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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-12/8/2003 CC~ce Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 5400 Bransford Road Monday, December 8, 2003 REGULAR MEETING: 7:00 P.M. CALL TO ORDER ROLL CALL Chairman Jeff Wall Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Bud Sellers. Mark Jones, Jeff Wall INVOCATION PLEDGE OF ALLEGIANCE Commissioner Byerly APPROVAL OF MINUTES November 24, 2003 CITIZEN COMMENTS AGENDA ITEMS 1. Case P-03-037 - PUBLIC HEARING - Replat of Lots 2R & 3, Block 1, Peaceful Acres, located at 5413-5501 Montclair Drive 2. Case Z-03-028 - PUBLIC HEARING - An amendment to the PUD-C for the Village at Colleyville (0-02-1337.4) to allow a drive-through business on Lot 3 located at 23 Main Street 3. Case Z-03-029 - PUBLIC HEARING - An amendment to the Special Use Permit for alcoholic beverage sales for off-premise and on-premise consumption in Town Center Colleyville Addition (0-03-1389) located at the southeast corner of Hall Johnson Road and Colleyville Boulevard 4. Case Z-03-030 - PUBLIC HEARING - Zoning Change from AG to R20 Single Family Residential, 0.9968 acres located at 1204 John McCain Road 5. Discussion of the Master Plan Update 6. Staff Comments, Reports and Discussion Items There were no items received on the last case submittal deadline. Planning and Zoning Commission Agenda - December 8, 2003 Page 1 of 2 7. Commissioners' Comments and Reports ADJOURNMENT I, Jan Levy, certify that this agenda was posted on the Bulletin Board at City Hall on Friday. December 5,2003 at 4:30 p.m. Planning and Zoning Commission Agenda - December 8, 2003 Page 2 of 2 cce$ l'c ~as PLANNING AND ZONING COMMISSION MEETING MINUTES - November 24, 2003 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bob Culley, Earl Swift, Jeff Byerly, Mark Jones, and Jeff Wall were present. Commissioners Bruce Kelly and Bud Sellers were absent. Barry LeBaron, Clayton Husband, and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Wall APPROVAL OF MINUTES November 10, 2003 Commissioner Jones moved to approve the minutes of the November 10, 2003 meeting as written. Commissioner Culley seconded the motion. The motion passed by unanimous acclamation. CITIZEN COMMENTS There was no comment. AGENDA ITEMS 1. Case P-03-034 - Final Plat of Villas del Mar, 4.04 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There was discussion about the location of the detention pond and how a previous drainage problem associated with the property was resolved. The commissioners also discussed the hike and bike connection, and fencing along the western property line. Commissioner Jones commented that this is an example of how a developer worked with the surrounding neighborhoods, city staff, and the commissioners to develop a unique parcel of property. Commissioner Culley moved to approve the final plat. Commissioner Swift seconded the motion. The vote being: Ayes: Culley, Swift, Byerly, Jones, Wall Noes: None Planning & Zoning Commission Minutes - November 24, 2003 Page 10f5 Draft Copy #1 2. Case Z-03-027 - PUBLIC HEARING - Zoning change from CC2 to CPO on 2.67 acres located at the northeast corner of Heritage Avenue and Gateway Drive Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Wall read the uses allowed by right in the CPO zoning district. Roland Limosnero, the applicant, was present to represent the case and answer questions by the commissioners. He told the commissioners that he projected that the project would build out in two years. He said he anticipates office uses for accountants and dentists and the buildings would be limited to two stories in height. Chairman Wall opened the public hearing. There was no one present wishing to speak and Chairman Wall closed the public hearing. Commissioner Byerly moved to recommend approval of the zoning change to CPO. Commissioner Jones seconded the motion. The vote being: Ayes: Culley, Swift, Byerly, Jones, Wall Noes: None 3. Case P-03-019 - Final Plat of Whittier Heights, Phase II, 4.128 acres locate at the northeast corner of McDonwell School Road and Providence Road Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. He informed the Commission that a public hearing will need to be held because the final plat includes a replat of a portion of the right-of-way associated with the Whittier Heights, Phase I plat. He explained the reason staff recommended denial of the plat and spoke about the agreement the City made with the developer, David Bagwell, regarding the trails and pathways plan; however, an alternate plan has not been set forth in writing. He explained why a written agreement is needed. Barry explained the history 0 f t he trails planned in the area since 1999 and how the original plan did not include a school that is proposed to be built by the Keller Independent School District in the area. He said that the reason the plat is before the commissioners is because the developer requested the plat to go before the Commission for a vote even though staff believed there were outstanding issues that needed to be resolved. Joe Potthoff, representative of the developer and applicant David Bagwell, was present to represent the case. He gave a time line of how the three properties came together to become the neighborhoods of Whittier Heights and Glenwood. He spoke about the approval of the Latter-Day Saints church site plan and how there was no trail system included, and he gave the chronology of plat approvals in the area. He said there has been a conscious decision by the City to not have a trail along Providence Drive and asked for approval of the plat as presented. Planning & Zoning Commission Minutes - November 24, 2003 Page 2 of 5 Draft Copy #1 The commissioners inquired about the meeting that took place with David Bagwell and the City. There was discussion about the twenty foot strip of property on the plat. Chairman Wall opened the public hearing. Those present wishing to speak were: Linda Baker, 4900 Behrens Road, said she was the former owner of the property that is being platted and she informed the commissioners that there is one thing that is being left out of the discussion. She said that Monica Walsh, from Parks and Recreation and Dianne McWethy, deputy city manager, had met with the developer and offered an alternative plan with a trail through McPherson Park. She said this took place prior to her family wanting to sell their property. She explained how there were no setbacks required in front of Rosewood and how the trail system is already disconnected and will lead to nowhere. The commissioners took a five minute break and resumed the meeting at 8:25 p.m. Commissioner Jones said this is the third or fourth time the issue of the trail has come before the Commission. He said he has seen developers work with staff and come to some conclusion so the Planning and Zoning Commission can move forward. He said the issue moves each time it comes before them and it appears the issue has had time to be sorted out and yet it has not. Chairman Wall said there appears to be a legal issue about whether the zoning ordinance has control over this portion of the property or not. There was further discussion about how the developer offered a more global trail plan and presented it to the City Council and made an agreement, but never signed an agreement. There was discussion about the requirement for sidewalks. The commissioners and staff entered into discussion about the pros and cons of tabling the case so that the trail issues could be worked out, or passing the item onto City Council so they can decide who pays for what and where the trail should be. They talked about the projection by the school district that there will be 450 children attending the elementary school in the area and there will not be buses provided for them and unless there is a trail, it would be difficult for them to reach the school other than by motor vehicles. Commissioner Culley moved to approve the final plat. Chairman Wall seconded the motion. Commissioner Culley made the comment that there is a continuation of the problem and there is nothing technically wrong with the plat so by them passing the plat onto the City Council it will give everyone an opportunity to resolve the problem and approve the plat by the next body of officials. Commissioner Byerly said he supports Commissioner Culley's position, but does not agree with it. Chairman Wall said it makes sense to move the plat onto City Council and is the smart thing to do. He said if staff is not able to resolve the trail issue with the developer, City Council might be able to do so. Planning & Zoning Commission Minutes - November 24, 2003 Page 3 of 5 Draft Copy #1 Chairman Wall called for the vote. The vote being: Ayes: Culley, Swift, Byerly, Jones, Wall Noes: None Chairman Wall urged the commissioners to write a letter to the City Council laying out their concerns. He spoke about the difficulty they face with dealing with legal issues because the City Attorney is not in attendance at the Planning and Zoning Commission meetings. 4. Discussion of the Master Plan Update: Barry LeBaron told the commissioners that copies of the Economic Development Task Force Report have been distributed and how it will be incorporated into the Master Plan draft. He said he planned on having a draft copy prepared in early December and after the first of next year will get the neighborhoods together. He said he foresaw scheduling two neighborhood meetings. Jeff Wall offered his assistance to work on the Master Plan. Barry LeBaron said he could possibly conduct goal setting meetings before the end of the year. 5. Staff Comments, Reports and Discussion Items: There was discussion about attendance at the December 22, 2003 meeting to determine if there would be a quorum. 