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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-3/8/2004 city Of Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers -100 Main Street Monday, March 8, 2004 REGULAR MEETING 7:00 P.M. CALL TO ORDER Chairman Jeff Wall ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Mark Jones, Jeff Wall INVOCATION Commissioner Jones PLEDGE OF ALLEGIANCE CITIZEN COMMENTS AGENDA ITEMS 1. Case Z-04-014 PUBLIC HEARING - Special Use Permit for alcoholic beverage sales for on-premise consumption on 1.97 acres located at 5400 State Highway 121 2. Case Z-04-013 - TABLED ITEM -Zoning Change from AG Agricultural to R20 Single Family Residential on 9.8 acres located at 600 Shelton Drive 3. Case Z-04-011 - TABLED ITEM - Zoning Change from CC2 Shopping Center Commercial to PUD-C Planned Unit Development Commercial on 15.10 acres located at the southwest corner of John McCain Road and Colleyville Boulevard 4. Discussion of the Master Plan Update 5. Staff Comments, Reports and Discussion Items: Planning and Zoning Commission Agenda - March 8, 2004 Page 1 of2 The following items were received on the last case submittal deadline: . Case P-04-012 - Minor Plat of JR's Establishment Addition, 1.97 acres located at 5400 State Highway 121 . Case P-04-013 - Minor Plat of Bransford Estates, 7.55 acres located in the 5700. block of Bransford Road . Case P-04-014 - Preliminary Plat of Warwick Pare, 41.89 acres located at 909 John McCain Road . Case SP-04-004 - Site Plan and Landscape Plan for a Wings 'N More restaurant, located at 5150 State Highway 121 · Case Z-04-015 - Zoning change from R40 to R20 on portions of the proposed Redus Addition, located in the 4500 block of Bill Simmons Road and the 4500 block of Bowman Drive 6. Commissioners' Comments and Reports ADJOURNMENT Posted: Friday, March 5,2004,4:30 p.m. Clayton Husband AICP Development Coordinator Planning and Zoning Commission Agenda - March 8, 2004 Page 2 of 2 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 8, 2004 Z-04-014 - PUBLIC HEARING - Special Use Permit for alcoholic beverage sales for on-premise consumption on 1.97 acres located at 5400 State Highway 121 STAFF REVIEW COMMENTS JR's Establishment is the owner of a 1.97 -acre parcel located on the west side of State Highway 121, north of La Hacienda Ranch. The owner has submitted a request for a Special Use Permit for alcohol sales for on-premise consumption. The owner proposes to construct a restaurant on the site. The owner intends to construct an 8,800 square foot restaurant on the site. The restaurant would feature beef and seafood, a large bar area, and live music. The restaurant would be open for dinner only during the week, and open for lunch and dinner on weekends. A detailed description of the restaurant and associated economic development information is attached. The property in question is currently being used as a baseball field. There are several restaurants in this area of State Highway 121, including La Hacienda Ranch, Railhead and Mac's Steak and Seafood. A Wings 'N More restaurant is proposed at the corner of Gateway Drive. West of the site is Colleyville Heritage High School. A single family residence is located immediately south of the property; however, the property is zoned for commercial use. Distance Requirements from Churches and Public Hospitals. The Colleyville City Code requires that places that serve alcoholic beverages be located at least 300 feet away from church or public hospital. The distance is measured from front door to front door, along the street front property lines. The property satisfies this requirement. Distance Requirements from Schools. The Colleyville City Code and State alcohol laws require a 300-foot distance separation between public and private school property and property where alcoholic beverages are sold. The distance is measured property line to property line. The Colleyville Heritage High School property is located within 300 feet of this property. Due to City Code and State requirements regarding the distance requirement from public schools, the City cannot certify any alcoholic beverage licenses on the property unless the City Council grants a waiver of the distance requirement. The owner has requested a waiver of the requirement. The City Council will consider the waiver request on April 20, 2004, at the same meeting as the second public hearing on the Special Use Permit request. Agenda Item No.1 - Page 1 IMPACT ISSUES 1. Master Plan. The Colleyvil/e Master Plan designates the future use of this area for retail and commercial land uses. This request is consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. The surrounding properties are developed as restaurants and a high school. All the properties in the area are zoned CC2 Shopping Center Commercial. 3. Development Trends. The long-term trend for this area is for commercial development. The property in the area is suitable for that type of development due to the property's location on State Highway 121. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the construction of water and sewer services to the lot and for any water or sewer line extensions to adjacent properties. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the parcel is valued at $773,624. The estimated City property tax revenue for the undeveloped property is $2,687 annually. The future property tax revenue would depend upon the value the building improvements to the property. The applicant indicates that the construction value of the building will exceed $2.3 million. 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. Quality restaurants are expected to generate 90 trips per 1,000 square feet of floor area on a weekday, on average. Based on this average, the proposed restaurant would add 792 vehicle trips per day to the surrounding roadways. Average rates on Saturday are 94 trips per 1,000 square feet of floor area. There are no available traffic counts for this area. 7. Economic Development. The sale of alcoholic beverages by local restaurants has a positive impact on economic development through the distribution of taxes on mixed beverage sales. There are currently 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 Colleyville, available from the Texas Comptroller of Public Accounts, indicates that the following amounts of mixed beverage taxes were distributed to the City. In January 2004, $8,911 was distributed to the City. Mixed Beverage Allocation Historical Summary Year i Amount i 2003 i $33,120 2002 i $29,599 2001 i $26,909 2000 I $20,204 Agenda Item No.1 - Page 2 8. Public Notification. Staff mailed notices to four (4) adjacent property owners regarding this request. Notice was also sent to the City of Grapevine. 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: March 8, 2004 City Council: April 6 and April 20, 2004 RECOMMENDATION Approval ATTACHMENTS · Location and Zoning Map · Information from Applicant · List of Property Owners Notified · Development Review Committee memorandum Prepared by: Agenda Item No.1 - Page 3 UJ I- - CJ) c.9 <( c.. co ~ 0> C .- C o N ~ " o I ~ o I N (~ I ().ya-Jll-~)Il"7'IftlI'M) JnN3hV]1't.l'OrmTIll' I'l:l ......II\HOIH llV!S ;' ., s n 4/ -;r...~- i ; s , :c I I q I -1 f-, 1(. . I'! P: J I I'! . ;.: : I I '. a I l' :"1 II i :.... ill I ~ ~".. ~~~ -J.: C1~5 ; ~,:'.. 1/ ~ ~~~ ~. 1 ~I,f. o~aJ I L .<g, NU L _ =- \~~~~.~ _ -= =-= =-~ ~~~ ~~~ u::l:J::...J U 0 ~ .....w 0 8~~G Za:::~Vl o~w NUo: ~~ ~~ ~;H :s~h~~:j c'" !:a I::.:l,..: ~~~~:~ ~b~ c9 ....~ u ~ .,:t: ~~~...I cu....wg t1~~i3 6~~Vl NG~ t !' 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U ~ ~ ~.i- :8 C)o -I:: UI- ~ ~ ~ ci8 g~ of) ~ >--~~~ NO. ..II.E;I::-4:1- ~~~g!~ji~~ .....~ . J~-~~~H~ roLL - ~: Vl~ :c ~ ~ ..... ~ ao ~ ~ 1= ~ ~ ~~ (90 a: w ~w :3.~ I:II~ Z 0:: r:~ ~u o 2: aw N ~ ~ " I ; s ~ "':" \t(~ {j .. b~~ u:::lj:: . ~z 8~g zo::t3 o~~ NU 1 ; s -~- b~:ii o:::Oj:: . ~z s~e :Z:o::~ o~~ NU ~,. ..;;., \t.:... >: -I" ~'(;~""~f> I .,~ .I Ft-T----- !I -II LI ! . ~ i ~ i ' . . i C f ~ ~ i:! ~ . " ~ . ~ . . ~ !! I ! ~i' his! ! Ue~ ; . I ~m I,il! I~;~~ I i~hi ii :2 i" .~ ~~ ~! .