HomeMy WebLinkAboutAM2011-03June 3, 2011
Ms. Christine Lopez
Fort Worth Star Telegram
P.O. Box 1870
Fort Worth, Texas 76102
RE: Grapevine Account # CIT 25
Dear Ms. Lopez,
VIA FACSIMILE
817-390-7520
Please find enclosed the following for publication on Sunday, June 5, 2011, in the
Northeast Edition of the Neighborhood Extra Section of the Fort Worth Star Telegram.
(One time only)
Item
Notice of Public Hearing
CU11-1Q - Pappadeaux Seafood Kitchen
Notice of Public Hearing
CU11-11 — First Financial Bank
Notice of Public Hearing
CU11-13 - Gaylord Paradise Springs
Notice of Public
Meeting Date
June 21, 2011
June 21, 2011
June 21, 2011
June 21, 2011
As always, your assistance is greatly appreciated. If you have any questions please
contact me at (817) 410-3155.
Sincer ly,
Susan Batte
Planning Technician
DEVELOPMENT SERVICES DEPARTMENT
The City of Grapevine • P.O. Box 95104 • �rapevine, Texas 76099 • (817) 410-3154
w
Fax (817) 410-3018 W www.grapevinetexas.gov
CITY OF GRAPEVINE, TEXAS
On Tuesday evening, June 21, 2011 at 7:30 P.M. in the City Council Chambers, 2nd Floor,
200 South Main Street, Grapevine, Texas, the City Council and Planning and Zoning
Commission of the City of Grapevine will hold a public hearing to consider the following
items:
CU11-10 - Pappadeaux Seafood Kitchen - submitted by JDJR Engineers for property
located at 600 West State Highway 114 and platted as Lot 6, Block 1, Hayley Addition.
The applicant is requesting a conditional use permit to revise the floor plan for an increase
in seating (indoor and outdoor). The property is currently zoned "HC" Highway Commercial
and is owned by Pappas Restaurants.
CU 11 -11 — First Financial Bank - submitted by TMA Architects for property located at
1015 West Northwest Highway and platted as Lot 1, Block 1, Alamo Addition. The
applicant is requesting a conditional use permit to allow a drive through bank. The property
is zoned "HC" Highway Commercial and is owned by First Financial Bank.
CU1 1-13 - Gaylord Paradise Springs - submitted by Gaylord Hotels for property located
at 1000 Gaylord Trail and platted as Lot 1, Block 1, Opryland Fourth Addition. The
applicant is requesting a conditional use permit to allow seasonal signage for the resort
pool complex. The property is currently zoned "CC" Community Commercial and is owned
by Gaylord Hotels.
AM1 1-03 AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE 82-73 - The City
Council and the Commission will consider amendments and changes to the
Comprehensive Zoning Ordinance, No. 82-73, same being Appendix D of the Code of
Ordinances as follows: Section 12, Definitions, Section 24, "CN" Neighborhood
Commercial and "Section 27, "PO" Professional Office relative to Assisted Living Facilities
and any other additions, deletions, or changes to various sections, articles and provisions
contained in said Ordinance No. 82-73.
After all parties have been given an opportunity to speak, the public hearing will be closed
and the Commission and the City Council will deliberate the pending matters. Please
contact Development Services Department concerning any questions, 200 S Main Street,
Grapevine, Texas 76051 or PO Box 95104, Grapevine, Texas 76099, 817-410-3155. A
copy of the site plan for all the above referenced requests is on file with the Development
Services Department.