6. Commissioners' Comments and Reports Commissioner Jones requested that his comments be included in the minutes for the record. He displayed an article that appeared in the Colleyville Courier newspaper and expressed disappointment that it was written that the Planning and Zoning Commission's business was being affected by the political process of the City Council making appointments to the Planning and Zoning Commission and the Mayor vetoing the appointments. He said that during his tenure the Commission has never had to cancel a meeting due to a lack of a quorum and he called the reporter from the Colleyville Courier and questioned his comments. He said he was told by the reporter that the comments were made by Councilman Ayers. Commissioner Jones said that he finds it inappropriate that an elected official would make political comments directed a t the Planning and Zoning Commission that are false and politically motivated because the Commission has not let politics enter into their decisions. He said it has been his privilege and pleasure to serve for the last two-plus years on the Planning and Zoning Commission. Planning & Zoning Commission Minutes - November 24, 2003 Page 4 of 5 Draft Copy #1 The Commission adjourned the meeting at 9:25 p.m. by acclamation. Respectfully Submitted, Jan Levy Planning & Zoning Assistant Approved on: Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - November 24, 2003 Page 5 of 5 Draft Copy #1 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: December 8,2003 P-03-037 - PUBLIC HEARING - Replat of Lots 2R and 3, Block 1, Peaceful Acres, located at 5413-5501 Montclair Drive STAFF REVIEW COMMENTS Larry and Connie Stewart and Marcus and Joni Lamb are the owners of two existing lots located on the east side of Montclair Drive, between Hall Johnson Road and Ley ton Grove Lane. The owners have submitted a Replat of the property for review and consideration by the Planning and Zoning Commission. The replat will adjust the property lines between the two lots and change the name of the subdivision. Zoning. The property is zoned R40 Single Family Residential. The R40 district requires a lot width of 150 feet, a lot depth of 150 feet, and a minimum lot area of 40,000 square feet. The proposed lots exceed these requirements. Public Hearing Requirement. This replat is scheduled as a public hearing as required by the Texas Local Government Code and the Colleyville Land Development Code. When an existing residential lot is proposed for subdividing, notice of a public hearing must be sent to each property owner within 200 feet of the lot within the same subdivision. Notice of this public hearing was sent to one property owner in the Grassi Addition. Right-of-Way Dedication. Montclair Drive is classified as a Minor Collector roadway on the Master Thoroughfare Plan, and requires an ultimate right-of-way of 75 feet. The owners are dedicating 7.5-feet of right-of-way for Montclair Drive on this replat. The owner's surveyor has addressed all Development Review Committee comments. This plat only requires approval by the Planning and Zoning Commission. RECOMMENDATION Approval ATTACHMENTS · Location map · Plat . Development Review Committee memo . 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I , '\ ,y ~ r; Location Map Case P-03-037 - Lots 2R & 3, Block 1, Grassi Addition DR I .- I .... ,. " - '" ". ~ D 3'1 'ill r-- ,.. o cc C> 30 := z a > r-- ... 37 36 I- ". I """ n .. BALlANTRAE. . 6 7ft II P. I~n~ I~ tJ.. ,;1:1 ~"IJI ( '" TR Iftl. . 1 ,.. A< .... \II '< .,,,tlfl.) \._1'9 ,,1I~olJ~ , I 3.11'1 I c$> \ "' ,. \ Hh- (,F 7._r- /r: I ~FOV ~ ' " ~'l~bt'1 HAWTHURNE I ' I . I~--;- ~1fpll~II' I I ' Iii' It, Iii' Iii' ~~! I nlll !!: jl~ al;! UI, VJ ,~! : lIe.' 1:II'i~ I~. II II' ' , 'I' r illl illl II' kl &~ ~ ! III' I.~ l!.. .!, I~ ~~i :'1' . It 5. ~ 5IB. 5.1 5, tll) tllj I &, rill trl it tllj I II') i i :::...; ~ I.. I ;,:. I illl ,. i; In! J I~!! J Ill, J III ...., ll:I. (J, "I.'" Ii =:IB ~ II I.' s .; ~ ~f 01 ~ .1. .' ~~~~l ,. II'I III1 III1 11'1 !f!!l I, ,I, I rI, I ,I, I ,I, ~ k."1 bill j ~:ikl "Jj I..rl I.X, '.Ii I.~' ~ ~ 1- Yt ~ :~ ~II I'll (II' . Illl . I'll " :"l: 'II . 1.1 1.1 , II., , I'" "kit !n a Ja- Il' I J' I I~I I II' 0.. illP. f!. ,I.hl 1.1=1 .1 ~ !!~ !,I~il 1,II~il 'II" I I &. ~ , 'I ~ i iif:ll ' iiin 'iiln illll~/i! I Iii! I I ill: "I "I " 1 " I Ili~ lii~ Ili~ lii~ ~I! :t;~ 'l,j :t~ ~; ! << - , hi I I I I I I I I I r I r r ~~/~ r r ~~\ I I ,,' I I 'g I I I I I' , -Ii , .! ill , ! i~ r \1;! tlJ 1<< ,~ ,,~;':- '~'\} I~' . .1 it~ 1,1. '!!:f '11 tl(ll IU 5~~ I I ~l~ ;I~' 1<< !Iffll ~I..I '1m ~ n I ~ ~L I . IiI; ~ - .. . .,~ '" i!~ i!~ ~ . III -~ I:: ~ I'i~ li:1 :ill~ I.~i~ -a I,b Ih .~ 1~lfi~.~ Ii u !;l . OJ a-. I CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE November 26, 2003 FAX TO FAX NO Larry Stewart 817-399-9019 Bill Hooks 817-831-9818 FROM Clayton Husband, AICP, Development Coordinator SUBJECT P-03-037 Replat - Grassi Addition, Block 1, Lots 2R & 3 The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. PLAT DRAWING 1. The plat shows drainage and utility easements that are part of the preceding plats. Is it the intent to leave these easements in place or abandon all or part of the easements? 2. Add a 10-foot wide DRAINAGE AND UTILITY EASEMENT adjacent to the perimeter of the plat. 3. Montclair Drive is classified as a Minor Collector roadway on the Thoroughfare Plan. A Minor Collector roadway requires an ultimate right-of-way width of 75 feet. Additional right- of-way must be dedicated on this plat. The required right-of-way dedication along the frontage of the property is 37.5-feet from the centerline of the existing right-of-way, which will require the dedication of7.5 feet of right-of-way on this plat. OTHER INFORMATION 1. PARKLAND DEDICATION FEES. Parkland dedication fees are not required for this property. The Park Land Dedication ordinance provides for an exemption for any tract or lot occupied by an existing residence at the time of adoption of the ordinance. If the property is further subdivided in the future, parkland dedication fees may be required at that time. 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are not required for this property. The Land Development Code provides for an exemption for any tract or lot occupied by an existing residence. If the property were further subdivided in the future, this requirement would be reevaluated at that time. 3. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid 100 Main Street- Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P.(l3.(l37 GRASSI ADDITION may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. ROADWAY Not applicable. Existing residence on property. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, December 8, 2003,7:00 p.m. not required RESUBMITTAL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: · 10 folded copies of the revised Minor Plat drawing · one 8Yz" x 11" reduced copy of the revised exhibit · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The revised drawings must be submitted no later than Wednesday, December 3,2003 in order to make the scheduled hearings. Please contact me at 817-503-1054 or husbandc@ci.collevville.tx.us if you have any questions. I c: DEVElOPMENT REVIEW COMMITTEE PAGE2oF2 . . . . . . . . . . . . .............. .. .............-.... .................. ............... LOYD BRANSOM SURVEYORS INC. CHARLES B. HOOKS JR. REGISTERED PROFESSIONAL LAND SURVEYOR 1028 NORTH SYLVANIA AVE. FT. WORTH, TEXAS 76111 834-3477 FAX 831-9818 December 2, 2003 City of Colleyville Development Review Committee REF: Lots 2R and 3, Block 1, Grassi Addition now known as Peaceful Acres P-03-037 RESPONSE TO DRC COMMENTS DATED 11-26-03 l. Shown on Plat 2. Shown on Plat 3. Changed on Plat Thank you, ~!1~RPlS Alexander & Karen Grassi, Sr. 5509 Montclair Drive Colleyville, TX 76034 Larry & Connie Stewart, Applicant 5501 Montclair Drive Colleyville, TX 76034 Marcus & Joni Lamb, Applicant 5000 Westgrove Lane Colleyville, TX 76034 Case P-03-037 According to the last published Tax Records, individuals who own property that are with 200' of the replat, but within the original subdivision of the proposed replat request are listed above. I certify that the parties listed above have been notified of the proposed replat request as required by Section 212 the Local Government Code. (Notices dated: November 18, 2003) Jan Levy Planning & Zoning Assistant .~ l'exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: December 8,2003 Z-03-028 - Public Hearing - An amendment to the PUD-C for the Village at Colleyville (0-02-1337.4) to allow a drive-through business on Lot 3 located at 23 Main Street STAFF REVIEW COMMENTS Jim Gilbert, of Classic Unique Homes, is the owner of Lot 3 in the Village at Colleyville. Lot 3 is located at 23 Main Street, at the southeast corner of Pleasant Run Road and Main Street. The applicant has submitted a zoning change request to amend a special condition in the PUD-C for the Village at Colleyville. The owner intends to construct a 3-story, multi-use building on the property. Retail and restaurant space is proposed on the first floor, office space on the second floor, and office and residential space on the third floor. A coffee shop is proposed for the first floor, and the coffee shop desires to have a drive-through window on the side of the building. The current PUD-C ordinance for the Village at Colleyville does not allow drive through commercial uses. The owner is seeking an amendment to the ordinance to allow the drive-through window for only Lot 3. The surrounding property is all part of the Village at Colleyville development. Lot 3 has frontage on both Main Street and Pleasant Run Road. and has alley access along the other two sides. The drive-through window would be located on the east side of the lot, with access from the alley. One of the detention ponds for the development is located east of this site. Copies of the floor plan and building elevations are attached. IMPACT ISSUES 1. Master Plan. The Colleyvil/e Master Plan designates the future use of this area for commercial type land uses. This request is consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. The surrounding properties are generally developed as commercial, retail and restaurant uses. 3. Development Trends. The area is experiencing significant development. There are five buildings constructed in the Village at Colleyville, not including the city hall and library complex. There are two other commercial buildings under construction, and three townhomes are being built across the street from this site. Plans for two other town homes are under review. Agenda Item No.2 - Page 1 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of utilities to the lots if necessary. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the parcel is valued at $243,000. The estimated City property tax revenue for the undeveloped property is $844 annually. The future property tax revenue would depend upon the value the building improvements to the property. 6. Sales Taxes. It is likely that the project will generate sales tax revenue, as restaurant uses are subject to sales tax collection. It is possible that the office and residential development would have an indirect effect on sales tax revenue through the owners and visitors shopping at local stores and restaurants. 7. Public Notification. Staff mailed notices to four adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: December 8, 2003 City Council: December 16,2003 and January 6,2004 RECOMMENDATION Approval ATTACHMENTS · Location map · Information from applicant · List of Property Owners Notified · Ordinance 0-02-1337.4 Prepared by: Agenda Item No.2 - Page 2 ---- R ~- -. -..-.. .. NmiJ;msmd ~ uI r- - ..p ~ @ ~I ...: ~ Cl ~ ~I ~ ~ ~ "~ ~ ~1" . u ji~ ! ~, ' ~ "'~ '~~ " I"~ "~ ~ : " ~ . ~". ' It" .')' ~ .~ -I ' j~~ d~~ ~~ '~ ~ ~!~~ I ~"" "~ I . ~Oq, "~ A o~ I ~ ~ ~ " I ~ ;ji li;~ .fiI. <'! 3;iJ -----.... tij li~ ~ ~ ~ '"' ~ 18 R\ Location Map & Area of Notification CASE # Z-03-G28 - Amendment to the Special Conditions Of the PUD.C for the Village at Colleyville - 23 Main St. ~~RJG u~I~,JjqMfi~nc. AFFORDABLE QUALITY JAMES NEYMAN 817-819-5079 mobile 817-425-3898 pager JIM GILBERT 817-828-1500 pager 817-491-0915 office Dt: To: Fr: Re: October 31 2003 City ofColleyville Development Department and Planning and Zoning Review Board Jim Gilbert Modification to Use Ordinance 0-02-1337.4 vaccuvar I am in the preliminary stages of designing a building for lot 3 in the Village at Colleyville. This site is on the southeast comer of the intersection of Main Street and Pleasant Run Road and is encompassed by an alley on the other two sides. On the other side of the alley is the retention pond with waterfalls located at the main entrance of this development. The building is proposed to be Retail! Restaurant space on the ground floor, Office space on the second floor and Residential! Office space on the third floor. I have a potential new business owner for one of the Retail! Restaurant locations. They wish to operate a brand name coffee shop in this location. I have been told by numerous contacts that there is a real need and demand for a nice coffee shop in this development. The coffee shop really needs a drive thru service window to have the highest probability of being a viable enterprise. My requested modification is to amend the Ordinance in Section 1., E., 3. Prohibited Uses to read as follows: a. Drive-through commercial uses where patrons remain in automobiles, except Lot 3. Attachments: 1. ZONING DISTRICT CHANGE APPLICATION 2. Proposed building - Site Plan, Floor Plans, Elevations &c:~ J Ilw"'Y JI.