- Ii I: ;.! II ~h :1 ~I' " il~ ~; ;~: I! ~i. ~: ~ ~I-' ~ j' ~ 'I' ~ -- " " JR'S ESTABLISHMENT, LLC Zoning District Change Application Special Use Permit JR'S TEXAS PRIME 5400 State Highway 121 Colleyville, Texas 76034 Statement of Planning Objectives: JR'S TEXAS PRIME will be a unique dining and entertainment experience in the Mid- Cities area. That distinctive status will be achieved by offering a premier menu featuring the best prime-cut beef and fresh seafood available. The cuisine will be served in a plush and sophisticated ambiance. JR'S will also offer a large selection of fine wines from their extensive wine cellar. The dining experience at JR'S will be enhanced by a large active bar area offering a variety of entertainment features. JR'S will open at 4:00 pm Monday through Friday. While waiting for seating, dinner patrons will be entertained with jazz from the piano bar. JR's will also offer "happy hour" specials that include both food and entertainment. There will be live jazz music after 9:00 pm for late night dancing and relaxing or for after dinner entertainment. On Saturday and Sunday, JR'S will open at 11:00 am to offer a lunchlbrunch menu. JR'S will also feature several high definition flat screen televisions in the bar area to attract the weekend sports enthusiasts. The ultimate goal for JR'S Texas Prime restaurant is to become a landmark dining destination. The blend of superb cuisine and excellent musical entertainment showcased in a signature architectural venue is destined to achieve that goal. Combining those assets with great highway visibility and flawless freeway access, JR'S will become a regional destination dining experience, not only in the Mid-Cities and the Metroplex, but for out-of-town visitors, as well. Development Schedule: Construction will begin on JR'S Texas Prime upon receipt of a Building Permit from the City ofColleyville. (late April-early May 2004) Site development and building construction will be completed in late November-2004. JR'S ESTABLISHMENT, LLC Zoning District Change Application Special Use Permit Proposed Ownership: JR'S Establishment, LLC 2004 Stonecourt Dr. Bedford, Texas 76021 Utility Provisions: Electric, Gas and Telephone utilities are currently available to the site. The applicant will construct approximately 500 linear feet of 8" sewer main to the site with one-4' diameter manhole. These utility improvements will be dedicated to the City of Colleyville. Water and Fire Protection will be available from the 8" water main on the east property boundary from the City of Grapevine. Economic Development Information: Sales Revenue Total Building Square Footage 8,816 sq. ft. Annual Revenue per Square Foot $ 453.00 Total Annual Estimated Sales Revenue. $ 4,000,000.00 .Estimated Sales Revenue Breakdown Annual Food.and Beverage Sales Annual Liquor Sales $ 2,500,000.00 $ 1,500,000.00 $ 330,000.00 Sales Tax Revenue @ 8.25% Ad Valorum Taxes Building and Land Valuation Furniture Fixtures and Equipment Valuation $ 2,060,000.00 $ 260,000.00 Total Valuation $ 2,320,000.00 Tax Rate @ .3474 % per $ 100.00 of Valuation = $ 8,025.00 per Year March I, 2004 City of Colleyville Planning and Zoning Department 100 Main Street Colleyville, Texas 76034 Attn: Clayton Husband, AICP Development Coordinator Re: JR'S TEXAS PRIME Z-04-014 SUP 4 Alcoholic Beverage Sales 5400 State Hwy 121 Colleyville, Texas 76034 Dear Mr. Husband: This letter is to request a waiver of the 300 foot distance requirement between public and private school property and property where alcoholic beverages are sold. This waiver is requested due to the nature of the business and the hours of operation. The revenue generated from the business of JR'S Texas Prime will be approximately two-thirds to tl1ree-quarters food related sales and one-third to one-quarter in alcoholic beverage sales. JR'S is primarily a food service establishment with alcoholic beverage sales as a complement to that business focus. JR'S Texas Prime will not be open for business during school hours. The hours of operation will be from 4:00 p.rn. to 2:00 a.m. Monday through Friday. Weekend hours will be from 11:00 a.m. to 2:00 a.m. There will be no exterior signage indicating the availability or sales of alcoholic beverages. There will also be no exterior signage referring to "bar" or "tavern" or any other similar name that would imply the sale of alcoholic beverages. Sincerely, Johnny Ragland dba JR'S Establishment, LLC ~ l" J:::;J z ~ '" B ~ z = o ~ . ~,- I I ~u dll u. I ~;i up 1111 1:11 I (:) ~ ! IIII i~: I. t;; _ ~ .,c( " '" J I~ ~-. 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I: II P::; -' ... . :: III ~.~c~ce, _I:='~ .a 8 j 1111. i . -''', -~"'I~_--------'--'-=''"'C'''''-'='~'c.=-._"~''--''.c..-,-,,-'~'_-==,-;",,"",,-,d-,--~~=.-,-,,, ~u "liB ~ !il !a "p ~ liB i :11 L ~~ If -.------, .. .., I , L___._ .. .. ~~ ~ ~~ =- ~ ~ 1 -- I ~Ir------ H' -- 11-- ~ ,II ~ I i ~ ~ - -... .. -,,-- --,.. L__ _ ._ C--~-_'__'___~____--.J .., ~~ /.------------- I "\ , , ,,~, /\~ I '~~~ ///0',~~ I ~ i~: .,.:( ~ L!" ~ lhi . . . .. .. , , ., .., , , , , , I I I I I I I I I I I , .. I , I , I , .. I L___J , , I I , , , .. .. .. - -- .., ,_J , , ! , , , , , I , , , , , , , I I , , , .nil Z-04-014 Grapevine Colleyville ISO 5401 Heritage Avenue Colleyville TX 76034 Dorcus 0 Newell 4612 Highway 121 Colleyville TX 76034 JNS Land Family Ltd Partnership 6407 Colleyville Boulevard Suite B Colleyville TX 76034 121 Comprades Ltd. 7148 Tokalon Drive Dallas TX 75214 City of Grapevine Planning and Zoning Commission 200 S Main St Grapevine TX 76051 Case Z-04-014. Notices dated February 17, 2004. /\'ccording to the last published tax rolls, individuals who own property that is within 500 feet of the proposed zoning change or special use permit request are listed above. I certify that the parties listed above have been notified of the proposed zoning ~hange or special use permit request as required by the Texas Local Government Code and the Colleyville Land Development Code. Clayton Husband AICP CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO February 26, 2004 JR's Establishment 817-684-9727 Titan Field Joint Venture ~ 817-571-6786 FROM Clayton Husband, AICP, Development Coordinator SUBJECT Z-04-014 SUP for Alcoholic Beverage Sales - 5400 State Highway 121 The Colleyville Development Review Committee (DRC) has reviewed your Special Use Permit request submitted to this office. The following comments are for your consideration. ZONING EXHIBIT DRAWING 1. No changes are required to the drawing. ALCOHOLIC BEVERAGE REGULATIONS 1. The Colleyville City Code and State alcohol laws provide for a 300 foot distance requirement between public and private school property and property where alcoholic beverages are sold. The distance is measured property line to property line. This property is adjacent to Colleyville Heritage High School. The City cannot certifY any alcoholic beverage licenses on this property unless the City Council approves a waiver of the distance requirements. The applicant must submit a separate letter requesting this waiver. and the reQuest will be placed on the City Council agenda for consideration at the same time as the special use pennit. 2. Chapter 6 of the Colleyville City Code regulates alcoholic beverages in general. It is recommended that the applicant review this chapter, especially as it relates to business licenses and pennits. A copy of these regulations is attached for your reference. 3. If the Council approves the special use pennit and waiver of the distance requirement, the owner must still apply for an alcoholic beverage license from the Texas Alcoholic Beverage Commission. Questions about licensing procedures may be directed to the T ABC at 817-451- 9466. 100 Main Street- Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-04-014JR'S ESTABLISHMENT OTHER INFORMATION 1. At the time of building construction, water line extensions and fire hydrant installations will be required on the site. There may. be other utility improvements necessary at that time. More infonnation will be provided at the time of site plan and landscape plan review. 2. Approval of a site plan and landscape plan is required before a building pennit can be issued for the site. The site plan review includes review of the site layout, landscape plan, all building elevations, and site civil construction plans. The initial review process takes approximately 14 days. The application fee is $500. Please contact the Community Development offices at 817-503-1050 for infonnation on this process. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, March 8, 2004, 7:00 p.m. Tuesday, April 6 and April 20, 2004, 7:30 p.m. RESUBMITT AL REQUIREMENTS Please submit the following to our offices: . a letter requesting a waiver of the distance requirements from public schools Please contact me at 817-503-1054 or husbandc@.ci.collevville.tx.us if you have any questions. I c: DEVElOPMENT REVIEW COMMITTEE PAGE 2 OF 2 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 8, 2004 Z-04-013 - TABLED ITEM - Zoning Change from AG Agricultural to R20 Single Family Residential on 9.8 acres located at 600 Shelton Drive UPDATE The Planning and Zoning Commission tabled this item at the February 23, 2004, meeting to allow the developer time to respond to comments generated by area property owners during the public hearing. The developer has not submitted any additional information. However, staff met with the developer on March 3, 2004, and he stated he is considering filing an amended application on the property. If this occurs, staff will notify surrounding property owners and schedule a new hearing before the Planning and Zoning Commission on the revised request. The following is a summary of two other issues discussed at the meeting. Lot Size and Dimensions of Surrounding Lots. There were questions concerning the lots in the surrounding area, and whether those lots are consistent with their respective zoning categories relative to lot size and dimensions. Staff reviewed the lots and/or parcels on Hunter Lane, Shelton Drive, and the north side of Beverly Drive. Many of the lots are platted lots, and are considered lots of record. The unplatted tracts were not evaluated to determine lot of record status. An exhibit is attached showing the area studied. A color exhibit will be presented at the meeting. There are 15 lots on Hunter Lane, which are zoned AG, R40, R30 or R20. Of the 15 lots, six of the lots are smaller and narrower than required by