KA
HP,OfficeJet K Series K80
Personal Printer/Fax/Copier/Scanner
Last Transaction
Date Time Type Identification
Log for
DEVELOPMENT SERVICES
8174103018
Jun 03 2011 11:24am
Duration Pages &Suft
Jun 3 11:23am Fax Sent 98173907520 0:58 2 OK
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 26-2674582
Bill To:
CITY OF GRAPEVINE SECRETARY
PO BOX 95104
GRAPEVINE, TX 76099-9704
CITY OF GRAPEVINE; TEXAS On
Sales Discount
Misc Fee
11
THE STATE OF TEXAS
County of Tarrant
I3580 1 74
i�
Customer ID:
CIT25
Invoice Number:
316203111
Invoice Date:
6/5/2011
Terms:
Net due in 21 days
Due Date:
6/30/2011
PO Number:
Order Number:
31620311
Sales Rep:
073
Description:
CITY OF GRAPEVI
Publication Date:
6/5/2011
�004 aoo �« 3
74 LINE $19.17 $1,418.40
($1,280.40)
$10.00
Net Amount: $148.00
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was publishe 'n the above named paper on the listed dates: BIDS & LEGAL DEPT, STAR TELEGRAM
(817) 215-2323
Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday,
Notary
Thank You For Your Payment
---------------------------------------------
Remit To: Star -Telegram Customer ID: CIT25
P.O. BOX 901051 Customer Name: CITY OF GRAPEVINE SECR
FORT WORTH, TX 76101-2051 Invoice Number: 316203111
Invoice Amount: $148.00
PO Number:
Amount Enclosed:
y1%i -
CC ITEM
Z_
MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER$
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: JUNE 21, 2011
SUBJECT: ZONING ORDINANCE AMENDMENTS—AM11-03; DEFINITION OF
ASSISTED LIVING FACILITY
Staff recommends the City Council and the Planning and Zoning Commission consider the
proposed amendments relative to the definition of personal care facility and take any other
action necessary.
BACKGROUND INFORMATION:
At a workshop in April 2009, the Commission discussed the definition of "personal care
facility" and considered amending that definition to further clarify the necessary components
of such a use to assist the Commission and City Council in the future. No action was taken
at the meeting pending further research relative to state regulatory requirements for such
facilities. A later workshop was held on November 16, 2010 to further discuss the definition
of personal care facility. Conversation centered on the transition away from the term
"personal care facility" to a more inclusive term "assisted living facility." Staff presented a
pamphlet from the Texas Department of Aging and Disability Services, which has oversight
on these types of uses. The pamphlet gives a brief overview of the concept of "assisted
living", its definition and types of services provided and a description of the types of
residents that might live in an assisted living facility. Staff also provided a survey of area
cities and their definition for this type of use.
After further discussion of the current outdated definition of "personal care facility" and after
review of the area survey and pamphlet from the Texas Department of Aging and Disability
Services, the Commission selected the following definition used by the City of Grand Prairie
as an appropriate definition for consideration:
Assisted living facility shall mean an establishment that furnishes, in one or more
facilities, food and shelter to four or more persons who are unrelated to the proprietor
of the establishment and that provides personal care services as defined by Chapter
247 of the Texas Administrative Code. Personal care services include assistance
with meals, dressing, movement, bathing, or other personal needs or maintenance;
the administration of medication; or the general supervision or oversight of a person's
physical and mental well-being.
O:\ZCU\AM11-03.4 6/15/2011 4:58:03 PM
This definition is basically a word-for-word representation of the definition established by the
Texas Department of Aging and Disability Services. Staff was asked to research further
what was contained in Chapter 247 of the Texas Administrative Code. This chapter,
contained within the Texas State Health and Safety Code, is the legal document which
provides the Complete statutory guidelines for defining, establishing, and operating an
assisted living facility within the state of Texas.
Staff recommends that the definition for "personal care facility" be removed from the
definition section of the ordinance and replaced by the above referenced definition of an
"assisted living facility." Also, the reference to "personal care facility" would be removed
from the conditional use sections of the zoning ordinance where applicable ("R -MF -1," "R-
MF -2," "CN," and "PO") and replaced with "assisted living facility." See the attached draft
ordinances, pamphlet and a portion of Chapter 247 from the Texas State Health and Safety
Code.
/rs
O:\ZCU\AM11-03.4 6/12/20112:53:12 PM
SECTION • DRAFT
use for beverage purposes, either alone or when diluted.
5. ALLEY shall mean a public way, public space or thoroughfare which affords
only secondary means of access to property abutting thereon.
6. AMUSEMENT PARK shall mean a lot, tract or parcel of land, or any
improvement thereon, either temporary or permanent, used in whole or in
part for the operation and maintenance of any game of skill or chance, any
circus, carnival, any riding device or devices, stationary or movable, or any
combination thereof, or any animal, any of which is operated for a profit.
7. APARTMENT shall mean a room or suite of rooms arranged, designed or
occupied as a residence by a single family, individual or group of individuals.
8. APARTMENT HOUSE shall mean any building, or portion thereof, which is
designed, built, rented, leased, let or hired out to be occupied as three (3) or
more apartments or which is occupied as the home or residence of three (3)
or more families living independently of each other and maintaining separate
cooking facilities.