-,..dc.,'-e- -l I ~~~!!l 10::C'1 1\)01:/)\1I ::c0-3 I ...... Q '"d t'"' N t'"' tz::l 'i'- 'uJ ><.:;.. z~~ oco Gallego Creative Design 400 N. ST. PAUL, Suite 1350 DAllAS. TEXAS 75201 (214) 979-0555 EXT 120 Ph (214) 979-0505 Fax 214-727-7923 CELL gallegocarlosftmsn.com II/&-Ifw py 2 (. t<e rJi:HPOf../ P<='ND -t ~!!! rii ___._Ii ':::1.-& Y__.___ . 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Main Street, Suite 200 Grapevine, TX 76051 Village Monticello Partners Ltd. 32 Village Lane, Suite 200 Colleyville, TX 76034 Charles Davidson PO Box 424 Burleson, TX 76097 Applebee's of Texas Inc. 4551 W. lOih St, Suite 100 Shawnee Mission, KS 66207 Jim Gilbert, Applicant Classic Unique Homes PO Box 92802 South1ake, TX 76092 Case 2-03-028 (Notices dated: November 19,2003) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permitland-or/zoning change request are listed above. I certify that the parties listed above have been notified of the proposed change request as required by the Texas local Government Code and the Colleyville land Development Code. Jan Levy ~ Planning &z1,ning Assistant ORDINANCE 0-02-1337.4 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, AS AMENDED, BY AMENDING ORDINANCE 0-99-1141 IN ITS ENTIRETY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning district change was filed by Richard Myers on February 28, 2002, under Case Number Z-02-010; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Ordinance 0-99-1141 is hereby amended in its entirety to read as follows: A. PURPOSE The purpose of this planned unit development is to encourage mixed- use, compact development that is sensitive to the environmental : characteristics of the land and facilitates the efficient use of seNices. This planned unit development diversifies and integrates residential and commercial land uses within close proximity to each other and promotes long-term economic sustainability for the City. B. PUD BOUNDARIES The property shown on the attached Zoning Exhibit "A" and described by metes and bounds as indicated on the attached Exhibit "B" shall be rezoned from the AG Agricultural district to the PUD-C Planned Unit Development-Commercial district and the Official Zoning Map and Land Development Code of the City of Colleyville, Texas are hereby amended by the terms of this ordinance. Ordinance 0-02-1337.4 Page 2 of 14 C. NEIGHBORHOOD AREAS This Planned Unit Development is hereby divided into two neighborhood areas. The boundaries of the neighborhood areas are shown on the attached Exhibit "C". The neighborhood areas and their symbol designations are described as follows: Neiohborhood Center - The Neighborhood Center area shall serve as the commercial and business focal point of the development with a limited amount of area used for residential purposes. The Neighborhood Center area shall be designated with the letters "NC". Neiohborhood General. The Neighborhood General area shall serve as a secondary area for commercial and business activities of the development and may have a higher percentage of residential dwellings than the Neighborhood Center area. The Neighborhood General area shall be designated with the letters "NG". D. STATEMENT OF PLANNING OBJECTIVES AND DEVELOPMENT SCHEDULE The Statement of Planning Objectives and Development Schedule are attached as Exhibit "D". E. DEVELOPMENT STANDARDS UI Ings or s ruc ures containing any combination of single-family residences and business use listed herein shall be allowed in accordance with th13 following Development Standards: 1. Permitted Uses - the following permitted uses shall be allowed within this planned unit development: a. Single-family Residences: Residential units may be either detached or attached, but not more than one residence shall be located per building site. A building site may have one ancillary residential structure. The habitable area of the ancillary structure shall not exceed 600 sq. ft. Within each neighborhood area, the maximum number of residential units on the ground floor of a building shall not exceed the following maximum residential densities: (1) NC Area: A maximum of 20% of the building sites in the Neighborhood Center area may contain a single-family residence use on the first floor of its building. Ordinance 0-02-1337.4 Page 3 of 14 (2) NG Area: A maximum of 40% of the building sites in the Neighborhood General area may contain a single-family residence use on the first floor of its building. (3) A maximum of 30% of the building sites within the boundaries of this PUD-C may contain a single-family residence use on the first floor of its building. (4) Not more than 45% of the total cumulative square footage of all floor areas within this PUD-C may be residential use. b. Retail: Retail specialty shops including, but not limited to, the sale of clothing, gifts, antiques, flowers and plants, books, jewelry, music, electronic equipment, computers and software, tobacco and related supplies, crafts, toys, cameras, souvenirs, greeting cards, artwork, furniture, hardware, sporting goods, house and garden supplies, office supplies, leather goods and periodicals. c. Service: Personal service shops including, but not limited to, travel agency, banks, airline ticket office, tailor, barber, beauty salon, spa, health club, shoe repair, food catering, dry cleaners, studios for dance, art, music, photography, radio, and television, or similar service uses. d. Food and Lodging: Small hotels, bed and breakfast inns, restaurants, cafes, coffee shops, bakeries, butchers, fish markets, delicatessens, ice cream parlors, cookie stores, grocery stores, drug stores, bagel or doughnut shops, arid soda fountain shops. provided the total number of all movie screens does not exceed four; playhouses, comedy clubs, and j.3zzlmusic clubs. f. Office: Business offices including, but not limited to, softw.3re design firms, business consulting, security and commodity brokerage, general business offices, real estate sales, insurance sales, advertising, mailing and stenographic services, professional offices for lawyers, engineers, architects, doctors, dentists, psychiatrists, accountants, investment advisors, orthodontists, or other office related businesses. g. Educational: Private schools, and day-care centers. h. Mixed-use: buildings or structures containing any combination of single-family residences and other uses listed herein. i. PublidSemi-public: Buildings or structures owned or operated by the City of Colleyville or The Village Owner's Association. Semi- public uses such as a neighborhood center, pool and related recreational facilities. j. Parking lots. Ordinance 0-02-1337.4 Page 4 of 14 k. Accessory buildings or uses as defined herein. I. Any use of a nature similar to the above when granted a Special Use Permit by the Colleyville City Council. m. Outside sales on the sidewalk of art, antiques, fruit, vegetables, flowers, plants, gifts and souvenirs. n. Outdoor seating areas for food, lodging or entertainment uses. o. A Special Use Permit for alcoholic beverage sales for on-premise consumption in conjunction with a restaurant use. p. A Special Use Permit for alcoholic beverage sales for off-premise consumption for a grocery store, specialty wine shop or gourmet food store. q. Aboveground parking garages containing fourteen (14) or fewer parking spaces, underground parking garages, basements. and cellars. 2. Permitted Uses with a Special Use Permit - The following uses may be permitted upon approval of a Special Use Permit by the City Council as provided in the Land Development Code of the City of Colleyville: a. Outside sales of cooked food and other items not listed in Section E.1 Permitted Uses.' m -no-rnore- vehicles outside in a public parking lot.). c. Television and appliance repair service shop. d. Club, lodge or other fraternaforganizations. e. Above ground parking garages containing fifteen (15) or more parking spaces. Any above ground parking garage that fronts a street within the Neighborhood Central (NC) zone shall be allowed only with the approval of a Special Use Permit. 3. Prohibited Uses - The following uses shall be prohibited within this planned unit development: a. Drive-through commercial uses where patrons remain in automobiles. b. Vending machines, except within buildings. c. Retail uses containing more than 30,000 square feet of floor area per certificate of occupancy. Ordinance 0-02-1337.4 Page 5 of 14 d. Industrial and manufacturing businesses that create noise, vibration or obnoxious odorso e. Kennels. f. Terminals or depots for large-scale storage or distribution of goods. g. Scrap yards for the processing or storage of waste materials. h. Automotive repair businesses. i. Telemarketing office with over 20 employees. J. Uses not listed herein shall be considered by following the procedures outlined in the Colleyville land Development Code for new and unlisted uses. 4. General lot Criteria - See Table 1 below: Lol Dimensions Table 1 General Lot Criteria Neighborhood General ZOne lNGI Min_ Area 2,600 s.t. Max. Area 5 acres Min. Lot 30% Covetaoe Max. Lot Coverage Front O' min - 15' max. Side O' min - 15' -max. Rear - Main 4' min. Bldg. . - --1w.lr=Jl.CCy: Bldo. Max. Height 48 It or 3.5 stories Notes: 1. the one-half story above third Door shall not exceed 400 s.t. 2. see Exhibit 'Fo for additional heiahl and use restrictions for certain areas , ' " 5. Special Use and Heiqht Conditions - The areas indicated on Exhibit "F" shall be limited to a maximum height of two and one-half stories and the areas indicated with an "R" on Exhibit "F" shall be additionally limited to residential use only. 90% <r- -- -- Neighborhood Center Zone CNCI Min_ Area 2 600 s.t. Max. Area 5 acres Min. Lot 45% Coveralle Max- Lot Coveraae Front O' min - 15' max. Side 0' nlln 15' max. Rear - Main 4' min. " Bldo. Kear::'~ <lr- Blda. ,--- Max. Heioht 48 ft. or 3.5 stories 95% Setbacks . Height 6. BuildinQ Exteriors - The exposed exterior walls of each building must contain 100% masonry. For purpose of this ordinance, masonry shall consist of any combination of brick, stone, faux-stone, stucco or faux-stucco. 7. Roofinq - If a flat roof is constructed, all sides of the building shall have a mansard or built-up parapet wall roof at least four feet (4') in height, which shall simulate the look of a pitched roof from street level. If a roof terrace is constructed, then railings may be used which comply with Paragraph 8, Balconies. Ordinance 0-02-1337.4 Page 6 of 14 8. Balconies - Balcony railings must be constructed with wrought iron or masonry balustrades. 