the respective zoning district. One lot does not have the required frontage on the street, and one other lot does not have the required lot area. Seven of the lots are consistent with the respective zoning district. The parcels of land located on Shelton Drive west of the subject site are zoned AG, and all meet the lot ar.ea requirements of the AG district. However, the parcels are not consistent with the lot width requirements. The lots on the south side of Shelton Drive are zoned R40 and are consistent with the R40 district standards. Water and Sewer. At the meeting, the Commission requested information on the availability of water and sewer utilities in the area. Both water and sewer are available adjacent to Shelton Drive and Hunter Lane. Upon development of the property, the water line would be required to be looped into an existing water line, such as the one in Hunter Lane. Sanitary sewer mains would tie into the existing main line in Shelton Drive. Agenda Item No.2 - Page 1 STAFF REVIEW COMMENTS - 02/23/04 Pete Cline, with Talisman Homes, is the potential developer of a 9.8-acre parcel located on the north side of Shelton Drive, between Bransford Road and Pleasant Run Road. The applicant 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 subdivide the property into lots for the construction of new single family residences. The 9.8-acre tract of land has approximately 350 feet of frontage on Shelton Drive. The tract is over 1,000 feet in depth, extending to the railroad right-of-way on its north boundary. There is an existing house and several accessory buildings on the property. The applicant submitted a zoning exhibit showing how the property could be subdivided based on the proposed R20 zoning category. The exhibit shows one street entrance on Shelton Drive and 17 single family lots. The proposed layout has two subdivision design issues that would need to be addressed at the time of platting. These issues include the number of lots with one entrance and the length of the cui de sac street. These two issues are further explained in the Development Review Committee memorandum, which is attached. The surrounding property is generally developed as single family residences on half- acre or larger tracts. The properties to the east, which are located on Hunter Lane, are zoned R30 and R40, and they are developed as single family residences. The properties to the south, across Shelton Drive, are zoned R40 and are developed as single family residences on one-acre or larger tracts. Properties to the west are zoned AG, and are also developed as large acreage tracts with residences. The properties north of the tract, across the railroad right-of-way, are zoned R30, RE and AG and are developed as a single family residences. The general area around the subject property consists of single family residences, most of which are located on lots larger than one-half acre. This area includes the property bounded by Bransford Road, Beverly Drive, Pleasant Run Road, and the railroad right- of-way. This area contains approximately 101 acres of land and 64 individual parcels, of which all but two contain a single family residence. The resulting density is 0.63 dwelling units per acre. The average lot size in this area is 1.58 acres. Properties that front on Hunter Lane have an average lot size of 0.98 acres. 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. The density of the proposed development is 1.73 dwelling units per acre. 2. Surrounding Properties. Most of the surrounding properties are developed as single-family residences on acreage tracts. Agenda Item No.2 - Page 2 3. Development Trends. The long-term trend for this area is for single-family development. The property in the area is 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. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the parcel is valued at $96,096. The estimated City property tax revenue for the undeveloped property is $333 annually. A portion of the property has an Agricultural exemption from Tarrant County. 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. Based on this average, the 17 proposed residences would add 163 vehicle trips per day to the surrounding roadways. Shelton Drive is classified as a Minor Collector on the Master Thoroughfare Plan. There are no available traffic counts for this area. 7. Public Notification. Staff mailed notices to 17 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. Six letters in opposition to the request have been submitted. copies of the letters are attached. A petition in opposition. with 43 siQnatures, was also submitted. and a COpy of the petition is attached. SUMMARY The proposed zoning change is consistent with the Land Use Plan, which designates this area as a future single family area. The recommendation for approval is based on this issue. Given the existing density of lots in the area, the proposed development may be incompatible with the surrounding existing development in the area. However, the opportunity for subdivision development similar to the proposed development could exist along the north side of Shelton Drive as those properties are similar in character. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: February 23, 2004; March 8, 2004 City Council: April 6 and April 20, 2004 Agenda Item No.2 - Page 3 RECOMMENDATION Approval ATTACHMENTS · Exhibit Showing Surrounding Lots · Location and Zoning Map · Zoning Exhibit · List of Property Owners Notified · Development Review Committee memorandum · Correspondence Prepared by: "C,.~~ Development Coordinator Agenda Item No.2 - Page 4 Exhibit Showing Surrounding Lots And Their Inconsistency With Zoning Designation I \.________11 i . ~"-- ---1 \ ! ~I I ! II I il \ _I \'1' i ',... .', .:.. ! I , ,:,:" : I,: ":' '.L___ L_L._- ,,---..-----'T---rSHrHqN-Drr-- - ,'" --T \ I I I I I i I \ i' Iii ,_! \ I__L .J___+-I \ \---T-'\ -~T\ I r , ! I! , ! ! I I I \ \ .J -L." ..__J. ..____.._L-~..._.L...~ I ' -\ '^--~_......-<:'~_..-._--_.---.. . \ , \ \ \ \ I I i ,;/ . . .. ... .. .. , ' ... .. . .' . .. . . . . . . . . . ... ... ... ... . ......, . .... . .. . .... . . . .. .. . .. . .. ... . ... . .' .... 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BE~ 10 "'I"!. ~~~ I ;; ,1 "!al ;; " 30< ~ u~ .-- l~ ~~ ~ ; . " ifl1l ~h .s-~ lh g,~: . . . c.._~;:s ~ t-L> ]j~ jl-/l ~,~ ->. ~:l.r> a ~""'~ cU N':;::: jE-<~ r-S& ~ oQ t ~Q ~ a ~~~, ~ e~fj;~~ i <> ~ ~~ I ~ ~ '""10 a ... i ~~! ..~ ) -~. ~~, ~~~ I "~. "2 " ~ u I; .. "I) ~~E.l I ~~~I s~t1 "0' u~ _ u Bjt~ ~~MIo ~~ia I "'g~ .,-ro ....- ............ - -.- . ! ;1 i I~ I r , " ~~ gl~ " t:;l:~ II ~6~ I "~.. ~j:t ~ i ~ B Z-04-013 Combs, Bobby J Etux Christine 6106 Hunter Ln Colleyville TX 76034 Darrow, Kenneth R Etux Cheryl PO Box 1806 Colleyville TX 76034 Doody, Kevin Etux Kathy 1701 Park Place Ave Bedford TX 76022 Henslee, James D PO Box 863 Colleyville TX 76034 Lothrop, William & Beverly 607 Shelton Dr Colleyville TX 76034 Lothrop, William D & Beverly L 309 Shelton Dr :::olleyville TX 76034 Love, Kevin D Etux Margaret M 6000 Hunter Ln Colleyville TX 76034 Madden, C L III Etux Ruth Ann 6112 Hunter Ln Colleyville TX 76034 Pan no, Stacy L 3110 Hunter Ln :::olleyville TX 76034 Perkins, Timothy B 12208 Maplewood Dr Keller TX 76248 Pine, James W 5918 Hunter Ln Colleyville TX 76034 :luinn, Garry L Etux Helen J 511 Shelton Dr :::olleyville TX 76034 Ray, Albert G PO Box 475 Colleyville TX 76034 Rettig, Mary K Etvir Howard A PO Box 17 Colleyville TX 76034 vanderpool, Jeffrey Etux There 301 Shelton Dr :::olleyville TX 76034 Young, Bradley A Etux Beverly 6100 Hunter Ln Colleyville TX 76034 Billy & Dinah Stephens 612 Shelton Drive Colleyville TX 76034 ::;ase Z-04-013. Notices dated February 6,2004. I\ccording to the last published tax rolls, individuals who own property that is within 200 feet of the proposed zoning change or 5pecial use permit request are listed above. I certify that the parties listed above have been notified of the proposed zoning :hange or special use permit request as required by the Texas Local Government Code and the Colleyville Land Development :::ode. :::Iayton Husband AICP CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE February 11,2004 817-442-4832 ~ David Myers 817-282-0401 FAX TO FAX NO Pete Cline FROM Clayton Husband, AICP, Development Coordinator SUBJECT Z-04-013 AG to R20 - Chism Court (600 Shelton Drive) The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. ZONING EXHIBIT DRAWING I. No changes are required to the drawing. However, changes may be necessary due to subdivision design requirements. Additional information is provided below. GENERAL ZONING/SUBDIVISION INFORMATION The following information is provided to make you aware of development requirements that may affect the future construction on the site. The requirements cited are based on the proposed R20 zoning classification. These criteria will be reviewed upon submittal of a subdivision plat. I. The preliminary plat and final plat must be approved by the City before construction may begin on the site. 2. NUMBER OF SUBDIVISION ENTRANCES. Since the subdivision contains more than 12 single family lots, either a second entrance to the subdivision is required or other design requirements must be addressed. Attached to this memorandum is a copy of the applicable section of the Land Development Code that addresses these requirements. 