Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-3/25/2013 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, March 25, 2013 City Council Chambers CALL TO MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on March 25, 2013 at 7:15 p.m. Roll Call Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, David Phelps, Jim Gotcher, and Jeff Byerly Staff Present: Ron Ruthven, Darren Cain, Taci Wrisley, Dale Crown, Rob McKeown, Ky Roby, and Marty Wieder INVOCATION The invocation was given by Commissioner Phelps 1. APPROVAL OF MINUTES Commissioner Knox moved to approve the February 11, 2013 meeting minutes as written. Commissioner Wheelwright seconded. The motion to approve as written carried with the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 3. REGULAR AGENDA ITEMS 3a Approval of a preliminary plat for 13.63 acres out of the Elizabeth Cox Survey, John H. Havens Survey and the Jesse Doss Survey located in the 4900 block of Heritage Avenue Darren Cain presented the case and briefed the Commissioners. Planning and Zoning Commission Commission Minutes March 25, 2013 City of Colleyville Page 2 Commissioner Dudziak questioned staff regarding how much of Heritage Avenue the developer would be responsible for building. Ron Ruthven replied Heritage Avenue has been partially developed by the City of Euless. He further explained, the developer would be required to match what the City of Euless has completed, per the requirements of the Master Thoroughfare Plan. Commissioner Davis questioned staff to clarify there would be two (2) lanes added to Heritage Avenue, for a total of four (4) lanes; and what section would the developer be required to develop. Ron Ruthven replied because this is Phase I of the development, the developer would only be re quired to develop the section adjacent to the development and would stop at the south boundary of Phase I. Paul Spain, the applicant, came forward to address any comments from the Commission. Commissioner Wheelwright questioned Mr. Spain regarding the building materials that will be used for the perimeter fence. Mr. Spain replied compressed stone, masonry. Discussion continued between Commissioner Wheelwright and Mr. Spain regarding the building materials. Commissioner Dudziak made a motion to approve Case PC13-001. Commissioner Gotcher seconded. The motion to approve carried with the following vote: Aye: 7 – Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4. PUBLIC HEARING AGENDA ITEMS 4a Consideration for a Special Use Permit for hospital with the primary use as an emergency room on Lot 1A, Block 1, of the Baylor Health Care Systems Addition, and Lot 2R, Block 1 of the Linton Addition located at 5408 & 5500 Colleyville Boulevard, Case ZC13-002 Darren Cain presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding zoning and screening requirements for the lot to the west of this lot. Ron Ruthven replied the lot is zoned Residential and the commercial lot would be required to meet th e screening requirements from the Land Development Code. Planning and Zoning Commission Commission Minutes March 25, 2013 City of Colleyville Page 3 Discussion continued between Commissioner Phelps and Ron Ruthven regarding fence and screening requirements. The public hearing was opened at 7:37 p.m. Dudley Carpenter, on behalf of Emerus, came forward to brief the Commissioners. Commissioner Davis questioned Mr. Carpenter regarding their target market. Mr. Carpenter replied on average, anyone within 18 minutes of the facility uses their services. Discussion continued between Commissioner Davis and Mr. Carpenter regarding usage of the facility. Commissioner Davis questioned Mr. Carpenter regarding their rates and acceptance of insurance and whether or not they were the same as other facilities. Mr. Carpenter replied yes, their rates are the same and they accept the same insurance as other facilities. Commissioner Dudziak questioned Mr. Carpenter regarding the anticipated 25 patients projected to use the facility daily. Mr. Carpenter replied he is confident in the projected amount of traffic they would generate. Commissioner Dudziak questioned Mr. Carpenter regarding the distance from their other facilities and major hospitals. Mr. Carpenter replied they have a facility in Burleson, Texas that is less than one (1) mile from a hospital and in Murphy, Texas they have another facility that is less than three (3) miles from a hospital. Discussion continued between Commissioner Dudziak and Mr. Carpenter regarding the proximity to other hospitals in the area. Discussion occurred between the Commission and Mr. Carpenter regarding the need for a facility such as the one being proposed. Commissioner Wheelwright questioned Mr. Carpenter regarding the number of ambulance patients they receive in a similar size facility. Mr. Carpenter replied they do not have a facility that accepts ambulance traffic – unless there was a contract in place. Commissioner Davis requested the Fire Marshal, Rob McKeown, come forward to address contracts for ambulance services