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.
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Minutes March 25, 2013
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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.
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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
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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.
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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.
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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
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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
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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.