3. LENGTH OF CUL DE SAC. For all cui de sacs that exceed 600 feet in length, the Land Development Code requires that the right-of-way for the street be increased to 56 feet in width and the width of the street be increased to 36 feet, back-to-back of curb. 4. RIGHT-OF-WAY DEDICATION. Shelton Drive is classified as a Minor Collector on the Master Thoroughfare Plan. A Major Collector requires a right-of-way width of 75 feet. When the subdivision plat of the property is submitted, right-of-way dedication may be required along Shelton Drive. 100 Main Street- Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-04-013 CHISM COURT 5. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since Shelton Drive is considered an unimproved street. As part of the subdivision plat and construction process, the developer is required to construct one-half of the streets or provide an equivalent amount of cash escrow for future improvement by the City. 6. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. Since one new vacant lot is being created by this plat, the payment of parkland dedication fees is required for this development. The fee for single-family residential development is $1,802 per new lot. 7. SIDEWALKS. The Land Development Code requires sidewalks on Shelton Drive and the interior streets. The sidewalk on Shelton Drive must be constructed as part of the public improvements to the property, and must be five (5) feet in width. The sidewalks on the interior streets must be constructed at the same time any new structures are built on the lots, and must be four (4) feet in width. 8. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building pennit is issued for a new structure on the lot. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific plans for construction or conditions contained in a City- Developer Agreement, if applicable. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. The actual fee depends on specific use of the property. Details are available in Chapter 13 of the Land Development Code. $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, February 23, 2004, 7:00 p.m. Tuesday, March 16 and April 6, 2004, 7:30 p.m. RESUBMITT AL REQUIREMENTS None. Please contact me at 817-503-1054 or husbandc@ci.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE20F3 DEVELOPMENT REVIEW COMMITTEE Z-04-013 CHISM COURT ATTACHMENT 11. Number of Subdivision Entrvwavs - Every subdivision shall be designed to provide sufficient access into the development to accommodate anticipated traffic demands and to provide for emergency public services using the criteria contained in this Section. lOrd. 0-01-1280/01HJ1HJ1) a. Where a proposed subdivision, or cul-de-sac street, contains more than twelve (12) lots, the development shall provide for two entryways as follows: i. The development shall provide one street entryway and one emergency access easement. The emergency access easement shall be located on an adjacent or opposite side of the subdivision from the main entryway. The widths of the right-of-way and driving surfaces of the street entryway and the emergency access easement shall be in accordance with the standards contained elsewhere in this Land Development Code, or ii. The development shall provide two street entryways separated not less than one- hundred (100) feet between the centerlines of the driving surfaces. The widths of the right-of-way and driving surfaces of the two entryways shall be in accordance with the standards contained elsewhere in this Land Development Code, or iii. The development shall provide a divided entryway and one emergency access easement. The driving surfaces of the divided entryway shall be separated by a median not less than ten (10) feet in width and provide for one-way traffic. The widths of the right-of-way and driving surfaces of the divided entryway shall be in accordance with the standards contained elsewhere in this Land Development Code. The emergency access easement shall be located on an adjacent or opposite side of the subdivision from the main entryway and be constructed in accordance with the standards contained elsewhere in this Land Development Code. b. If it is physically impractical or otherwise impossible to provide two entryways or to incorporate an emergency access easement into the development in accordance with the above stated requirements, the following alternative may be considered by the approving body: i. A single pavement width of forty-one (41) feet shall be constructed. Said pavement shall extend back from the intersecting street right-of-way a minimum distance of one-hundred (100') feet. All residences within the subdivision shall contain automatic fire-sprinkler systems. c. If it is physically impractical or otherwise impossible to comply with the above-stated requirements, an alternative design may be submitted to the City for consideration. The approving body may approve the alternate design if it finds that the above-stated requirements cannot be satisfied and that all efforts have been made by the developer to comply with said requirements. PAGE 3 OF 3 February 16, 2004 6112 Hunter Lane Colleyville, Texas 76034 City ofColleyville: Re: Case Number: Z-04-013 This letter is in reference to the request by Pete Cline, Talisman Homes, for a zoning change from AG Agricultural to R20 Single Family Residential. We are opposed to the zoning change for the following reasons: 1. appears to be a major drainage problem effecting my property 2. all surrounding property that has been zoned recently has been required to be R30 3. this section ofColleyville has remained rural and we would like for it to continue to be rural Sincerely, C.L. Madden. III Ruth Ann Madden 'RECEIVED" , FEB 1 8 2004 CITY OF COLLEYVlllE BY CO~MU~_ITY DEVELOPMENT 11:1 39\1d February 18,2004 City of Colleyville We want to express our opinion about the plans for Lee Roy Chism's 10 acres of property at 600 Shelton Drive and the proposed plot plan submitted by the new developer, a home builder from SQulhlake, to the city. We moved to this area of Colleyv ille in 1991 for the open spaces and rural atmosphere our neighborhood provide~, OUf home site is on 1.26 acres whir;b is the approximate size of our neighbor's. We enjoy the open spaces and the lack of gated and fenced subdivisions in our neighborhood. This area of Colleyville is the drawing card of many who move to our great city. The citizens of CoUeyville appreciate the balance of rural areas in our city und I believe they would oppose the proposal also. Ideally Mr. Chism's beautiful property would remain whole; however reality is it may not. The current proposal that is up for a review and approval is a very dense R-20 development. The proposal is for 17 lots on 9.81 acres which is less than it ~ acre in size each-our entire street, both sides of Shelton Drive only has 18 homes! Sadly if this historic piece of property will be developed, does it have to be in such a manner that is so dense and full of r;(mcrete, roof tops, llI1d fences? There will also be an effect on other issues: . DrainClge . Curbs and gutters . Lighting . Traffic I understand the City's desire and need for a larger tax base but couldn't the builder relax the density to R-40 at 40.000 square foot minimum lots to allow for 1 acre home sites equal to the surmun' area and satisfy the city need and the neighborhood? /--/ Regards, '1 ~ ' -" - Bill Lothrop . 1 ~ Beverly Lothr~ G~~._ -. 609 Shelton Dnve - -. ,of llkcf Colleyville, Texas 76034 817-498-9572 hm 817-410-1161 wk RECEIVED [ FEB 1 ~zoo~. ] CITY OF COLLEYVILLE BY COMMUNITY DEVELOPMENT 38~dnSNI dO~lOl EGL6 t<:t>L 18 99:B1 ~BBG/8t/GB REZONING REQUEST AT SHELTON DRIVE February 18,2004 Planning and Zoning Commission City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: Case Number: Z-04-013 With reference to the request by Pete Cline, Talisman Homes, for a zoning change from Agricultural to R20 Single Family Residential. We are opposed to the zoning change for the following reasons: 1. The surrounding properties are, for the most part, AG or R 40. 2. The close proximity of this development to our home is very disturbing, and the noise and dirt this will create makes us wonder if we can continue to live here. 3. Many residents have had and continue to experience drainage and sewer problems. The addition of this many homes will certainly add to this problem. 4. We chose this location because of the rural atmosphere, the presence of horses, cattle, goats etc. We were hoping to build a new home on our land, but are now having serious reservations. 