9. AREA OF LOT shall mean the net area of the lot and shall not include
portions of streets and alleys.
9a. ASSISTED LIVING FACILITY shall mean an establishment that
furnishes in one or more facilities food and shelter to four or more
persons who are unrelated to the proprietor of the establishment and
that Provides personal care services as defined by Chapter 247 of the
Texas Administrative Code. Personal care services include assistance
with meals,_ dressing, movement, bathing, or other personal needs or
maintenance; the administration of medication; or the eneral
supervision or oversight of a person's physical and mental well-being.
10. ATTACHED shall mean physical connection above the top of the floor line of
the first floor.
10a. AUTOMOBILE IMPOUND shall mean a business which provides service of
towing, moving or removing wrecked or disabled vehicles for the sole
purpose of temporarily storing such wrecked or disabled vehicle. The
impound may be used only for temporarily storing wrecked or disabled
vehicles and shall not be used for salvaging or scrap, or selling of second -
Section 12
3
occurring on the same property, has the greatest effective producing power.
328. PRIVATE shall mean the exclusion of those who have not been invited.
329. PRIVATE CLUB shall mean a social organization to which membership is by
invitation only, and its meeting place in which only members and their guests
are permitted, but excluding private clubs in which alcoholic beverages are
stored, possessed or consumed.
330. PROFESSIONAL SERVICE shall mean work performed by a member of a
profession licensed as a profession by the State of Texas.
331. PUBLIC shall mean promotion of a public cause or service, including utilities
having a franchise from the City of Grapevine, but excluding other profit-
making organizations.
331 a. PUBLIC RAIL STATION shall mean a facility owned by a municipal, state or
federal entity or a public transportation authority where passengers may
board a type of rail service which may be light rail, commuter rail, or some
other form of passenger rail service. Such facilities may include provisions
for parking, and other uses such as retail, office, or meeting space.
332. PLANNED COMMERCIAL CENTER shall mean a center consisting of one,
(1) or more lots having a total site area of a minimum of five (5) acres with a
combination of permitted and conditional uses in the zoning district for which
the zoning application is made.
333. RESERVED FOR FUTURE USE
334. PLANNED BUSINESS PARK shall mean a center consisting of one, (1) or
Section 12
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334. PLANNED BUSINESS PARK shall mean a center consisting of one, (1) or
Section 12
M
SECTION 21. -F-1 MULTIFAMILY DISTRICT DRAFT
4. Meeting, party and/or social rooms in common areas only.
5. Cabana, pavilion or roofed area.
6. Mechanical and maintenance equipment related to a principal use no
nearer than one hundred twenty (120) feet to any adjacent
residentially zoned district and housed in an enclosed building.
7. Screened garbage and/or solid waste storage on a concrete pad, no
nearer than fifty (50) feet to any adjacent R-3.5, R-TH, R-5.0, R-7.5,
R-12.5, R-20 zoned district, and not within the front setback.
8. Communication equipment meeting the requirements of Chapter 7,
Article XII of the Grapevine Code of Ordinance.
C. CONDITIONAL USES: The following conditional uses may be permitted
provided they meet the provisions of Section 48 and a Conditional Use
Permit is issued.
Public and non-profit institutions of an educational, religious or cultural
type excluding correctional institutions and hospitals.
2. Non-profit community centers.
3. Memorial gardens and cemeteries.
4. Nursing homes.
5. Day care centers (See Section 21.N.).
6. PerrsoRal-Care Assisted Living Facilities (See Section 21.N.)
7. Any off-street parking for churches, convents and other places of
worship developed on property other than the platted lot of record of
the principal use, provided all or a portion of the property utilized for
parking is located within 300 feet of the platted lot of record.
8. The following conditional uses may be permitted, provided they meet
the provisions of Section 48, are located within an area due north and
northeast of property zoned and developed as a planned commercial
062111 2 Section 21
SECTION 2. R- F-2 MULTIFAMILY DISTRICT DRAFT
4. Meeting, party, and/or social rooms in common areas only.
5. Cabana, pavilion, or roofed area.
6. Mechanical and maintenance equipment related to a principal use no
nearer than one hundred twenty (120) feet to any adjacent
residentially zoned district, and housed within an enclosed building.
7. Screened garbage and/or solid waste storage on a concrete pad and
no nearer than fifty (50) feet to any adjacent R-3.5, R-TH, R-5.0 R-
7.5, R-12.5, R-20 zoned district and not within the front setback.