9. Buildino Desiqn Requirements - Articulation of walls shall not be mandatory. Buildings within this planned unit development shall be exempt from Chapter 6 Building Design of the Colleyville Land Development Code. 10. Exterior Buildina Liahtino - Buildings may be lit with wall washer type lights, natural gas lamps, or low wattage decorative electric lamps. Lights shall be placed on buildings in a manner so as to not be a nuisance. 11. HV AC Systems - All air-conditioning condenser units must be hidden from street view or placed on the roof. 12. Backvard Walls - These shall be constructed 100% masonry materials or wrought-iron fencing. Any gates must be constructed of wrought iron. 13. Landscaoina - Lots within this planned unit development shall be exempt from Chapter 4 Landscaping and Buffering of the Colleyville Land Development Code. The landscaping within this Planned'Unit Development shall be consistent with the landscaping shown on Exhibit" E." The owners of the first floor shall plant and maintain the storefront planting area (if applicable) along its street frontage. All ~- e islands spaced every thirty to thirty-five feet. Approved trees shall include Shumard Red Oaks, Sweet Gums, Burr Oaks, Live Oaks, Bald Cypress, Loblolly Pines, Cedar Elms and Chinese Pistachio. A minimum of 25% of the building sites shall be required to install and maintain a 24" wide planting area (at least 8 feet long) in the setback between their building and the sidewalk. The owners of the ground floor levels of these buildings shall be required to plant, irrigate and maintain flowers, vines or shrubs in those areas. In addition, any roof terraces shall contain at least two irrigated, potted shrubs or trees. Building site owners shall plant and maintain one approved tree in their backyard. 14. Awninas - Buildings with commercial uses on the ground level shall install awnings over all windows on the ground level that front public sidewalks, if those buildings contain a residential use above the ground level. 15. Architectural Control Committee - The Property Owner's Association must create an Architectural Control Committee, which shall be Ordinance 0-02-1337.4 Page 7 of 14 funded by the Property Owner's Association. All building exterior specifications, site plans, lighting, signage and landscaping plans must be approved by the Architectural Control Committee prior to approval of a building permit. 16. Limitation on Late Niqht Hours of Operation - Businesses located within this PUD-C shall close not later than 12:00 a.m. on weekdays and Sundays, and 2:00 a.m. on Fridays and Saturdays. 17. Special Use Permit Time Limits - The special use permit required for alcoholic beverage sales for on-premise or off-premise consumption shall become null and void five (5) years from the date of approval of this ordinance for undeveloped sites. 18. Dumpster ScreeninQ - All freestanding dumpsters shall be screened on all four sides with an opaque closure measuring to a height at least six (6) inches above the top of the dumpster. A dumpster located in an alley on the perimeter of the project shall be screened from view on all sides with an opaque enclosure or building niche measuring at least six (6) inches above the top of the dumpster. The building niche shall be constructed of material that matches the building. OUe to file --unique natLJreOTtliiS-.plan-nea unlt-aeveTopmenl, lfle . encroachments of buildings and architectural features into the public right-of-way and certain uses within the public right-of-way, stated herein in Section E.1, shall be allowed within this planned unit development and shall be exceptions to the requirements of the Land Development Code. All encroachments, including temporary structures, must maintain a forty-eight (48") inch pedestrian right-of-way and comply with all other ADA regulations. In addition, any encroachments shall ensure a twenty-four (24") inch sight line. E.1 ENCROACHMENTS AND USE OF PUBLIC RIGHT-OF-WAY 1. Encroachments below grade - Approval by the Director of Public Services of a Right-of-way Permit is required for any building encroachments below grade. All encroachments shall not exceed eighteen (18") inches. 2. Encroachments of architectural features above grade - Approval by the Building Inspection Department is required for any encroachment of architectural features above grade, provided such encroachments comply with the standards contained in the following table and local building and fire codes: Type of Encroachment Bay Windows Awnings & canopies Signs Lights Eaves. cornices and balconies Ordinance 0-02-1337.4 Page 8 of 14 Ri ht-of.wa Encroachment Standards Maximum Allowable Encroachment 18 inches with max. 7 fool length. 3 feel min. spacing & one bay window er 15 feet of site fronla e 60% of sidewalk width, 8 feel clearance over pedeslrian area & 14 feel clearance over vehicle area 66% of sidewalk width, 8 feet clearance over pedeslrian area & 14 feet clearance over vehicle area If the light encroaches 12 inches or less. it maybe mounted at any height on the building fa~ade. From 8 feet to 11 feel above grade. one additional Inch of encroachment shall be required for each inch of clearance above 8 feel. not to exceed 48 inches of encroachment. Encroachments over 12 inches require 8 feel clearance over pedeslrian areas & 14 feel clearance over vehicle areas, and shall not encroach be nd 48 Inches From 8 feet to 15 feet above grade. one inch of encroachment for each inch of clearance above 8 feet not to exceed 48 inches of encroachment. Encroachments 15 feet or more above grade shall have 8 feet of clearance over pedesbian area & 14 feet clearance over vehicle area and shall not encroach be nd 6 feel 3. Temporary structures in public right-of-way - The temporary use of sidewalk areas located within a public right-ot-way shall be allowed for the following types of temporary structures: planter boxes, benches, sandwich board signs, retail merchandise, and four (4) tables with chairs. Use ot the public right-of-way tor retail merchandise shall be limited to business hours. 4. Outdoor Eating Areas on public sidewalks - The use of a public sidewalk as an outdoor eating area containing more than four tables Y a F. SUBDIVISION PLAT Upon zoning approval, the developer shall submit a Preliminary Plan and a Final Plat, which shall generally be consistent with the attached site plan. The proposed deed restrictions shall be approved by the City Council. G. SUPPLEMENTARY REQUIREMENTS This planned unit development shall comply with the following supplementary requirements: 1. Open Space Requirements - This development shall provide open space areas as shown on the attached Exhibit "En in lieu of any other open space requirements of the Colleyville Land Development Code. Ordinance 0-02-1337.4 Page 9 of 14 2. Park Land Dedication Fees - Payment of Park Land Dedication Fees at the rate applicable at the time of building permit shall be due and payable when a building permit is issued for each non- residential structure or primary single-family dwelling unit. 3. Street Riaht-of-Wav Widths - These shall be established upon approval of the Final Plat using the street and alley design standards contained in Paragraph 7 below. 4. Sidewalks - Sidewalks shall be required for all lots in this development. 5. Garaaes/Accessorv Buildinas - The walls of the buildings shall be 100% masonry, constructed of similar materials as the building on the same building site and shall cover no more than 20% of the building site area, and they may be connected to the main building by an enclosed walkway. These buildings shall comply with all other requirements in this ordinance. 6. Advertisina Sians - Buildings may contain the following types of signs: a. Wall Signs - The size of a wall sign shall be limited to the size of the bu ilding wall it is attached to: either 10 percent of the wall area or 1 .5 square feet for each linear foot of the building's wall, whichever is b. Projecting Signs - These may not exceed 20 square feet in size, with a clearance of at least eight feet above ground level. c. Awning Signs - Individual letters on awning signs shall not exceed 12 inches in height. d. None of the above signs shall be internally lit. These signs may be front-lit with lights that do not create an unreasonable glare on adjacent buildings. e. Window Signs - Food and Lodging and Entertainment uses may use internally lit window signs (made of decorative neon) inside of their businesses. Any business shall be limited to a maximum of two window signs. Internally lit box signs shall not be permitted. f. Grand Opening Signs - When a certificate of occupancy has been issued for a new business and within one (1) year thereafter, one (1) Grand Opening Sign permit shall be allowed to advertise the new business. On-site signs may include either a banner or pennant, which may be in addition to any other legal sign allowed by the Land Development Code. Height and area of such signs shall be limited Ordinance 0-02-1337.4 Page 10 of 14 to the applicable regulations for the sign classification. In addition to the on-site Grand Opening Sign, a temporary sign may be placed off- premises with the permission of the property owner. The permit holder shall be the responsible party for compliance with the Grand Opening Sign Permit regulations. A Grand Opening Sign permit shall not be valid for more than sixty (60) days. No permit fee shall be required for a Grand Opening Sign permit. After the expiration of the initial sixty (60) day period, a business may request sixty (60) day extensions during the one (1) year period, subject to approval of the City Council. g. Sandwich Board Signs - One (1) temporary Sandwich Board sign shall be allowed per business, provided such sign does not exceed forty-eight inches (48") high and thirty-six inches (36") wide and is located in front of the business site. Sandwich Board Signs may be placed in front of another business site with the approval of that business owner. For the purpose of this regulation, Sandwich Board signs shall include easels and podiums. 7. Street and Allev Oesiqn a. Two-way Street - The cross-section of the typical village street shall be comprised of twenty-four feet of drive lanes (two, twelve-foot lanes); two, seven-foot parallel parking spaces;. and a ten-foot sidewalk on each side of the street. The total public right-of-way shall not be less than fifty-six (56) feet wide. b. One-wa Street - A cross-section of a tical one-wa street shall conlaln an elgfifeen-f66farlve lane, one seven:foot parallel parKing space and sidewalks ranging in width from three feet to six feet. The public right-of-way for a one-way street shall not be less than thirty- five (35) feet. c. Alley - The cross section of the typical alley shall contain twelve feet of pavement with green space on each side. The alley right-of- way width shall not be less than twenty (20) feet. 8. Public Area Landscapinq - Public parks in the project shall be landscaped and irrigated according to plans approved by the City of Colleyville. 