5. The traffic is heavy enough now, as Shelton is used by a number of vehicles, as a "cut tbru" . Our street can't support the addition of many more homes, with 2 or more vehicles per household. Sincerely, p~ ~~ Jim Henslee Norma Henslee 608 Shelton Dr. Colleyville, Texas 76034 EF~~8~~ED CITY OF COLLEYVlLLE BY COMMUNITY DEVELOPMENT Jack & Madelyn Norville 701 Shelton Dr Colleyville, TX 76034-3109 ECEIVED fEB 1 82004 February 16, 2004 PLANNING AND ZONING COMMISSION City of Colleyville 100 Main St CoUeyville, TX 76034 CITY OF COLLEYVILLE I BY COMMUNITY DEVELOPMENT Re: Case # Z-04-0 13 Zoning Change Dear Sirs: I want to voice my concerns about the zoning change for RZO Single Family Residential on 9.8 acres on Shelton Dr. Reviewing the plans, this would put 18 homes in this area. This is as many as we presently have on the entire street. I object to having the small lots and the area being enclosed, taking away the openness of the area. The other major concern is the drainage/run off from this area which would affect the properties east of it. I would be in favor of having this area zoned for R40 and not having it enclosed by a wall and gate. Most ofthe homes on Shelton Dr are on an acre +. Sincerely, ~ Jack Norville Madelyn Norville ~~~~ " 612 Shelton Drive Colleyville, Texas 76034 February 15, 2004 Planning and Zoning Commission City of Colleyville 100 Main Street Colleyville, TX 76034 Re: Rezoning Request at Shelton Drive With reference to the zoning change request at Shelton Drive, while we would prefer this land be kept as agricultural land, we realize that it is inevitable that this site will eventually be rezoned for residential use. We feel very strongly, however, that it should be kept, at a minimum, as R40. This neighborhood is one ofColleyville's oldest and the historic Webb House is located at the west end of Shelton. The street still retains its rural look and feel with horses, cows, goats and chickens in the immediate area, and to build 17 houses on the property will completely change the atmosphere of the neighborhood and double the number ofhouses. Most of our neighbors specifically chose to live in this area because of the rural feel and the open spaces. It is one ofthe few remaining areas where wildlife can still be seen and is still welcome. To build 17 houses will increase traffic and possibly cause response time delays for the Colleyville Fire Department, as Shelton is a cross street of preference of the firefighters stationed at the McDonwell School Road fire house. We also believe that to build that number of houses would cause drainage problems along Hunter and negate the drainage work done by the City several years ago to solve an existing problem. Finally, the City logo reflects the rural nature ofColleyville, and we feel that this neighborhood should remain that way. Very truly y ~ J() d / .L~L- Bi1f&Dhum Stephens EC"EIVED'.. ~EB 1 82004 CITY OF COLLEYVILLE BY COMMUNITY DEVELOPMENT TERI LYNNE WORKMAN Certified Shorthand Reporter P.O. Box 1463 Colleyville, Texas 76034 February 18,2004 Planning and Zoning Commission City of Colleyville 100 Main Street Colleyville, Texas 76034 'RECEIVED I ~ F~B ~!1004J CITY OF COllEYVlllE BY COMMUNITY DEVElOPMENT Case Number: Z-04-013 To Whom It May Concern: I would like to express my concerns regarding the request by Pete Cline, Talisman Homes, for a zoning change from AG Agricultural to R20 Single Family Residential on 9.8 acres located on the north side of Shelton Drive, west of Hunter Lane. I live on Hunter Lane. I moved to Colleyville during the summer of 1991, just prior to my son starting the 1 st grade. As a single mother of two small children, the decision rested solely upon my shoulders to find a suitable location to raise and educate my children. After months of research, I chose Colleyville. I found an excellent school district and a cozy log home in a country-like setting. How perfect is that? The changes, however, that have occurred over the less than three years since I moved here have soiled my vision of what I thought I was providing for my family. My house payment, which I managed to get within $50.00 of my prior monthly payment, soon increased by 500/0, $500.00 a month, as a direct result ofan increase in taxes, not principal and interest. This payment was out of my budget, but there was nothing I could do about it. Within months of moving in, a reclusive and territorial neighbor erected an ugly goat- wire fence directly on the line dividing our properties, literally cutting my driveway in half at one point and causing me to dig up a wall of landscaping that covered the entire north side of my house, just to be able to park in my garage. Access to the rear of my property is restricted, and my propane tank has to be filled from the other neighbor's driveway. Let's hope there's never a fire in my back yard. I've had two flat tires from squeezing through what space is left. I guess I should say "almost" squeezing through. Although the neighbor who erected the fence has since passed away, there's nothing I can do about it. My children and I love to pitch the tent and camp out behind the bam/garage. That, however, has changed as well. The Congregation Beth Israel is erecting a temple directly behind my property. Won't that be a lovely sight to add as we admire the beautiful sunrises we've come to cherish, and I'm sure the parking lot will reflect the moon nicely as we camp. Nothing I can do about it. There is, however, something I can do about the issue at hand. I finally have a voice in what's going on around me, and I intend to express it. Not only does the proposed housing addition not conform to the existing neighborhood, aesthetically and technically, but Shelton is not an adequate enough thoroughfare to support the additional traffic flow. The intersection of Shelton and Pleasant Run is tricky enough to maneuver with the current number of frequent travelers, much less adding potentially 30 more cars at peak times of the day. I've seen tires blown out and a skid steer dumped off of a trailer, into the ditch, because there's inadequate space to turn from Pleasant Run onto Shelton if a car on Shelton doesn't stop exactly on the white line. It's routine for cars on Shelton to have to back up in order to make the accommodation. Where will they go with cars stacked up behind them? With the additional traffic on Shelton, a tricky intersection would become a nightmare. I also feel that this proposed addition is an encroachment on the longstanding residents of Colleyville whose properties abut the 9.8 acres in question. These people have lived here for many, many years and do not welcome such a change. Many are, or will soon be, empty-nesters with no intentions of making another change of residence. I'm a relative newcomer and do not welcome further change. I moved into an established neighborhood with a rural feel because this is what I like. I want to look forward to many years in Colleyville, but I find myself counting the years until my children have finished middle school and I'll move. I had intended on planting roots. Please listen to and consider your current Colleyville residents. There's a warmth and charm to this part ofthe City ofColleyville, and we don't want to lose that. I strongly urge you to deny the request by Mr. Cline and allow us to retain our little slice of the country. Please help us hang on to what we love about Colleyville. Very truly yours, T~ew~ V- ~ Opposing The Rezoning Of 600 Shelton Drive From AG To RlO _._~E''' fEe 18 Z004 D CITY OF COLLEYVILLE BY COMMUNITY DEVELOPMENT The neighborhood surrounding the proposed property located at 600 Shelton Drive, Colleyville, Texas would like to express their concerns regarding the proposed zoning change from AG Agriculture to R20 Single Family Residential. The neighbors of this property believe that the proposed R20 Single Family Residential is not in the best interest of the neighborhood or Colleyville for the following reasons: ~ Density-R20 Family Residential would be a tremendous increase in density for this neighborhood. The number of homes proposed is one less than the entire number of homes located on Shelton Drive ~ Loss of Rural Appealing Atmosphere ofColleyville-the entire street of Shelton Drive, and the next streets over (Beverly Drive and LD Lockett) have home sites on lots over an acre and are zoned R40 ~ Drainage-Shelton Drive and Hunter Trail currently have a serious water run off drainage problem with the addition of these homes the problem would increase greatly and impact the homes down hill from the proposed developement ~ Fence-the current zoning ofR40 allows for open spaces, fencing in of the proposed development would negatively impact the rural atmosphere of this area ofColleyville ~ Water-is the available supply line sufficient enough to sustain pressure to current homes ~ Sewer-is the current system in place sufficient to service the new homes and sustain the current homes ~ Lighting-the addition of street lights and lighting of the exterior of the 17 homes would distract from the rural atmosphere ~ Location of Development Entrance-current proposal directs the traffic headlights into current home across from entrance ~ Increase Traffic-can-the current street support the increase in traffic flow Our first desire would be to keep the Chism Tract as it is. Weare urging the Planning and Zoning Commission to consider rezoning the property R40 instead of the proposed R20. This petition is supported by the citizens of Colleyville whom appear on the following attachment: February 17,2004 57/ S/le/J-"tJ./)A in) f7t'//tjt(J'J' ~ 5;11~. 817-6~!-t.lc;JJ$> ~II:L M-~~ /;1- btJo~cJ/6 r co 11 ~ ~~ ~ 't -:; I <i/J- i9~ - 7(;,.37 6 12 jh e{Iz)1 lJr; H2- 8 {T - Lf7 3-Jb3-' ;1/]-:A.'l1 -'J.'jJ/ EJ/7~ ~8-- 37-1'g phi, I\Q..- df 4? i D <g j-hu~.+er LLll\.~ }-hA. ~ 4 e r Ls.. I\. e...