and hospitals. Rob Mckeown came forward and explained the City of Colleyville does not Planning and Zoning Commission Commission Minutes March 25, 2013 City of Colleyville Page 4 have contracts with area hospitals. He further explained the paramedic on the ambulance decides where the patient will go based on the situation or if the patient has requested somewhere specific. Discussion continued between the Commission and Rob McKeown regarding ambulance service for the City. Commissioner Byerly questioned Mr. Carpenter regarding their trauma licensing. Mr. Carpenter replied they will not be a designated trauma facility. Discussion continued between the Commission and Mr. Carpenter regarding the acceptance of patients. Commissioner Byerly questioned Rob McKeown regarding if this facility would be considered for trauma patients. Rob Mckeown replied no. Commissioner Dudziak questioned Rob McKeown regarding his experience, with trauma related patients, such as strokes and would this facility be used. Rob McKeown replied with strokes and heart attacks, time is a very important factor. He further explained, he could see, in some cases, wher e this facility would need to contact 9-1-1 to transport a patient due to not having the proper equipment for things such as heart trauma. Discussion continued between the Commission, Rob McKeown, & Mr. Carpenter regarding patient care and making the appropriate choice for the patient. Commissioner Dudziak questioned Mr. Carpenter regarding the percentage of patients that are re-transported from their facilities. Mr. Carpenter replied based on 25 patients per day, approximately eight (8) to ten (10) pati ents per week are transported to another facility. He further explained this number varies due to seasons or demographics. Commissioner Phelps questioned Mr. Carpenter regarding the facilities ability to treat broken bones. Mr. Carpenter replied yes, they do treat broken bones. Discussion continued between Commissioner Phelps and Mr. Carpenter regarding types of treatment and wait times. Commissioner Phelps questioned Mr. Carpenter regarding the entrance to the parking lot, off Colleyville Boulevard and the future construction of Colleyville Boulevard. Mr. Carpenter replied the visitors would turn into the church parking lot to the south and use the cross access easement to enter the hospital’s parking lot. Planning and Zoning Commission Commission Minutes March 25, 2013 City of Colleyville Page 5 Discussion continued between Commissioner Phelps and Mr. Carpenter regarding the use of the cross access easement. Commissioner Gotcher questioned Mr. Carpenter regarding the number of beds in the proposed facility; and if the number of beds in the ordinance should be so specific. Mr. Carpenter explained the layout of the rooms and beds in the facility. He further explained he saw no reason for the number of rooms or beds to change. Discussion occurred between the City Attorney, Commissioner Gotcher, and Mr. Carpenter regarding the number of beds and the inclusion of this number in the ordinance. There being no one else wishing to speak, the public hearing was closed at 8:15 p.m. Commissioner Phelps questioned staff regarding the building score meeting the minimum requirement. Darren Cain replied yes, the building meets the minimum requirement. Mr. Carpenter came forward to address the building design and materials. Commissioner Davis moved to approve case ZC13-002. Commissioner Gotcher offered an amendment to allow for 17 beds in the facility. Commissioner Davis accepted the amendment. Commissioner Gotcher seconded the motion, with the amendment. Discussion occurred between staff and the Commission regarding the mutual access agreement between the subject properties and the property to the south. Commissioner Dudziak expressed his concerns with the proposed development. The motion to approve with the condition that the total bed count not exceed 17 beds carried with the following vote: Aye: 6 – Knox, Wheelwright, Gotcher, Davis, Phelps, and Byerly Nay: 1 - Dudziak 4b Consideration for approval of amendments to Section 3.24.C-Special Land Use Standards and Section 3.26-Fences, Free Standing Walls, and Screening Materials in the Land Development Code, Case GC13-002 Ron Ruthven presented the case and briefed the Commission. Planning and Zoning Commission Commission Minutes March 25, 2013 City of Colleyville Page 6 Commissioner Phelps questioned the City Attorney regarding the legal aspect of an allowance of a time frame, before permits are required. The City Attorney explained this would be difficult to enforce. Discussion continued between Commissioner Phelps and the City Attorney regarding neighboring cities allowance times and permits for storage containers. Commissioner Phelps questioned staff regarding whether or not storage containers were a pervasive problem. Ky Roby, Code Enforcement Officer, explained this is an ongoing problem. Discussion continued between the Commission and Ky Roby regarding the enforcement of the storage container