8. Communication equipment meeting the requirements of Chapter 7,
Article XII of the Grapevine Code of Ordinance.
C. CONDITIONAL USES: The following conditional uses may be permitted
provided they meet the provisions of Section 48 and a Conditional Use
Permit is issued.
1. Public and non-profit institutions of an educational, religious, or
cultural type excluding correctional institutions and hospitals.
2. Nonprofit community centers.
3. Memorial gardens and cemeteries.
4. Nursing Homes.
5. Day Care Centers (See Section 22.N.).
6. Pers^„^' r^ro Assisted Living Facilities (See Section 22.N.).
7. Any off-street parking for churches, convents and other places of
worship developed on property other than the platted lot of record of
the principal use, provided all or a portion of the property utilized for
parking is located within 300 feet of the platted lot of record.
8. The following conditional uses may be permitted provided they meet
the provisions of Section 48, are located within an area that is no
greater than 3/ of a mile due north and northeast of property zoned
and developed as a Planned Commercial Center containing in excess
062111 2 Section 22
SECTION NEIGHBORHOOD COMMERCIAL
to the public, including display, service and sales, greater than ninety-five
hundred (9,500) square feet.
10. Personal G Assisted Living Facilities.
11. Any use allowed within this district with drive-in or drive-through service.
12. Inns
13. Outside display and sales of merchandise.
14. Call centers.
15. Public institutions and nonprofit institutions of any educational, religious or
cultural type, including private and charter schools, but excluding corrective
institutions and hospitals.
16. Retail sales of secondhand goods in an enclosed building where the size of
the space exceeds 3,000 (three thousand) square feet in area.
17. Any use allowed within this district with outdoor speakers.
D. LIMITATION ON USES:
The C -N District is intended for neighborhood scale shopping and service
facilities and the total retail or commercial shopping floor area on any lot or
parcel shall not exceed one hundred thousand (100,000) square feet. No
individual retail store, office, personal service establishment, restaurant or
other uses provided for in Section 24.A. shall have a floor area open to the
public, including display, service and sales, greater than ninety-five hundred
(9,500) square feet.
2. The maximum size of any C -N District shall not exceed twelve (12) acres in
size.
3. The hours of operation for uses provided for in Section 24.C.10 shall be
limited to between the hours of 7:00 a.m. to 10:00 p.m. unless specifically
provided for in the Conditional Use Permit.
E. PLAN REQUIREMENTS: No application for a building permit for construction of a
principal building shall be approved unless:
062111
3
Section 24
SECTION • PROFESSIONAL OFFICE
from the Texas Department of Health and licensure from the Texas
Cosmetology Commission
B. ACCESSORY USES: The following uses shall be permitted as accessory uses,
provided that such use shall be located not less than twenty (20) feet from any
street right-of-way:
1. Mechanical equipment located within 120 -feet of any residentially zoned
district must meet the standards established for noise regulation as stated in
Section 55. Performance Standards.
2. Screened garbage storage on a concrete pad and no nearer than fifty (50)
feet to a residentially zoned district and not located between the front of the
building and any street right-of-way.
3. Parking of automobiles, provided that such facilities are within sixty (60) feet
of a residentially zoned district be separated from said lot by a blind fence or
wall at least six (6) feet high.
4. Parking garage.
5. Signs advertising uses on the premises in accordance with Section 60 of this
Ordinance.
C. CONDITIONAL USES:
Restaurants, including alcoholic beverage sales provided a special permit is
issued in accordance with Section 42.13. of the Ordinance. Drive-in and
drive-through restaurants shall not be allowed.
2. Funeral homes and mortuaries.
3. Personal Care Assisted Living Facilities
4. Any use allowed within this district with drive-in or drive-through service.
5. Planned Professional Office Centers
6. Owner or caretaker residential facilities having accommodations for and
occupied by only one family within a single professional office building.
062111 2 Section 27
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HEALTH AND SAFETY CODE CHAPTER 247. ASSISTED LIVING FACILITIES Page] of 45
HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE B. LICENSING OF HEALTH FACILITIES
CHAPTER 247. ASSISTED LIVING FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 247.001. SHORT TITLE. This chapter may be cited as the
Assisted Living Facility Licensing Act.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept. 1, 1991.