9. Security Fencinq and Walls a. a six foot masonry screening wall shall be constructed along the entire length of the northern boundary from the City Park to Pleasant Run Road, and b. an eight foot masonry screening wall shall be constructed along the three common property lines with Tract 2A2, B.B.B. & CRR. Co. Ordinance 0-02-1337.4 Page 11 of 14 Survey, Abstract 206, and c. an eight foot wrought iron fence with openings for gates shall be constructed along the western property line where this planned unit development is adjacent to City Park, except where adjacent to the City Hall and Library site, and d. a gate shall be constructed at the west end of Central Drive with card-key access for the residents of Central Drive. Do\-le:. H. AMENITIES 1. Parks and Plavorounds - All or portions of certain lots identified on the project site plan must be set aside for public parks, meeting areas and playgrounds. 2. Sidewalk Amenities - Besides the trees and other landscaping, sidewalks shall be constructed to contain the following amenities: bicycle racks, benches. bulletin boards, drinking fountains, underground electric outlets for sidewalk vendors, chess and checkers tables, and water fountains. 3. Street Liohts - The street lights may be either gas or electric and shall be installed on the sidewalks and be of a style which compliments that architectural style of the project's buildings. will be for pedestrian and bicycle use only. These paths shall range from eight to twenty feet in width and shall be constructed of brick, stone and/or concrete. 5. Street Sions - Street signs may be attached on the appropriate buildings at each intersection. The signs, if attached, shall be placed fifteen (15) feet above street level and shall be front lit with a decorative lighting fixture. The signs shall contain eight-inch letters. I. PARKING REQUIREMENTS The parking requirements for this planned unit development shall be as follows and subject to review when the project is 50% complete: 1. The parking shall be provided according to the parking requirements of this section, provided that when 50% of the development is completed within the NC-Neighborhood Center area, the City shall have the authority to review the parking demands and reassess the Ordinance 0-02-1337.4 Page 12 of 14 parking ratio by the development. The developer shall reserve spaces throughout the development to provide extra parking at the 50% reduced development stage. The City shall additionally have the authority to review the parking supply and may reassess the parking ratio when 50% of the development is completed within the NG-Neighborhood General area. 2. Parking spaces shall consist of a combination of parking spaces provided on the street, on each building site, within a parking garage or in an open parking lot. Approximately thirty (30) percent of the parking requirements will be provided on the streets as streets are constructed within the development. The remaining seventy (70) percent of the parking requirements shall be provided as building permits are issued for each structure in accordance with the following requirements: a. Residential Uses - The parking requirements for residential units shall be as follows: (1) Ground floor - when a primary residence is located on the ground floor, two (2) parking spaces shall be provided on the same building site as the dwelling unit and one additional on- site parking space if the building site contains an ancillary residential unit. (2) Upper floor - when a primary residence is located on an upper floor, two (2) parking spaces shall be provided either on the same building site as the residence or in a parking lot or nparkll1ggarageltl~ e-- parking spaces shall not have been used in calculating parking needs for any other residence or use within the planned unit development. b. Non-Residential Uses - The parking requirements for non- residential uses shall be at a ratio of one (1) parking space per 400 square feet of floor area. Parking spaces shall either be located on the building site, in a parking lot, or in a parking garage. Said parking lot or parking garage shall be located within 400 feet of the use requiring the parking space. Said parking spaces shall not have been used in calculating the parking needs for any other use within the planned unit development. c. Parkino Space Records Retention - When off-site parking spaces are provided to satisfy the parking requirements of this ordinance, the City of Colleyville Community Development Department shall maintain records of the number of parking spaces used in calculating parking needs for each building site and no building permit shall be issued for a structure for which adequate parking is not included with the building permit application. Ordinance 0-02-1337.4 Page 13 of 14 d. Public Parkino - Public parking lots and parallel parking spaces shall be located as shown on the attached Exhibit "En. All public parking shall be free of charge. No overnight parking shall be permitted in the parking lots. J. PROPERTY OWNERS ASSOCIATION Each property owner in the project shall be a member of the owners' association which shall collect quarterly fees from each property owner for payment for the following common services: landscaping, Village promotions and events, cleaning, security, marketing, architectural control and project administration. If a Village property owner fails to timely pay its association fees, the owners association's declaration of covenants shall enable it to file a lien against that owner's property. Sec. 2. THAT Ordinance 0-99-1141 shall remain in effect except where amended by this ordinance. Sec. 3. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the /tp ~ day of /J ;P/U'.f- 2002. The second reading and public hearing being conducted on the 7 M day of ~~ 2002. A~'>'k~p~ Cynthia Singleton, TRMC City Secretary DEe 1 7 2002 Ordinance 0-02-1337.4 Page 14 of 14 PPROVED AS TO FORM AND LEGALITY: oss T. Foster ity Attorney .~ l'exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: December 8, 2003 Z-03-029 - Public Hearing - An amendment to the Special Use Permit for alcoholic beverage sales for off-premise and on- premise consumption in Town Center Colleyville Addition (0-03- 1389) located at the southeast corner of Hall Johnson Road and Colleyville Boulevard STAFF REVIEW COMMENTS Melvin & Martindale, Ltd., is the owner of the Town Center Colleyville shopping center, located at the southeast corner of Hall Johnson Road and Colleyville Boulevard. In February 2003 the City Council approved a Special Use Permit for alcoholic beverage sales on the property. The Special Use Permit contains a condition that prohibits the sale of alcoholic beverages on a portion of the property due to the proximity of the Barbara Gordon Montessori School, which is located east of the Town Center. The owners have finalized a lease with Gloria's Restaurant, a Mexican food restaurant, which would be located in a lease space affected by the condition. The owners have submitted a zoning request to amend the Special Use Permit to allow the sale of alcoholic beverages for on-premise consumption for this restaurant site. The lease space is located on the north end of the building anchored by Market Street. The proposed amendment to the special use permit would delete the following language from the ordinance: The sale of alcoholic beverages shall be prohibited within the area located within 300 feet of the Barbara Gordon Montessori School, as described in Exhibit "8". According to the Colleyville City Code, the sale of alcoholic beverages within 300 feet of private school property is considered unlawful. In order for this condition to take effect, the private school must have more than 100 students enrolled in grades kindergarten through twelve. The Barbara Gordon Montessori School has over 100 students enrolled in these grade levels. If the enrollment of the Montessori school drops below 100 students, then this requirement would not apply to the property. The proposed amendment will remove the duplication of this language in the Special Use Permit and the City Code. If the amendment is approved, the City Council may consider allowing a variance from the City Code for the restaurant site. According to the Code, the City Council may allow a variance from this requirement if it determines that "the enforcement of the regulation in a particular instance is not in the best interests of the public, constitutes waste or Agenda Item No.3 - Page 1 inefficient use of land or other resources, creates an undue hardship on the applicant for a license or permit, does not serve its intended purpose, or is not effective or necessary, or for any other reason the City Council determines, after consideration of the health, safety and welfare of the public and the equities of the situation, that the variance is in the best interest of the community." The proposed amendment is the first part of a two-part process for this request. The first part, and the issue that the Planning and Zoning Commission is considering, is whether to remove the special condition from the Special Use Permit. This condition was added by the City Council as part of the approval of the ordinance. The second part is the variance from the alcoholic beverage regulations. The Council is the only body that can allow a variance from the City Code for this property. IMPACT ISSUES 1. Master Plan. The Colleyville Master Plan designates the future use of this area for commercial type land uses. This request is consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. The surrounding properties are generally developed as commercial and institutional uses. There is a single family development located east of the site across Riverwalk Drive (Kingswood Estates). The Bluebonnet Hills cemetery is located north of the site across Hall Johnson Road. 3. Development Trends. The area is experiencing significant development of commercial projects. Several new businesses have opened in the Town Center this year, including Lee Lighting and Market Street. Lifetime Fitness, a 110,000 square foot fitness center, will start construction on the south side of Church Street this year. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way and the interior of the development. The developer is responsible for the extension of utilities to the lots if necessary. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the parcels making up the Town Center are valued at $12,805,955. The estimated City property tax revenue for the real property is $44,488 annually. The future property tax revenue would depend upon the value the building improvements to the property. 6. Economic Development. The sale of alcoholic beverages by local restaurants has a positive impact on economic development through the distribution of taxes collected on mixed beverage sales. There are twelve restaurants in Colleyville that pay mixed beverage taxes to the State, which in turn distributes a portion of the tax collected to the city in which the business is located. The Mixed Beverage Allocation Historical Summary for C olleyville, available f rom the Texas Comptroller 0 f Pu blic Accounts, indicates that $ 33,121 in mixed beverage t axes were distributed tot he City in 2003. Previous year distributions were $29,599 in 2002, $26,909 in 2001, Agenda Item No.3 - Page 2 and $20,204 in 2000. Sales tax is collected on beer and wine sales at grocery stores and convenience stores. 7. Public Notification. Staff mailed notices to 57 adjacent property owners regarding this request. Notices were mailed to the property owners within 500 feet of the property. A complimentary notice was also mailed to the Hidden Oaks homeowners association. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. One letter in support of the amendment been received, and a copy of the letter is attached. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: December 8, 2003 City Council: December 16, 2003 and January 6,2004 RECOMMENDATION Approval ATTACHMENTS · Location map · Information from applicant · List of Property Owners Notified · Correspondence · Ordinance 0-03-1389 · City Code: Alcoholic Beverage Regulations Prepared by: ~ Agenda Item No.3 - Page 3 ;;"'11 .. ... ... AC ... ... .. .. .. .. .. .. '"' U.7J AI: ~ ; V~) ... t- 11- ) 1:~! 1" 1ft: .. 1 I 12 U -,- l,- -- ~r !2 ~ o . I! 11 ! . : "i o...f . .. ... ... . ,~ ....4.:-!?q..~...~.... i ______..J t.o;c;O~ \ !I " ,*,o~'l1ltl$ c \ '-t"l~ ..: I 1 Coo\.\. ~ :U7. i 1', : I i 1-- I I ~: .l.--- -- -- I I 1 : I I . ] 7 !. i . , , lIt~ ,111"" l.Oa AC lAC' . ~- -- I L __ -T-~- (oz.,.... .L- .. 1'-___ --- --C \" -- --'-~._~_ ./ \~1!>1 : 112 I u .___L _1- ..... 1 ...~';) ~- ~ "i' '1 C \'. e.&" 1 -- _n I: ',~0___ ') '- _____ ~_.~ (-I ~...o~ ~ -- \8a.;...'\,.. \..~\"" :L _._-~ -- "'U"-.- ~\i."l~. . is\l 2~~ .' I ! ~ rO-'''- ~L_ G. i ....... '" ~."'N:. "-11 : ~M~ __ II .n AC - i-- u - 111. UTI .. 1 CKJ~RY 111 .. ," ! LOCATION MAP - TOWN CENTER COLLEYVILLE Melvin & Martindale, Ltd. 8235 Douglas Avenue, Suite 950 Dallas, Texas 75225 (214) 360-1714, Fax (214) 360-1716 November 11, 2003 Planning and Zoning Commission City of Colleyville 5400 Bransford Road Colleyville, TX 76034 Ladies and Gentlemen: Enclosed please find the application for the proposed amendment to the SUP for Town Center Colleyville. We have finalized our lease agreement with Gloria's Restaurant for the north end- cap of Building J and the amendment is necessary to permit the restaurant to sell alcoholic beverages for on-premise consumption, which is an integral part of their business. This quality, full service, Mexican food restaurant compliments our tenant mix and will be a real asset to the community. The subject location within our development is ideal for the restaurant due to its prominence, its field of parking, its separation from Market Street. its multiple access points, etc. Gloria's will no doubt greatly energize the northern sector of our shopping center. We appreciate your consideration and look forward to answering any questions you might have concerning this request. Very truly yours, MELVIN & MARTINDALE, LTD. CI,c!llle~ M. I lodges ~'oQ,....t-\. ~o(~\ J:\CHDS\40001 (H&A 99016-Colleyville)\Correspondence\Letters\40001 L TR1111 03-Planning&Zoning,doc e ~ ~ 8 N ",'" "I ",0.. ~CD fll Ii i 1:1 a ~'I ~. ~ I!:! w ::J ~ ::I 8 ,.", M!W!I ;~I"II'I !~i~tdl tH,ll' l!ijio:1i fi I ..-~ ('f) ~O'><D I ..- II I 0110:: Z<(O awo .-JO::.-J 'l> \ /' \ Bluebonnet Hills Memorial Park Attn: Debbie Lee Munch P.O. Box 11250 New Orleans, LA 70181 Barbara Gordon Montessori School 1513 Hall Johnson Road Colleyville, Texas 76034 Complementary Copy To: Kingswood Estate HOA C/o Kirk Stites, President P.O. Box 978 Colleyville, Texas 76034 Melvin & Marindale, Ltd. 8235 Douglas Ave., Ste 950 Dallas, TX 75225 Barnard Partners Ltd. XII 210 W. 6th St., Ste 302 Fort Worth, TX 76102 J T Corley 7310 Dominique Drive Dallas, TX 75214 Eagle-Colleyville Towne Square Two Lincoln Centre 5420 LBJ Freeway, Ste 1280 Dallas, TX 75240 Robert Farrell Melvin & Martindale, Ltd. 8235 Douglas Ave., Suite 950 Dallas, TX 75225 Colleyville Boulevard LLC 2574 74th Street, Suite 210 Lubbock, TX 79423 Cambridge Homes, Inc 2828 Trinity Mills #300 Carrollton, TX 75006 Afrim & Ruzdi Bojku 3408 Glade Creek Drive Hurst, TX 76054 Ervin Matton 1500 Kingswood Lane Colleyville, Texas 76034 City ofColleyville The Bridges at Riverwalk, Ltd. 3401 Amherst Circle, Apt. 127 Bedford, TX 76021 DFW Tile, Inc. 5311 Colleyville Blvd. Colleyville, Texas 76034 First Baptist Church Colleyville 5405 Pleasant Run Road Colleyville, Texas 76034 Wyndham Investment Prop ETAL 751 E. Southlake Blvd, Ste 130 Southlake, TX 76092 Cathy McFalls 5131 San Gabriel Avenue Colleyville, TX 76034 Fred Lee PO Box 1598 Duluth, GA 30096 Ervin Matton 1500 Kingswood Lane Colleyville, TX 76034 United States Postal Serive 475 Lenfant Plaza SW Washington, DC 20260 M T Properties Inc. 5137 Davis Blvd. Fort Worth, TX 76180 Herman Smith & Co. Lts. 1903 Central Drive, Ste 403 Bedford, TX 76021 DR Horton Texas Ltd. 1901 Ascension Blvd., Ste 200 Arlington, TX 76006 Beasley Building Group 5401 Colleyville Blvd. Colleyville, Texas 76034 Baylor Health Care System 3409 Worth St., Ste 600 Dallas, TX 75246 The Guest Family LP 1300 Tanglewood Trail Euless, TX 76040 Greg & Tina Davidovich 1116 Nueces Court Colleyville, TX 76034 Colonial Bank 8214 Westchester Drive Dallas, TX 75225 Robert & Sue Shelnutt 1502 Kingswood Lane Colleyville, TX 76034 Rick & Paula Butts 1504 Kingswood Lane Colleyville, TX 76034 Timothy & Joy Crabtree 1503 Kingswood Lane Colleyville, TX 76034 R S Kudlac & R Pendergrass 1504 Royal Lane Colleyville, TX 76034 Stephen & Dianne Farmer 5305 Bluebonnet Road Colleyville, TX 76034 First Baptist Church of Colleyville 5405 Pleasant Run Road Colleyville, TX 76034 Grapevine Colleyville ISD 3051 Ira E. Woods Ave Grapevine, TX 76051 Stephen & Cheryl Moreland 5609 Hidden Oaks Drive Colleyville, TX 76034 Kenneth & Estilita Kerkering 5603 Hidden Oaks Drive Colleyville, TX 76034 Guest Monticello Partners Ltd 1111 S Main Street, Ste 220 Grapevine, TX 76051 Complimentary Copy To: Hidden Oaks HOA Fred Richmond, President 5607 Hidden Oaks Drive Colleyville, TX 76034 Lyn & Jo Ann Kamerman, Jr. 1506 Kingswood Lane Colleyville, TX 76034 Melitta & Kenneth Taylor 1505 Kingswood Lane Colleyville, TX 76034 Joy Anna Eiler 1618 Forest Bend Lane Keller, TX 76248 William & Carol Ludwick 5319 Bluebonnet Drive Colleyville, TX 76034 David Linton 1020 Switchyard Street Fort Worth, TX 76107 Debbie & Michael Moody 5701 Hidden Oaks Drive Colleyville, TX 76034 Fredric & K Richmond 5607 Hidden Oaks Drive Colleyville, TX 76034 MinKim 5601 Hidden Oaks Drive Colleyville, TX 76034 Peoples's Realty Ltd 2875 Exchange Blvd South1ake, TX 76092 Applicant: Jose' Fuentes Colleyville, Inc. 5100 Beltline Road, Suite 852 Addison, TX 75254 Nasrin Meta1wa1a 1508 Kingswood Lane Colleyville, TX 76034 Riaz Hussain 1507 Kingswood Lane Colleyville, TX 76034 Donita Wiggins & Joan Vandergriff 5317 Bluebonnet Road Colleyville, TX 76034 Louis & Elizabeth Miller 7800 Tillman Hill Court Colleyville, TX 76034 Colleyville Church of Christ 1008 Church Street Colleyville, TX 76034 Gary & Teresa Kerbow 5700 Hidden Oaks Drive Colleyville, TX 76034 Terry & Dixie Leach 5605 Hidden Oaks Drive Colleyville, TX 76034 CWJ Co Inc 1100 Fountain Parkway Grand Prairie, TX 75050 Fred & Thomas Monks Sr 1608 Kingswood Lane Colleyville, TX 76034 Case Z-03-029 (Notices dated: November 19, 2003) According to the last published Tax Record, individuals who own property that is within the 500' of the proposed special use permit/and-or/zoning change request are listed above. I certify that the parties listed on the two (2) preceding pages have been notified of the proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy c;- Planning & Zoning Assistant GRACO REAL ESTATE DEVELOPMENT, INC November 24,2003 Planning and Zoning Commission City of Colleyville P.O. Box 185 Colleyville, TX 76034 RE: Case Number Z-03-029 To Whom It May Concern: Colleyville Boulevard would like to vote in favor of the above referenced case number. Sincerely, 1~~v~\~~V- Colleyville Boulevard, L.L.C. II~ ~ ~ [t u ill ~ W ull NOV 2 5 2003 ~ By CORPORA'IE OFACE p.o, BOX 65207 . LUBBOCK, lEXA..'> 79464 257474'0 j STREET, SlJflE 210 . WBBOCK, TEXAS 79423 OFC (806) 745-9718' FAX (806) 748-\757 METROPl FX OFACE 32\ N, CEl'.'filAL EXPRESSWAY, SUITE 305 MCKINNEY, TEXAS 75070 OFC (972) 5698\55. FAX (972) 5698\56 ORDINANCE 0-03-1389 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR ALCOHOLIC BEVERAGE SALES FOR OFF-PREMISE AND ON-PREMISE CONSUMPTION IN TOWN CENTER COLLEYVILLE ADDITION; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION WHEREAS, an application for a zoning amendment was filed by Hodges & Associates on December 17, 2002, requesting a Special Use Permit for alcoholic beverage sales for off-premise and on-premise consumption under Case No. Z-03-001; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and HEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lots 1R, 2R, 3R1, 3R2 and 4, Block 1; and a portion of Lot 1 R, and Lots 2 and 3, Block 2, Town Center Colleyville Addition by authorizing the following: a. A Special Use Permit for Alcoholic Beverage Sales for off- premise consumption for a grocery store, specialty wine shop or gourmet food store. b. A Special Use Permit for Alcoholic Beverage Sales for on- premise consumption in conjunction with a restaurant use. c. This property is subject to the distance provisions from schools as required by the Colleyville Code of Ordinances and Texas Alcoholic Beverage Code. d. The sale of alcoholic beverages shall be prohibited within the area located within 300 feet of the Barbara Gordon Montessori School, as described in Exhibit "B". Ordinance 0-03-1389 Page 2 of 2 e. The Special Use Permit required for alcoholic beverage sales for on-premise or off-premise consumption shall become null and void five (5) years from the date of approval of this ordinance for undeveloped sites. Sec. 2. THAT this property shall be subject to all the regulations contained in the Colleyville Land Development Code and the CC2 Shopping Center Commercial District, except where amended by this ordinance. Sec_ 3. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 1ISt) day of ~...I,..A...I'" Q~ 2003. The second reading and public hearing being conducted on the /.i's-.6 day of ~.h IVt::1- 2003. A~~ck Cynthia Singleton City Secretary CITY OF COLLEYVILLE: rt::,J~ Donna Arp Mayor ~~~VED AS TO FORM AND LEGALITY: /fJPe- Ross r. Foster City Attorney Exhibit A Zoning Map BoGAFfr--- - --:)';+ ;,!.:,-=~~~~,"" DRIVE: ,> " > ',,- . ," > '.\..:,,~~ ,-~ 1I ;-:::f:':~";:':'~::'- ~, ~~i,. 0, fll, -, '~--,,"' 1\' ' c: 1~ i ~ 11 : [!j 1\ l ~ '11,1 ~~. ij' , \ I .. i ~'i! ~ "t . l~ :~ ._ ~ lLw\1"\ 11J1' .. :,:I/Iiir--- Ylj I, ' VI/ ~i , . . " 1 """'w O. )>!= w:-O II mID go C Z o )> :D m w ,i If'............ ' .~. .., I ,'~ ~ "! / " /"--- .I ,---' .._;/ .- Ii Exhibit B Lon LoCJ< C""""'""NI~ "^-- -.-. BLUEBONNET ROAD ,___.....-"'-- --=:::~-c~ Colleyville Alcoholic Beverage Regulations Texas Provided by the Community Development Department www.ci.colleyville.tx.us 817.503.1050 ARTiClE I. IN GENERAL Sec. 6-1. Applicability of chapter The storage, sale, possession or serving of any alcoholic beverages, when permitted by the laws of the state, shall be regulated and governed as provided herein. Sec. 6-2. Compliance with zoning and Land Development Code (a) The storage, possession, sale or serving of alcoholic beverages by anyone for the consumption, either on or off the premises, shall be prohibited unless on land zoned specifically for that purpose with a Special Use Permit in accordance with the Colleyville Land Development Code. (b) For any area of the city that was granted a Special Use Permit for alcoholic beverage sales, for either on-premises or off-premises consumption, prior to October 1, 2001, the premises shall be deemed to satisfy the requirements as established by this Code regarding distance from schools, churches, and other types of premises for all new and subsequent renewals of a license or permit. Sec. 6-3. Restrictions on sales within prescribed distances of public and private schools, churches and public hospitals. (a) It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages where the place of business of any such person is within three hundred (300) feet of any church, public or private school, or public hospital. