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HomeMy WebLinkAboutOrdinances (O-13-1872)-05/07/2013 ORDINANCE 0-13-1872 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1A, BLOCK 1, OF THE BAYLOR HEALTH CARE SYSTEM ADDITION AND LOT 2R, BLOCK 1 OF THE LINTON ADDITION LOCATED AT 5408 AND 5500 COLLEYVILLE BOULEVARD BY AUTHORIZING A SPECIAL USE PERMIT FOR A HOSPITAL WITH A PRIMARY USE AS AN EMERGENCY ROOM; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC13-002; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the • Ordinance 0-13-1872 Page 2 of 5 Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners n t h r int re interested and situated in the and to the persons e s a s generally, p affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if .copied in their entirety. Y Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the official zoning map by authorizing a Special Use Permit for a hospital with a primary use as an emergency room on Lot 1A, Block 1, of the Baylor Health Care System Addition and Lot 2R, Block 1, of the Linton Addition located at 5408 and 5500 Colleyville Boulevard, as depicted on the location and zoning map, Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The hospital with a primary use as an emergency room facility authorized by this special use permit shall not exceed 16,165 feet in area. b. The bed count in this emergency room facility shall not exceed a total of 17 beds, which shall include emergency room (ER) beds, inpatient beds, triage beds, exam room for the semi- Ordinance 0-13-1872 Page 3 of 5 private rooms, or other beds. c. The layout shall be generally consistent with Exhibit "B," conceptual site plan. d. The specific use shall be for emergency room medical care only, as referenced in Exhibit "C," Statement of Planning Objectives. e. The operating hours for this establishment shall be 24 hours a day, seven (7) days a week. 2. PARKING AND ACCESS a. A minimum of 57 parking spaces shall be required. 3. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. 4. BUILDING DESIGN AND CONSTRUCTION a. The building design of the business shall be generally consistent with the attached Exhibit "D". Otherwise the final design shall, at a minimum, have a design score of at least 30 as required in Chapter 6 of the Land Development Code. All exterior surfaces shall adhere to the design standards as required by Chapter 6 of the Land Development Code. b. All dumpsters shall, at a minimum, be screened with a minimum eight foot high masonry wall and shall, otherwise, meet the requirements for dumpster screening in the Land Development Code. c. This Special Use Permit shall automatically expire upon the abandonment of the business known as "Baylor Emergency Medical Center," a change in the use, or upon the expiration or termination of the Certificate of Occupancy. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same f Ordinance 0-13-1872 Page 4 of 5 penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 16th day of April, 2013. The second reading and public hearing being conducted on the 7th day of May, 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the 7`i- day of mar 2013. ATTEST: CITY OF COLLEYVILLE II � ! 1 , Amy elley David Kelly City Secretary Mayor r 1 Ordinance 0-13-1872 Page 5 of 5 APPROVED AS TO FORM AND LEGALITY: "i\M\ 5"). ( os Matthew C. G. Boyle City Attorney II Exhibit "A" - Location and Zoning Map 909 1001 1003 1005 1007 5606'� hi i �J 5609 58040` 5607 43303 1 5605 1008 1008 1008 inct, Q ,_..i-,4,'"r., 5603 5601 AG U ' �.:�"� T �1 5� �r►/I' 1009 1 3 \ 5514 al-)0 , C}aJ 'e I Yyy;yy�� „;1:..1 +�` F.2a h�� O v �4 AG t,.1 on 5301 E C NI 5343 5232 s 1104 N' : ‘-.., --.1..,t :;% CPQ,����$/0IL, ”-�!'�/ 5301 emx Yw� 5204 ) r ,.., t �yy,,,,...