family -w 2) Zoning Distract, pplicant: C}cctil-Health Surgery Center ocation: 6510 Folsoln Drive 0 100 200 300 400 l __ I_ 1 E I ! Foot