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections. (c) The measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school shall be in a direct line from the property line of the public or private school to the property line of the place of business and in a direct line across intersections. (d) The City Council may allow a variance to this section if it determines that the enforcement of the regulation in a particular instance is not in the best interests of the publ ic, constitutes waste or inefficient use of land or other resources, creates an undue hardship on the applicant for a license or permit, does not serve its intended purpose, or is not effective or necessary, or for any other reason the City Council determines, after consideration of the health, safety and welfare of the Colleyville Alcoholic Beverage Regulations Page 1 of 6 public and the equities of the situation, that the variance is in the best interest of the community. (e) The term "private school", including a parochial school, means a school offering a course of instruction for students in one or more grades from kindergarten through grade 12, and has more than 100 students enrolled and attending courses at a single location. Sec. 6-4. Hours of sale and consumption The hours of sale and consumption shall be as required by the Texas Alcoholic Beverage Commission. Sec. 6-5. Alcoholic beverage sales for on-premises consumption must be incidental to hotel, motel, or restaurant. No person shall sell, store, dispense, or otherwise handle for the purpose of sale, or engage in the business of selling, storing, dispensing, or otherwise handling for sale, any alcoholic beverage in the city for on-premises consumption, except in a location where such activity is either incidental and secondary to use on the same premises for hotel or motel purposes, or where incidental and secondary to the sale of food for human consumption, which shall be construed to mean that at least 60 percent of the gross receipts of such business shall be from non-alcohol and food sales. Article 1 amended by Ordinance 0-01-1300 on September 11, 2001. ARTICLE II. BUSINESS LICENSES AND PERMITS Sec. 6-26. Application; contents. Any person applying for a permit or license issued by authority of the Texas Alcoholic Beverage Code or a renewal of such permit or license or to change the location of the place of business designated in such permit or license shall deliver to the city secretary, for filing, one copy of the appropriate forms prescribed by the state alcoholic beverage commission, together with scale drawings showing the proposed location of the applicant's business in relation to streets, property lines and the nearest church, public school, or public hospital. Such person shall also provide a statement of his name, current address, addresses for the previous ten years, age, all other city permits or licenses held, and the names and addresses of all persons with an interest in such business, which statement shall include an affidavit that the information given is true and correct. The applicant shall give permission for his fingerprints, height, weight, race and other description to be obtained by the police department. Colleyville Alcoholic Beverage Regulations Page 2 of 6 See. 6-27. Reserved. Editor's note-Section 1 of Ord. No. 0-96-1015, adopted Jan. 16, 1996, repealed ~ 6- 27 in its entirety. Formerly, said section pertained to investigation of applicant by chief of police and derived from ~ 14(8) of ch. 4 of the 1980 Code. Sec. 6-28. Review of application by city secretary; certification as to zoning; objections to issuance. The city secretary shall review the application as submitted by the applicant, verify zoning and approval of a special use permit by the city council. If, from the city secretary's examination, it appears that the applicant is disqualified, or that the applicant's place of business is inadequate, unsafe, unsanitary or does not comply with all the terms of the ordinance and the Texas Liquor Control Act, or that any lawful reason exists why the permit or license should not be issued, it shall be the duty of the city secretary to file objections to the issuance of the permit or license with the alcoholic beverage commission or with the county judge. See. 6-29. Fees generally. (a) No permittee or licensee under this article shall engage in the business authorized by his permit or license without first having paid to the city the permit or license fee levied by this section. It shall be the duty of the city attorney to petition the state alcoholic beverage commission to cancel the permit or license of any permittee or licensee who shall engage in the business authorized by the permit or license of such person without first having paid the fees levied by this section. (b) There is hereby levied on each person granted and holding a license or permit under this article and engaged in the business authorized by such license or permit in the city an annual fee in an amount equal to one-half of the amount charged or taxed by the state pursuant to the Alcoholic Beverage Code for each type of business or occupation. Sec. 6-30. Fees to be paid in advance; separate license or permit required for each place of business. The fees required for licenses and permits as required by section 6-29 shall be paid in advance for one year. A separate license or permit, as required by this article, shall be obtained for every place of business where the business of alcoholic beverage manufacture, distribution, or sale is conducted, and fees for each such license or permit shall be paid. Co/leyvi/le Alcoholic Beverage Regulations Page 3 of 6 Sec. 6-31. Issuance; contents. Upon approval by the city attorney and payment of the required fees, the city secretary shall issue a license or permit in the name of the city, which shall acknowledge receipt of such amount and shall contain the number, name, and expiration date of the state permit or license; the name of the permittee or licensee; the trade name of such permittee or licensee; the address of the business; and the date of issuance. Sec. 6-32. Display of license or permit. The license or permit issued by the city secretary under this article shall be displayed at all times in a conspicuous place within the licensed or permitted place of business. Sec. 6-33. Refund of fees. No refund of a fee paid the city under the terms of this article shall be made for any reason except when the permittee or licensee is prevented from continuing in business by reason of the result of a local option election or an amendment of the zoning regulations of the city concerning the property on which the place of business is situated. Sec. 6-34. Records. All persons operating establishments engaging in the sale of alcoholic beverages within the City shall comply with the reporting requirements of this Section. (a) During the first year of any license for on-premises alcoholic beverage consumption issued to a new license-holder, the owner, operator or person in control of an establishment licensed by the state for on-premises alcoholic beverage consumption shall, on a quarterly basis with the quarters ending March 31, June 3D, September 30 and December 31, file with the Building Official an affidavit, on an officially approved form provided by the Building Official, that reflects gross sales for the preceding three months, indicating the sales of non- alcoholic items and alcoholic beverages. The quarterly reports for the previous three-month period shall be due on or before the 25th day of April, July, October and January. In the event that no violation occurs during the first year, then the business will only be required to report on an annual basis, thereafter. (b) The party shall also file on a quarterly basis, at the same time the affidavit on sales is filed, a copy of the filing(s) supplied to the state for sales tax and alcoholic beverage tax purposes for the previous three-month period. Colleyville Alcoholic Beverage Regulations Page 4 of 6 (c) Such affidavit and copies of filing(s) supplied to the state for sales tax and alcoholic beverage tax purposes shall be reviewed by the City Manager or designee for compliance with the provision of Section 6-5 above regarding the ratio of non-alcohol items to alcohol beverage sales. (d) If a quarterly report submitted indicates that the filing establishment does not comply with the percentage requirements of Section 6-5 above, the establishment shall have until the next due date of a quarterly report to bring the establishment into compliance with city ordinances. The licensee shall be notified by certified mail by the Building Official that a violation of this Section has occurred. Such notification shall specify the date by which the licensee must be in compliance with Section 6-5. A report containing the same information as the quarterly report must be filed with the Building Official on or before the date required for compliance, as stated in the letter of notification of violation. (e) If a quarterly report is not submitted to the Building Official on or before the 25th day of April, July, October and January, the Building Official shall notify the licensee by certified mail that a quarterly report has not been submitted. The licensee shall have a period of ten (10) days after the date of delivery marked on the certified mail return receipt to file the quarterly report. (f) Failure to file a quarterly report or failure to bring the establishment into compliance by the next due date of a quarterly report shall constitute a violation of this Section. The City Attorney may inform the Texas Alcoholic Beverage Commission that the establishment is no longer in compliance with the city ordinances as previously certified to by the Building Official and request that the Texas Alcoholic Beverage Commission take whatever action is available under the Texas Alcoholic Beverage Code to revoke the state license. (g) The person operating an establishment subject to the reporting requirements of this article shall permit the City Manager or a designated agent to view and copy the books, records and receipts relative to sales of non-alcohol items and alcoholic beverages at any time after twenty-four hours notice. In the any event the City Manager finds a violation, then the business will be required to comply with Section l.a for the succeeding twelve months. (h) The city shall have the right to request the establishment to provide a prior quarters report in order to determine the business has remained in compliance. In the event the establishment fails to be in compliance then in that event the business will be subject to the quarterly reporting requirements for another year. Section 6-34 amended by Ordinance 0-03-7398 on April 75, 2003. Colleyville Alcoholic Beverage Regulations Page 5 of 6 See. 