- 2'/1- 5'5/- 27~7 ~ 11 L.ICj't; 3-7Ljg g 17 '1qg? '')?1-f8 2,: '7 -' '12[- 62..2./ February 18,2004 ECElvE-i BY COMMUNITY DEVELOPMENT To Whom It May Concern: This letter is in reference to the request by Pete Cline, Talisman Homes, for a zoning change for the land off Shelton between Hunter Land and the railroad track. We are opposed to the change from AG Agricultural to R20 Single Family Residential because all of the surrounding property that has been zoned recently has had an R30 requirement. We built our house here because of the country feel that this area offered. We feel that a change to R20 would take away from that. d~ Tom and tacy Panno 6110 Hunter Lane Colleyville .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 8, 2004 Z-04-011 - TABLED ITEM - Zoning Change from CC2 Shopping Center Commercial to PUD-C Planned Unit Development Commercial on 15.10 acres located at the southwest corner of John McCain Road and Colleyville Boulevard UPDATE The Planning and Zoning Commission tabled this item at the February 9, 2004, meeting to allow the developer time to respond to comments from the Commission. Additional information will be provided from .the developer at the meeting. The following is a general summary of the comments mentioned at the meeting. Driveway on John McCain Road. There was discussion about the proposed driveway on John McCain Road, and whether the driveway could be eliminated from the project as part of the PUD approval. On November 16, 1999, the City Council approved Resolution R-99-1569, which provided for the acquisition of right-of-way for the John McCain Road intersection improvement. As a condition of the right-of-way dedication, curb cuts on both sides of the new portion of John McCain Road, and at least a 40-foot wide traffic median opening were approved. Since the driveway opening is a condition of the acquisition of the property, the driveway cannot be eliminated as part of the PUD approval. A copy of this resolution is attached. Phasing of On-Site Infrastructure. There were questions at the last meeting about how much of the on-site improvements would be built during the initial construction phase of the project. Staff met with the developer to discuss the phasing of the infrastructure that will be built on site. The developer indicated that all driving areas, fire lanes and drive entrances will be constructed as part of the first phase of the project. Individual parking lot areas would be constructed at the time the adjacent buildings are constructed. land Uses. The Commission requested the developer to provide a specific list of land uses proposed for the project. Attached is a letter from the developer, which lists 39 proposed permitted uses and 9 excluded uses. Preliminary Drainage Analysis. The Commission asked for more information about the drainage plans for the project. The developer's engineer provided a drainage exhibit showing the existing creek location and how the detention ponds will flow into the creek. The existing creek is located adjacent to the railroad right-of-way, and crosses under the new portion of John McCain Road through several box culverts. The creek eventually connects to Big Bear Creek. Additional information is included in the attached letter and drainage exhibit. Agenda Item No.3 - Page 1 STAFF REVIEW COMMENTS - 02/09/04 Pecan Creek Village Center Partners lLC is the owner and developer of 15.10 acres located at the southwest corner of Colleyville Boulevard and John McCain Road. The owner has submitted a request to change the zoning on the property from CC2 Shopping Center Commercial to PUD-C Planned Unit Development Commercial. The property is proposed to be developed as a retail center. The proposed development is a mixed-use facility for restaurant, retail, office and commercial uses. The owner proposes to construct approximately 40,000 square feet of building area for neighborhood retail and office uses in the rear portion of the property. Along the frontage on Colleyville Boulevard, three pad sites are proposed for retail and restaurant users. Near the corner with John McCain Road, a pad site is proposed that would include a Shell convenience store with gasoline sales, and a Great American retail store and automotive service facility. The buildings would be constructed of natural stone and brick. In addition to integrated parking and landscaped areas, a tree preservation area is proposed along Pecan Creek at the rear of the property. Additional information from the applicant is attached. City staff has been working with the applicant on this development proposal for over a year. The applicant is requesting a planned unit development in order to coordinate development on the entire site. Several of the proposed uses could be considered separately with special use permits; however, the planned unit development district provides a more comprehensive regulatory tool that establishes requirements for the entire development rather than specific sites. The PUD-C district also allows the Planning and Zoning Commission and City Council to adopt specific requirements for this property that may include special conditions to minimize or enhance the effect of the development on adjacent properties. A draft copy of the rezoning ordinance for this property is attached, which is based on the applicant's proposal. The surrounding property is commercial in nature. Properties to the north are zoned ML and are developed as industrial type land use. These properties are located on John McCain Road adjacent to the railroad right-of-way. Property to the east and south is zoned CC2 and is presently undeveloped. The properties to the east, across Colleyville Boulevard, are zoned CC1 and AG, and are mostly undeveloped with the exception of two single family residences. The Master Plan indicates that properties along Colleyville Boulevard are anticipated to be developed for commercial uses in the future. Below is a summary of the major items included in the draft zoning ordinance for this property. Land Uses. The proposed ordinance would allow by right those uses contained in the CC1 Village Retail zoning district. In addition, the following uses would be allowed by right within the planned unit development: one convenience store with gasoline sales, one tire and automobile service center, restaurants with drive-through windows, and day care centers. Agenda Item No.3 - Page 2 Alcoholic Beverage Sales. The draft ordinance includes approval of a Special Use Permit for alcoholic beverage sales for both on-premise and off-premise consumption. On-premise consumption is allowed in conjunction with restaurant uses. Off-premise consumption is allowed for grocery stores, convenience stores, specialty wine shops and gourmet food stores. landscaping. The proposed layout appears to meet the general requirements of the landscaping regulations. A detailed analysis of these requirements will be made at the time site plans and building permits are submitted for review. The property provides a 20-foot landscape buffer area adjacent to Colleyville Boulevard. Sidewalks and Trails. The Land Development Code requires sidewalks along all streets. Tree Preservation. The Planning and Zoning Commission approved a tree mitigation plan for this property on September 8, 2003. This property is subject to this plan, and the ordinance states that requirement. Drive Entrances. The proposed plan shows three drive entrances on Colleyville Boulevard. The applicant has had discussions with TXDOT regarding the number and location of the entrances. There is one drive entrance shown on John McCain Road. This entrance lines up with a future median break on John McCain Road, and TXDOT will construct a portion of the drive approach as part of the road construction project. Building Design. The proposed ordinance requires that buildings meet the design standards of the CC1 Village Retail zoning district. In addition, requirements are included to provide for stone or masonry columns and a pitched or mansard roof on the gasoline canopy. IMPACT ISSUES 1. Master Plan. The Colleyvil/e Master Plan designates the future use of this area for commercial and retail type land uses. This request is consistent with the goals and objectives of the Master Plan. The Master Plan designates all the property on Colleyville Boulevard in this area as commercial and retail property. 2. Surrounding Properties. Most of the surrounding properties are undeveloped, but planned for commercial use. The property along the south side of John McCain Road is developed as industrial uses. Property south of the site, at the intersection with Tennison Parkway, is developed as offices. 3. Development Trends. The long-term trend for this area is commercial and retail 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.3 - Page 3 5. Property Taxes. According to information available from the Tarrant Appraisal District, the estimated property value is $1,315,512. The estimated City property tax revenue for the undeveloped property is $4,570 annually. The future property tax revenue would depend upon the value the building improvements to the property. 