Amended by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Sec. 247.0011. SCOPE, PURPOSE, AND IMPLEMENTATION. (a) The
purpose of this chapter is to ensure that assisted living facilities
in this state deliver the highest possible quality of care. This
chapter and the rules adopted under this chapter establish minimum
acceptable levels of care, and a violation of a minimum acceptable
level of care established under this chapter is a violation of law.
For purposes of this chapter, components of quality of care include:
(1) resident independence and self-determination;
(2) humane treatment;
(3) conservative intervention;
(4) access to care;
(5) continuity of care;
(6) coordination of services;
(7) safe surroundings;
(a) professionalism of service providers;
(9) participation in useful studies; and
(10) quality of life.
(b) The department shall protect residents of assisted living
facilities by:
(1) adopting rules relating to quality of care and quality
of life;
(2) adopting rules relating to the assessment of the
http://www.statates.legis.state.tx.us/does/hs/htm/hs.247.htm 4/27/2011
HEALTH AND SAFETY CODE CHAPTER 247. ASSISTED LIVING FACILITIES Page 2 of 45
condition and service needs of each resident;
(3) promoting policies that maximize the dignity,
autonomy, privacy, and independence of each resident;
(4) regulating the construction, maintenance, and
operation of assisted living facilities;
(5) strictly monitoring factors relating to the health,
safety, welfare, and dignity of each resident;
(6) imposing prompt and effective remedies for violations
of this chapter and rules and standards adopted under this chapter;
(7) providing a residential environment that allows
residents to maintain the highest possible degree of independence and
self-determination; and
(8) providing the public with helpful and understandable
information relating to the operation of assisted living facilities in
this state.
(c) Assisted living services are driven by a service philosophy
that emphasizes personal dignity, autonomy, independence, and
privacy. Assisted living services should enhance a person's ability
to age in place in a residential setting while receiving increasing or
decreasing levels of service as the person's needs change.
Added by Acts 1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999.
Sec. 247.002. DEFINITIONS. In this chapter:
(1) "Assisted living facility" means an establishment that:
(A) furnishes, in one or more facilities, food and
shelter to four or more persons who are unrelated to the proprietor of
the establishment;
(B) provides:
(i) personal care services; or
(ii) administration of medication by a person
licensed or otherwise authorized in this state to administer the
medication; and
(C) may provide assistance with or supervision of the
administration of medication.
(2) "Board" means the executive commissioner of the Health
and Human Services Commission.
(3) "Controlling person" means a person who controls an
bttp://www.statutes-legis-state.tx.us/docs/hs/htm/hs.247.htm 4/27/2011
HEALTH AND SAFETY CODE CHAPTER 247, ASSISTED LIVING FACILITIES Page 3 of 45
assisted living facility or other person as described by
Section 247.005.
(4) "Department" means the Department of Aging and
Disability Services.
(5) "Personal care services" means:
(A) assistance with feeding, dressing, moving,
bathing, or other personal needs or maintenance; or
(B) general supervision or oversight of the physical
and mental well-being of a person who needs assistance to maintain a
private and independent residence in an assisted living facility or
who needs assistance to manage the person's personal life, regardless
of whether a guardian has been appointed for the person.
(6) "Qualified religious society" means a church,
synagogue, or other organization or association that is organized
primarily for religious purposes and that:
(A) has been in existence in this state for at least
35 years; and
(B) does not distribute any of its income to its
members, officers, or governing body other than as reasonable
compensation for services or reimbursement of expenses.
(7) "Commissioner" means the commissioner of the
department.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 114, eff. Sept. 1, 1991.
Amended by Acts 1991, 72nd Leg., ch. 637, art. 2, Sec. 1, eff. Sept.
1, 1991; Acts 1993, 73rd Leg., ch. 608, Sec. 2, eff. Aug. 30, 1993;
Acts 1995, 74th Leg., ch. 76, Sec. 8.092, eff. Sept. 1, 1995; Acts
1999, 76th Leg., ch. 233, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th
Leg., ch. 1248, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1106, Sec. 2, eff. September 1,
2009.
Sec. 247.0025. IMMEDIATE THREAT OF HARM. For purposes of this
chapter, there is considered to be an immediate threat to the health
or safety of a resident, or a situation is considered to put the
health or safety of a resident in immediate jeopardy, if there is a
situation in which an assisted living facility's noncompliance with
http://www.statutes.legis.state.tx.us/docs/hAftn/hs.247.htm 4/27/2011