6-35. License and permit renewals. No license or permit issued under this article shall be renewed for any location where the records required by section 6-34 indicate that gross receipts from sales of food are less than gross receipts from alcoholic beverage sales. No new license or permit shall be granted for alcoholic beverage sales at such location for a period of six months. Sec. 6-36. Application to private clubs. Sections 6-1-6-5, 6-26, 6-28 and 6-34 are the only sections of this chapter which shall apply to private clubs, and this chapter shall not apply to private clubs incidental to a hotel or motel, as defined in the zoning ordinance; nor to private clubs licensed by the state which are owned and operated by nonprofit service organizations, such as Veterans of Foreign Wars and the American Legion. Colleyville Alcoholic Beverage Regulations Page 6 of 6 ccece l'eJl;aS PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: December 8, 2003 Z-03-030 - Public Hearing - Zoning change from AG to R20 Single Family Residential, 0.9968 acres located at 1204 John McCain Road STAFF REVIEW COMMENTS Keith Allen is the owner of a one-acre parcel of property located on the north side of John McCain Road, across from Shepherds Glen. The owner has submitted a request to change the zoning on the property from AG Agricultural to R20 Single Family Residential. The owner is seeking a zoning change in order to create two lots for the construction of two new single family residences. The R20 district requires a minimum lot width of 100 feet, a minimum lot depth of 125 feet, and a minimum lot area of 20,000 square feet. The proposed property has 209.41 feet of frontage 0 n John McCain Road, which is sufficient width to create two single family lots. The proposed lots, as shown on the zoning exhibit, appear to meet the R20 zoning requirements. A house is located on the subject property, and available records indicate the house was constructed in 1950. The surrounding property is single-family residential in nature. Properties to the north and east are zoned R40 and is developed as residences. The properties to the south across John McCain Road are zoned PUD-R (Caldwell's Creek Addition). Property to the west is zoned R20 and is platted as two single family lots, similar in size to those included in this zoning change request. IMPACT ISSUES 1. Master Plan. The Colleyville Master Plan designates the future use of this area for single family type land uses. This request is consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. Most of the surrounding properties are developed as single-family residences. A house of worship is located just west of the site. 3. Development Trends. The long-term trend for this area is single-family development. Property in the area is generally suitable for that type of development. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of utilities to the lots if necessary. Agenda Item No.4 - Page 1 5. Property Taxes. According to information available from the Tarrant Appraisal District, the parcel is valued at $88,100. The estimated City property tax revenue for the undeveloped property is $306 annually. The future property tax revenue would depend upon the value the building improvements to the property. 6. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. The closest intersection for which traffic counts are available is John McCain at Pleasant Run, west of the property under consideration. The most recent traffic count, taken in 2002, indicates an average of 7,127 vehicles per day traveled John McCain Road through this intersection. 7. Public Notification. Staff mailed notices to 11 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: December 8,2003 City Council: January 6 and January 20, 2004 RECOMMENDATION Approval ATTACHMENTS · Location Map · Zoning Map · Zoning Exhibit · List of Property Owners Notified Prepared by: C ~~,. ~~Sband. :P Development Coordinator Agenda Item No.4 - Page 2 "I ~:~vv. _.-.-'-.-<- - ~ ,1 ~"'- '. "J . -_.-..........-.~.___ ~. 4.317.........~._. ,\\)Iltt). \ / (~:::;.r~ O~..... 1. "!t \ to",""" ""''' .", ._J ~ ::::::- 'I Cn'/ I.\' rr~ i ~/ '""j \. GO V \tSt. ......... 61114& II' .....-.... V rot.1..E'lVl LF. .....1 I '. ~U .,.-- ""./ VIlI': '\ '. .1.\'0'0 ,,,'.r.. "". ./' /.- .~''''1 1,\t'l 1\': '., J/ . .... , ... ~tj V ~ . ,. -:._~ H{\l>l> ~ l .~. i )<0 ,3.~, .. ! \ I' 3 ~ c~~8~ ,..,. '.7!l. i 1\ -- }.. 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Si Qi o..c _.0 <~'I;f"E .,~., ;,:"'> ~o Z Kurt & Donna Kauffman 1208 John McCain Road Colleyville, TX 76034 Michelle & Ryan O'Keefe 1300 John McCain Road Colleyville, TX 76034 Charles Pearce 7212 Holly Lane Colleyville, TX 76034 Jack & Zeila Olsen 7017 Shalimar Court Colleyville, TX 76034 Centurion American Cust. Hms. 5100 Thompson Terrace Colleyville, TX 76034 Sebastian & Judith Freidt 7013 Shepherds Glenn Colleyville, TX 76034 Maurice Connor 1303 Bellefonte Lane Colleyville, TX 76034 Joe Weir 2132 Glenhaven Drive Lewisville, TX 75067 Robert Bernardo 7010 Shepherds Glenn Colleyville, TX 76034 Joe Tirk 909 John McCain Road Colleyville, TX 76034 Eldon Lee 1204 John McCain Road Colleyville, TX 76034 Keith M. Allen, Applicant 2 Shields Court Tropohy Club, TX 76262 Case Z-03-030 (Notices dated: November 18, 2003) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permitJand-or/zoning change request are listed above. I certify that the parties listed above have been notified of the proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy fJ:/-- Planning & -;gning Assistant cc.~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: December 8, 2003 Discussion of Master Plan Update Attached is a working outline of the Colleyville Master Plan Update document. The outline identifies each chapter and the related sections contained within each chapter. A percentage of completion is assigned to each 0 f t he various topics. Approximately two-thirds of the written text has been completed. Once staff has completed the draft documentation for each of the six neighborhoods, the next major step involves additional meetings with each neighborhood to finalize the specific neighborhood plan. At the present time, I anticipate these meetings being scheduled for January and February, 2004. The draft reports on the two special studies, one in the Felps Drive area and the other along the Precinct Line Road corridor are due for completion within the next couple of weeks. Prepared by; Master Plan Status Report Colleyville Master Plan Update Document - Working Outline - Chapter Description Colleyville Master Plan Vision Statement 1 - Introduction and Citizen Participation A. The basis for planning B. Citizen participation process C. Neighborhood boundary map D. Neighborhood meeting format E. Detailed meeting structure F. Participation rates G. Facilitators H. Telephone survey I. P & Z workshops J. Past planning efforts 2 - Assumptions and Demographic Analysis A. Overview B. Historical development of the community C. Historical population growth D. Age cohort analysis E. Median age comparison F. Population distribution G. Population projections H. (additional demographic, income, employment) 3 - Environment and Setting (need more maps) A. Overview B. Major physical features C. Floodplains and wetlands D. Soils E. Climate F. Sensitive habitats G. Significant features H. Air quality I. Tree Preservation J. Historical markers Regional issues; regional goals K. Forecasts of regional and local growth Page/Status 1 90% 90% 90% 90% 90% 90% 90% 50% 90% 90% (need more tables and graphs) 90% 90% 90% 90% 90% 90% 90% 0% 90% 90% 90% 90% 50% 0% 0% 0% 25% 90% 0% 0% Working Outline Cofleyville Master Plan Update 4 _ City-Wide Goals & Priorities - Policy Development (start with 1998 Plan) A. Summary of goals, priorities, policies, etc., related to the following topical areas: 1. Community Identity/lmage 2. Residential Neighborhoods 3. Economic Development 4. Open Space Philosophy 5- Neighborhood Area Goals & Priorities - Policv Development A. Southeast Colleyville - Neighborhood 1 i. State of current development - ii. Density ii. Rural Atmosphere/Rural Look - defined, Rural By Design (Arendt) iv. Diversity in housing stock v. Recommended actions and strategies B. Southwest Colleyville - Neighborhood 2 I. State of current development - ii. Density ii. Rural AtmospherelRural Look - defined, Rural By Design (Arendt) iv. Diversity in housing stock v. Recommended actions and strategies C. South Central Colleyville - Neighborhood 3 I. State of current development - ii. Density ii. Rural AtmospherelRural Look - defined, Rural By Design (Arendt) iv. Diversity in housing stock v. Recommended actions and strategies D. Northeast Colleyville - Neighborhood 4 I. State of current development - ii. Density ii. Rural Atmosphere/Rural Look - defined, Rural By Design (Arendt) IV. Diversity in housing stock v. Recommended actions and strategies E. Central Colleyville - Neighborhood 5 I. State of current development - ii. Density II. Rural Atmosphere/Rural Look - defined, Rural By Design (Arendt) iv. Diversity in housing stock v. Recommended actions and strategies 90% 0% 0% 0% 0% F. North Colleyville - Neighborhood 6 50% Working Outline Cofleyville Master Plan Update I. State of current development - II. Density ii. Rural Atmosphere/Rural Look - defined, Rural By Design (Arendt) IV. Diversity in housing stock v. Recommended actions and strategies (Chapters specifically focusing on the 6 neighborhood areas (individually) referencing goals, priorities, issues related to each area) 6 - Economic Development 0% A. Key issues B. Retail, Office, Commercial trends C. Market Analysis of Colleyville D. Special Development Areas 1. Town Center 2. Village at Colleyville E. Recommended actions and strategies 7 - Transportation System needs maps A. Overview B. Major Transportation Network C. Existing Collector Network D. Purpose of the Major Thoroughfare Plan E. Neighborhood Unit Concept F. Thoroughfare Classifications and Standards G. Local Approach to Thoroughfare Planning H. Traffic volumes I. Thoroughfare Plan - map J. Discussion of topics 1. traffic management 2. transit opportunities 3. traffic calming 4. signage 5. recommended improvements finished 90% finished finished finished finished 90% finished 90% finished 90% finished 8 - Community facilities (needs proposed improvement summaries) A. Water System B. Wastewater system C. Storm drainage system D. Franchise utilities 90% finished 90% finished 9 - Community Services A. City hall & Library B. Colleyville Center 30% Working Outline Colleyville Master Plan Update C. Parks and Recreation i. Reference to existing ParkslRec Plan and Trail Plan ii. Private Open Space analysis D. Emergency Services i. Fire Department ii. Police Department F. Education - GCISD, KISD 90% finished 10 - Land Use Plan 0% A. Existing land use - possibly matrix formats B. Special Studies i. Precinct Line Road Corridor Plan ii. Southern Colleyville Boulevard area plan C. Future land use map 11 - Implementation Methods and Recommendations 0% A. Recommended policies B. Development Regulation changes C. Capital Improvement programs D. Intergovernmental cooperation E. Planning program Appendix A - Neighborhood Comments Appendix B - Neighborhood Issue Priority Tabulations finished finished Working Outline Colleyville Master Plan Update