6. Sales Taxes. The applicant provided a brief economic summary of the project, which is included with the attached information. The project contains approximately 58,000 square feet of neighborhood retail, restaurant and office space. The estimated annual sales for the overall project are $28,270,000, which includes restaurant, retail, and other uses. When completed, the estimated sales tax revenue for the City from this development is $371,080 per year. 7. Public Notification. Staff mailed notices to five adjaCent property owners regarding this request. A complimentary notice was sent to the Timarron homeowner's association. 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. SUMMARY The site in question is the northern gateway into Colleyville. The Colleyville Master Plan recommends that retail and commercial development occur at this location. The economic development goals contained in the Colleyville Master Plan are focused on building out the remaining commercial areas with revenue-generating businesses. These types of businesses would include retail oriented activities that provide significant sales tax revenue. The proposed development satisfies these goals. The proposed development of the property could have a positive impact on the future commercial growth of the city in this area, and will provide an area for goods and services for residents of the area. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: February 9, 2004 City Council: March 2 and March 16, 2004 RECOMMENDATION Approval Agenda Item No.3 - Page 4 ATTACHMENTS · Updated Information from Applicant · Resolution R-99-1569 · Location Map · Zoning Map · Information and Drawings from Applicant · List of Property Owners Notified · Development Review Committee memorandum · Applicant Response to DRC memorandum · Draft ordinance Prepared by: J.Clayt~~ Development Coordinator Agenda Item No.3 - Page 5 ^ SERViCEST^R DEVELOPMENT COMPANY SERVICESTAR March 3, 2004 City of Colleyville, TX Community Development Dept. Attn: Clayton Husband 100 Main St. Colleyville, TX 76034 Re: Pecan Creek Village Center - PUD-C Dear Clayton, As requested, following please find the Use List for the Pecan Creek Village Center PUD, information related to the proposed architecture for the Center, and information related to the proposed drainage scheme for the Center. PUD-C Permitted Uses I. Automotive Repair and Service wlo Outside Storage, including Lube Services 2. Convenience Store wlo Gasoline Sales 3. Convenience Store wI Gasoline Sales and Car Wash 4. Supermarket/Grocery 5. Bakery 6. Meat and Fish Market 7. Cafe, Cafeteria, & Restaurant, including on-premises consumption of alcohol 8. Restaurant with Drive-In or Drive- Thru Service 9. General Retail Sales, including Second Hands Goods Shops 10. Pharmacy, including drive-thrus II. Drug Store 12. Retail Plumbing, Electrical, & Hardware wlo Outside Display 13. Hardware wI Outside Display 14. Book and Stationary Shop 15. Jewelry, Camera, Music - Sales and/or Repair 16. Florist Shop 17. Furniture Store 18. Pet Shop 19. Gasoline Service Station 20. Building Materials wlo Outside Storage 21. Building Materials wI Outside Storage 5670 Greenwood Plaza Blvd.. 5tc. 300 Greenwood ViHage, CO 80111 (p) 720 529 2840 (f) 7205292841 ^ SERVICESTAR DEVELOPMENT COMPANY SERVICESTAR 22. Barber, Beauty Salons, Day Spas 23. Dry Cleaners (on-site dry cleaning, as well as pick up station) w/ or w/o drive-thru 24. Apparel Alterations 25. Health and Fitness Studios 26. Music & Dance Studios 27. Veterinarian Office w/ kennels (including outdoor dog runs) 28. Interior Decorator Shop 29. Food Catering 30. Medical & Veterinary Clinics 31. Medical Office w/o Clinic 32. General Office 33. Banks, Financial Institutions, including drive-thrus 34. Day CarelDay Nursery, w/ drive-thru pick-up and drop-off 35. Community Buildings 36. Business and Professional Schools 37. Indoor Amusement 38. Train Passenger Terminals 39. Governmental Buildings and Parks Uses Permitted Under CCI being Excluded from PUD-C I. Self-Service Laundromat - Special Use Permit 2. Funeral HomelMortuary - Special Use Permit 3. Bus Passenger Terminals 4. Automobile Parking Lots & Garages 5. Cemeteries & Mausoleums - Special Use Permit 6. Kindergarten, Primary, and Secondary School- Special Use Permit 7. Junior and Senior Colleges and Universities - Special Use Permit 8. Vocational, Technical and Trade Schools - Special Use Permit 9. Outdoor Amusement- Special Use Permit 5670 Greenwood r{az3 Blvd." Ste, 30e Creenwood Vmage, co 80111 {p) 720 529 234(} {f) 720 529 2841 ^ SERV1CESTAR DEVELOPMENT COMPANY SERVICESTAR Architectural Elements ~ Integrated Architecture with Spanish Elements ~ Highly Developed Site Plan Including Landscaped Traffic Circle and Interior Drives ~ Landscaped Canopies and Potted Plants ~ Storefront Windows with Strong Horizontal and Vertical Components ~ Materials will Consist of Natural Stone, Brick and Timber Construction in Warm Colors and Complementary Tones ~ Outdoor Seating Area ~ Public Access to Open Spaces and Landscaped Areas ~ Tree Preserve Area Along Creek ~ Coordinated Parking and Pedestrian Lighting Limited to Site Site Drainage ~ Site Drainage Flows to Detention Ponds Located at Northernmost Property Boundaries ~ Detention Ponds Designed to Temporarily Store Up to 4 Feet of Water During Rain Events ~ Detention Ponds Graded Towards Outfall Structures to Prevent Standing Water ~ Site Drainage Designed to Flow to Detention Ponds Prior to Outfalling into Existing Creek ~ A Drainage Exhibit has Been Attached Showing the Proposed Drainage Flows If you would like to discuss any of this information, please feel free to give me a call. Thanks for your assistance and patience on the finalizing of this information. Regards, Eric Helwig ServiceStar Development Company LLC (t) 720-529-2860 ehelwig@servicestarusa.net 5670 Greenwood Plaza Blvd., St€. 300 GreenwoDd ViUage, CO 80111 {pi 720 5~!9 2840 (f) 720529 28ltl ..~~ "~ 0"8 ~~~ ~..~ ~!~ ~ ;~~ ..;~ iil he i+ ~iU : ~5~~"; ~ ~ =g~a" ~= ~ ~~;; f~E ~ g~~ ~.t." tIl ~~a ~ ';';' F -s~ n ;~ "c 0 ~ ~ III tj ~;r-..::l ~ .~3~~n z i j; 0 ~..~ : ~z ~: il'l ~i~: ~ ~ .~ a ~ ~ ~.. ii ~: OQ . Ii i' " Ii ~l . . , i ~,/J' / .< /"V" /~y. :!'>k;" ~^,:)'fYI "ll . I. ;1 o . ~ ~ " - ~ . ~ o ~ ~ ~~~ -~ ~,. lI{~~ i'i g:.., ;J~a ~~~ _:"'t:"1 Cs ~ ~ () Q I........ <: ~ ~ t:J Z r J. i ~. ",1 S~ "'I RESOLUTION R-99-1569 A RESOLUTION PROVIDING FOR THE ACQUISTlON OF RIGHT ~F-WAY FOR JOHN McCAIN ROAD BETWEEN THE CITY OF COLLEYVILlE AND HASTINGS COVE, L TO., OWNER OF THE PROPERTY SOUTH OF EXISTING JOHN McCAIN ROAD WHEREAS, the City of Colleyville is desirous of making improvements to John McCain Road to improve traffic flow and safety; and WHEREAS, the improvements to John McCain require the road to be moved to the south from the present location; and WHEREAS, the City of Colleyville has obtained Texas Department of Transportation (TxDOT) design approval and funding of the construction; and WHEREAS, TxDOT will not proceed with plan review and the construction until the new right-of-way is acquired; and WHEREAS, Hastings Cove, LTD. owns the property known as 27.440 Acres to Hiahwav 26-McCain Joint Venture, Vol. 13510, Pg. 204; and WHEREAS, the design shall include curb cuts on both sides of the remaining property bordering the new John McCain Road, and at least a forty foot opening in any traffic median in the new John McCain Road, aligned to allow cross traffic and right and left turns from the new John McCain Road into and out of the property on both sides of the new John McCain Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT provided Hastings Cove, L TO delivers a general warranty deed to the City of Colleyville for the property described in Exhibit "B" hereto on or before November 23, 1999, the City of Colleyville shall abandon the right-of-way described in Exhibit "N hereto and quit-claim to Hastings Cove, L TD any property owned by the City of Colleyville in the abandoned right-of-way described in Exhibit "AN hereto upon completion and acceptance by the City of road extensions and improvements realigning John McCain Road upon Resolution R-99-1569 Page 2 the property described in Exhibit "B" hereto. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ...5.- AYES, n NAYS, AND 0 ABSTENTIONS ON THIS THE ~ DAY OF N DIU nl he/ , 1999. ATTEST: CITY OF COllEYVILlE i;!;;JGrri Mayor kJ-~ J n Harris, TRMC, CMC City Secretary .'!o.-1I ...,-.. !'~ ~ .1' EXIDBIT'''' PORTION Oll' .JOHN MeCAIN ROAD Parts of the M. W. Davcuport Survey, AbIIrad No. 4321111111be A. Lou Survey, AbIlmct No. 963, situa!ed in 1be City ofCo1Jcyvillc in !be uortheast part ofTIIItIIIIt COUDty. Texas. Beginuiua at a 1/2" iron capped "Landes 01: Assoc." fouad for the southwat COI1IllI' of the (). 669/1000 of III IICre trIllt delcribed in lbe deed to lbe City ofCoIleyvil1e,.