„, w(im 11.11migiii:16411,ms. C11x IINILlii"iidlgiiNNE mom 1611111111111.111111•r Exhibit "B" — Conceptual Site Plan 's`ti ;La99.Ii I Ct rc1=S4iOi39"E BB C9 C'HL!RCH SI EET NAKIA8LE 4(11.I UCHT Cf Af'' LCT I,LINT)h x3171)f■ ., IN 1C 0 ;`_,-- y/F 11 C A9IVE A R 4.T LITE <:16fi CIA `r � caM }1'tgkNAE J"• S LSE MEDICAL 3FFICE _Y JL +tsi1 oA E ?E7+[1Fi- 7 —. � 5114 E 4CS M! ' L WRIT!EE�I C [E,i r tr'1 4 r \CABINET A,SLF...2f137. "'''',.1.,,l'7 .TF.T a� i n 1111 u. T. It "I .1, — H aFh i )iC � Er .•1E X t a— e� I I ?E rr ,'I ! a .AC-I r ~— 1,_,., — rf__.. L.��� xaxnz svfnT zi U BAYLOR 1 I 1 n cnR Iv+ I I FMERGfNCY — 1.1 t L IS FI`INT 14 71 T H..H H �\ l 1 MEDICALCEMER '; F vY1E1VILLE A.IT*4 117 { VOLT:ME I .._,PAGE v •I 11 f:' Ti I I :i ERECT :!.iiµ._ `d EL F 'd �"4•- 5:Q ry ___ F—a l L 8 \ I 40l rJC4 MEVII�_ I J 97.911. ) : I L`. mP,.KTJ4 A-.ESS G2HEAT- - �- .. I `''k `-----.. 'mss IJ 'i I.T In 4, i +4 ,? ._...d A t' ., r F I Y. _-'`' fM.> •N i;Y ., tH nT - i .,E A..T11TT fAtEJE+i 'P✓L A.:E:i•EA'EvE,i / tl IRF:I'L J'B� Sn. ewEr.,s1cE ISO POINT Of J I A a:rn.'r. awT.^T BEGINNING FIR:i13AE-I1'T HI.;NCR or'.OLLEYVILLE A:CITIN CAITNET A,TiLCE};E21 7TNEC 1111 WaE: CIAL1RCH Exhibit "C" —Statement of Planning Objectives Statement of Planning Objectives The objective of this Special Use Permit request is to allow a hospital use on the subject property currently zoned Village Retail(CC1). The Baylor Health Care System has selected Colleyville as a market to construct a new 16,165 square foot hospital facility. This small, boutique hospital will include 7 exam room beds and 8 inpatient beds. Approximately 30-40 associates will be employed at the new facility. Each associate may participate in a comprehensive medical plan along with other competitive benefits. Baylor Emergency Medical Center brings an efficient and patient centered approach to the delivery of emergency care. On average, Baylor Emergency Medical Center patients see an ER physician within 15 minutes of check-in. Our facility will be staffed with a board certified ER physician 24 hours a day,7 days a week. Services at this facility will include: • High quality care,24 hours a day,7 days a week. Our facility never closes. • ER lab results in under 15 minutes on average. • On site X-ray and CT facilities. • Certification at the highest level of emergency room medicine. Approximately 25 patients will visit the facility each day. 75%of those patients are located within 18 minutes of this facility. The following preliminary construction schedule has been established by the design team: Permit Submittal Date: June,2013 Construction Start: August, 2013 Building Turnover: March,2014 Opening: May,2014 Although this Baylor facility will have no Sales Tax impact as we are selling medical services and not equipment or goods,our estimated annual revenue is projected to be$6,000,000-$9,000,000. The estimated development cost will be approximately$10,000,000. This facility is a for-profit entity and therefore will be subject to property and personal property taxes. Our facility will enhance the City's objective of becoming a medical center for the region. A vacant Baylor Family Care facility currently exists on the southern portion of this property. This facility will be demolished as part of the site improvements. We respectfully request the City allow a hospital use on this property. Exhibit "D" Exterior Elevations and Renderings _ _ RI PE I lout - YEW .6.18 :11. 1 iii 1 M w 771M i —1; —1; III amen see., Mir11 { r" _ _,.- Colleyville-Exterior Elevations EMERUS- Wilke Exhibit "D" Exterior Elevations and Renderings - Continued s 2'7'"w" . "t �*, s k ,v b s n v m,--;,,,,-'41;."..,,,,,`,-,.,,t.A:-.:;c,:',,...,..-,,,',%;a,':ili".,ASSI-,-4;&47:4'`11:#$, ,,,,.,,, ,,,,.:°.:-?6er.,,tiAt,,,"°„ti,„.,..74% ‘. ,-„,,,,,,%._,__„,,,,,,...,,- Colleyville-Perspective EMERUS wuke