ordinance. Commissioner Phelps questioned Ky Roby regarding his thoughts on a 72 hour rule and if it would be difficult to enforce. Ky Roby replied a three (3) to seven (7) day time period would be plenty of time. Commissioner Dudziak questioned Ky Roby regarding if there were issues with storage containers being placed on asphalt or concrete. Ky Roby replied there are some residences that do not have either and could be a problem. Discussion continued between Commissioner Dudziak and Ky Roby regarding placement of storage containers. Commissioner Wheelwright expressed his thoughts on the requirement of a permit for storage containers. The public hearing was opened at 8:46 p.m. There being no one wishing to speak, the public hearing was closed at 8:46 p.m. Commissioner Byerly expressed his thoughts on the requirement o f a permit for storage container. Discussion occurred between the Commission and staff regarding fees for the issuance of a permit for a storage container. Commissioner Byerly questioned staff regarding the staff time it would take to issue a permit for a storage container. Ron Ruthven replied it would take approximately the same amount of time as a fence permit. Commissioner Phelps questioned staff regarding the what the fine amount Planning and Zoning Commission Commission Minutes March 25, 2013 City of Colleyville Page 7 would be for violating this ordinance. Ron Ruthven replied the fine would be up to the judge to decide. He further explained, the fine could be up to $2,000.00 per day. Discussion occurred amongst the Commission and the City Attorney regarding placement of storage containers and obtaining a permit. Commissioner Dudziak expressed his thoughts on the need for issuing a permit for storage containers. Commissioner Dudziak questioned staff regarding whether these changes prohibited the use of hardy plank. Ron Ruthven replied yes, it would be prohibited because he does not consider hardy plank a cementious material. Discussion continued between Commissioner Dudziak and Ron Ruthven regarding building materials. Discussion occurred amongst the Commission regarding placement of storage containers and obtaining a permit. Commissioner Byerly made a motion to approve case GC13 -002 with the following conditions 1) recommended that the fee for a portable storage structure should not exceed $10.00; 2) Cementious fiber board shall not be considered an approved masonry material for the purpose of this section. Commissioner Dudziak seconded. The motion to approve case GC13-002 with the following conditions 1) recommended that the fee for a portable storage structure should not exceed $10.00; 2) Cementious fiber board shall not be considered an approved masonry material for the purpose of this section failed with the following vote: Aye: 2 – Dudziak and Byerly Nay: 5 - Knox, Wheelwright, Gotcher, Davis, and Phelps Commissioner Phelps made a motion to approve case GC13-002 with the following conditions 1) recommended that the fee for a portable storage structure should not exceed $10.00; 2) Cementious fiber board shall not be considered an approved masonry material for the purpose of this section; 3) A temporary use permit shall be obta ined from the Community Development Department after the portable storage structure has been at a location in excess of seven calendar days; 4) The portable storage structure must be set back a minimum of five (5) feet from all property lines unless the structure is located on a driveway that is located closer than five feet to the property line; 5) The portable storage structure must be placed on an asphalt, concrete or Planning and Zoning Commission Commission Minutes March 25, 2013 City of Colleyville Page 8 gravel surface. Commissioner Wheelwright offered a friendly amendment to remove the number of storage containers allowed. Commissioner Phelps did not accept the amendment. Commissioner Wheelwright offered a second friendly amendment to add a limit of two (2) storage containers. Commissioner Phelps did not accept the amendment. Commissioner Davis seconded. The motion to approve case GC13-002 with the following conditions 1) recommended fee for a portable storage structure should not exceed $10.00; 2) Cementious fiber board shall not be considered an approved masonry material for the purpose of this section; 3) A temporary use permit shall be obtained from the Community Development Department after the portable storage structure has been at a location in excess of seven calendar days; 4) The portable storage structure must be set back a minimum of five (5) feet from all property lines unless the structure is located on a driveway that is located closer than five feet to the property line; 5) The portable storage structure must be placed on an asphalt, concrete or gravel surface carried with the following vote: Aye: 5 - Knox, Wheelwright, Gotcher, Davis, and Phelps Nay: 2 – Dudziak and Byerly 5. ADJOURNMENT The meeting adjourned at 9:08 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on April 8, 2013 by a vote of 7-0.