-dell in volume 13078, page 99 oflbo Tamm County Deed Records, in the llIutheast IiDe of the Dallu Ala Rapid TI'IIIIIit RaiIroIIdright-of-way (D.A.R. T.) III recorded in 10146, JlIIllI' 640 of the said Deed Reccmluad from which a 1/2" iron capped "Landes oI:AJsoc." found fur the omth comer ofsaid City II'IIctbellsllOl'lh 66 dqjRes-24 minutes cut 724-71/100 filet (Linefordileclicma1l:011l101). Tbeocc soulh 89 depoes-26 minutea-5111eC:011da eat, IloaaJ !be south line of Slid City 1nIl:t for the north line of slid lobo McCain Road, 224-75/100 feet to ,a 112" iroa ~ "~ & Assoc." fOllllll for the lI01Ilbeut comer of Slid City tract. in !be DOJ1hwal npt-of-wayliDo of State Ifiahway No. 26 (Collcyville Boulevard), I11III bein&inaC1UYlltothelcftbaviDaanldius of2,914-79/100 feet Thonco aloq right-of-way Iiae, a10na IIid ~ to the left, III ~ IcaiIh of68-93/1 00 feet to allli1 in aspha1t fouDd for 1he uortheut c:omer of the 27-44011000 Il%elll'llct cIacrlbed in tbe deed to Highway 26-~ainJoint VeIIt1n, recorded in vollllDe 13510, JIIIill204 of the _Deed Records. Tho long chord of sllicl68-93/1 00 feet IIIIl is south 49 dc:&reea 09111iDula-S4SCC011dsMSt68-93n 00 feet. A 1/2" iron fouadattheeadofaaid curve bean IIlllllllqthofl,031-421I00feetlllldaloaa chord of soulh 39 dcgrees-32 minutes wat 1,032-94/100 feet. (Deed call is 1IIIl1eqlb of 1,038- 47/100 feet I11III chord leqtb is 1,032-98/100 feet). Tbeocc norlh 89 dc~-16 minutes-I 0 seconds west, alq!be IIIlIth line of said 27-44011 000 lICIeII tract for the lOulh line of said John McCIiD Road, 271-95/100 filet to . 112" iron f01lllli for the omth~ c:omer of IIid 27-440/1000 aczei traet, in tbe said lIlIIIlbeut 1iDo ofD.A.R. T. tract. and from which a ..nd.t...... fouDd for lbe most 'MlIt DOrtb_ COIIIIlf of lAid 27-44011000 _ tnICt bears south 66 depeea-22 miDutes-11 KCODds wat 1,612 feet. (Deed call is lIOUlh 66 depa-07 minutcs-24 secondII ~ 1,611-811100 feet). .. Thence DOrtb 66 dep-ees-13 minutes-II seconds eat, IloaaJ the IIlIid soutbeuIliDe ofD.A.R. T.lrIICt, 101-55/100 filet to the p1lce of bosiJming and CClII1a1nIns G-2571I000 of lIII aae. Tho basis forbeariDp is the deed recorcIed in volume 13071, Jllie 99 oftheTIlITIIIt Count)' Deed Recon:b. Surveyed on the grouod in September 1999. TEAGUE NALL AND PERKINS,INC. a&.j!~ Registered Professional Land Surveyor No. 4090 JQ-I-qt:j Date L:lhJWClft""'t' .... ttl,'" , , I , , , '" ' , , : I 1\1 :-:' .. I : i~ I I ~ 1/2- '~I ~" i . i 1 \~ : ~ \ 'I 1:\ '" I : \ : r: : ,.,. I II : : 'fj !~ I: ~-j:l . i o~ x:'l: :, I I t....pz :\"';, I I I: , '\i , '" .j!J~:" ~: ,h:z i I ~I : !~:~ I ,_. 0 I '.' CJ z I: 1i.2J5 k. r~'I~ \ \ ~ p.m AC. I 1\ \ \"i.. ",', I, ',' ~'~ ~I, t i' I,. ....t 9- C\I: 'I ~ I' "\ f. ~ : II; eN ~ \\ '.: :I"~ ~ J ' '... ~... I II,!! I~J Ul ! : 1 , ,I r. : I I JI "" ;1 !:!:I = " 'I!" ". " :' II ~ / I : I: II ~ ~' , f I I , I : " '" . " I ..... I I 1 \.... : I J ", I I f ",:., I }, i I' l~..' I , "\, i!: \ \.... \. , \ \ \ . R- 2914.711' \ ~ L- 68.93' " ''. LC-68.9J' \ S49'og'S4'W ,\ SKETCH SHOWING A PORnON OF' JOHN McCAIN ROAD IN THE M.W. DAVENPORT SURVEY, A-4J2 AND THE A. LOTT SUR\lEV, A-08J SITUATED IN THE CITY 01' COlLEY'v1lLE IN THE NORTHEAST PART OF TARRANT COUNTY. TEXAS. SURVEYED IN SEPTEMBER, 1999 ~~t2L _ /fJ./-." C . ItOII[RSOH 011 ~ A.P.l.S. 40.0 \ NOTES: .....-. --.-.. ..... _..~.. =~'=''!.c..~ - VI n ,. F.i GJl ~ -.- M ... q 27.44CI 'ACIIES TO HIGHWAV ZI-McCNN .oNT \t:N1\lM: WIL '31'0. PC. 204 ~ ~ <0~~ ~ ( ~ .,pr. ~"O .)< 'tP '1~ -Y. .so ~,p;'r.j>~, ~ .,. ~\.~~q <0,.. () "" .,. ~cS' ..,. ?r'O '~,,' 00'+ fr '.I'."t:\. Co . . 'V' t: ~ <(<' \ <<<' ~ ~:..I ....~ EXHIBIT 'll D.HI AC. TD tHE CITY OF CQ.LlYW.LI WK.,'''''''''''" .' ,i" tHE ''''''''''A nON IlEfU:ClDI BY lHIS SUfl\IEY SHOUlD NOT IE __ VALID UNLDS 1H[ MINt Of' SAD SURVEY IEMS AN OfnCINAL SE"'- AND SOfATUR[ Of' THE REClSTEMO PAOf'ESSlONAL LAHD SUflVEYOR. NOTE: BEARINGS ARD BASED ON THE BEARING OF THE SOUTH RIGHT Of' WAY UN[ OF THE D.A.R.T. RAILROAD, AS PER DEED RECORDED IN IIOLUWE 13078. PAGE gg T.C.O.R.. See mites ond bounds herewith. D: \COL99265\CAD\SURVEY\JOHN. OWG ~ r~ql!'i ,lfAff ~il r,E.RJC!1f~ 915 Flor.nc. Slr..t Fort Worth. r..o. 711102 (1117) JJ5-577J PACE 2 OF 2 JOB NO. CllI.99265 .' . l S-XIH~IT '8' FIELD NOTES DESCRIPTION of a 0.459 of aD acre street ri&bt of way to be acquired by the City of CoUeyville, Tarrant County, Teus. from Nellie Bilbllh McCluskey. 19,994 square feet of the Absalom J. Lott Swvey, Abstract Number 963, situated in the City of Colleyville, in Tarrant COlDlty, Texas, embracing a portion of a tract of land des.crlbed in the warranty deed to Nellie Hi]bish McCluskey, recorded in Volume 302], Page]]7 of the Deed Records of Tarrant COlDlty, Texas and bounded on the east by State Highway Number 26 (a 100 feet wide right of way) and bounded on the west by Dallas Area Rapid Transit (a ] 00 feet wide right of way). CommenciDg at a P.K. nail found at the intersection of the south line of John McCain Road (8. 50 feet wide right of way) with the west line of State Highway Number 26, for the northeast comer of said McC]uskey tract. Thence South 89 degrees 55 minutes 42 seconds West, along the south line of John McCain Road and the north line of said McCluskey tract, a distance of 272.27 feet to a point in the west line of said Dallas Area Rapid Transit right of way for the northwest comer of said McCluskey tract. Thence South 65 degrees 32 minutes 26 seconds West, along the west line of said McCluskey tract and the east line of said Dallas Area Rapid Transit right of way, a distance of 108.84 feet to the beginning of a non-tangent cwve to the left for the Point of Beginning of the herein described tract. Thenee in a southeasterly direction, along said curve to the left, having a radius of ] 960.00 feet, a central angle of 05 degrees 27 minutes 49 seconds, a chord distance of 186.83 feet, a chord bearing of South 46 degrees 06 minutes 16 seconds East, and an arc distance of 186.90 feet to the beginn;ng of a curve to the left. Thenee in a northeasterly direction, along said curve to the left, having a radius of 40.00 feet, a central angle of 87 degrees 10 minutes 19 seconds, a chord distance of55.16 feet, a chord bearing of North 87 degrees 34 minutes 40 seconds East, and an arc distance of 60.86 feet to a point in the east line of said McCluskey tract and the west line of State Highway Number 26 for the beginning of a non-tangent cwve to the left. Thence in a southwesterly direction, along the east line of said McCluskey tract, the west line of State Highway Number 26, and said cwve to the left, having a radius of 2914.79 feet, a central angle of 03 degrees 06 minutes 13 seconds, a chord distance of 157.87 feet, a chord bearing of South 42 degrees 26 minutes 24 seconds west; and an arc distance of 157.89 feet to the beginning of a non-tangent curve to the left. Thence in a northwesterly direction, along said curve to the left, having a radius of 40.00 feet, a central angle of 89 degrees 37 minutes 34 seconds, a chord distance of 56.38 feet, a chord bearing of North 03 degrees 55 minutes 30 seconds West, and an arc distance of 62.57 feet to the beginning of a curve to the right. .... Thence in a northwesterly direction, along said cwve to the right, having a radius of2040.00 feet, a central angle of 06 degrees 08 minutes no seconds, a chord distance of218.27 feet, a chord bearing of North 45 degrees 40 minutes 17 seconds West, and an arc distance of218.38 feet to a point in the west line of said McCluskey tract and the east line of said Dallas Area Rapid Transit right of way. Thence North 65 degrees 32 minutes 26 seconds East, along the west line of said McCluskey tract and the east line of said Dallas Area Rapid Transit right of way, a distance of84.37 feet to the Point of Beginning and containing 19,994 square feet or 0.459 of an acre of land. The Basis of Coune for this survey was established by a static Global Positioning Survey performed on the ground on JanuaIy 16, 1998. .Surveyors Certification. I, Allan Caviness, Registered Professional Land Surveyor Number 4365, State of Texas, do hereby certify to that this description and the sketch attached hereto were prepared from the public records and from an actual survey made on the groWld Wlder my direction and supervision. .,. E~I+ILVT '6 I . ;:11. AleU1.!Ud.J. UTI a!JJ)YJI'J ~ ~/U!t{ &L au ...--'/ : ...--" ...--" ~.:-.~ 2IlI I ' "...--" _TLT. I ,...--' ...-- I =:-.::r:.,. __ . I IULT.c.T. "...--'; ...--,~. I ...-- .' r /" ..,/ " . ________~..~.:L.-~;;;'" P.OB ~----- "'fD:!----u-"" ...---- ~... JOHN McCAIN RD. ...--..#; ...: \l~::"-----s = wJ5O' _!LO'~::)) -...... ",' ~-,.-" , -----7" ~ . ~ ~~-----------------------..;:7 ...--., ....~. ~ \ R-1HO.OD NEWE HlLBISH McCWSKEY , -- ~.I". ~:4I~ ~~ ~ 1-03.52' VOLUME 3021, PAGE 117 /' p.oc. l,di _..~ ~~~1 ....... l-':~'-te" D.R.T.e.T. , . /" -.".,. ~~',~ , ' ~~~'In: ,/' , ....----...--.,...--, '.. ,o.~q~~~~ ::i-...... ' ///' _,...--' R-2040.00 ~ Qr;:........ Qc. '.... " ~~~It. /,' . T-1011.28 " "'" "- '/ ce-NBn4'4O"\! . l-21&38 ..... 1': ' 6-0Il'01I'OO' ..~r.q~Qo. . ., / lC-21&Z7 ,~~ . . C8-N4S40'1rw " / /' NEWE HILBlSH McCLUSKEY '\ '~" ,/" VOlUME 3021, PAGE 11~7 /' / D.R.T.e. T. . Y " / R-2t14.7t N R-40.00 , nfiJ ' ~~':. 1-38.74 /" y /" 6-oYoe'13' l802.57 A-lIll"3T34' '::t-. " LC>157.1I7, ! lC-!llI.3lI ' ~ / ce-S42"28 24'"11 ce-NOJ'5!i'JO'"1I / ~ ~ .... , , ,- O. , e ,/ ~."',/ A / ~~~ / , ~ ' , -" / / , , , / ;/ " /' / , , f , o ,...... 100 ........ THE BASIS OF COURSE FOR THIS SURVEY WAS ESTABUSHEO BY A STAne GlOBAL POSlnONING SURVEY PERFORMED ON THE GROUND ON JANUARY 16, 1998. SCALf II fEEl SKETCH SHOWING A 0.459 OF AN ACRE STREET RIGHT OF WAY, EMBRACING A PORTION OF A TRACT OF LAND SITUATED IN THE ABSALOM J. LOTT SURVEY, ABSTRACT NO. 963 AND DESCRIBED IN THE WARRANTY DEED TO NElLIE HILBISH McCLUSKEY RECORDED IN VOLUME 3021, PAGE 117 OF THE TARRANT COUNTY DEED RECORDS. Location Map Case # Z-04-010 - Zoning Change from CC2 to PUD-C ! . m I' = <ON ~!i1 .. m ! "'0 ~;g :;;~ i~ ~ III '< 1 - ! ~~ ~ ~ ~ ~~ ~ ~C6 .. h ~ . ~ ~> . c~ ~ . G~ ~. . a a ,~ :i~ a) "I a ~~ I i ~ ~a ~I/l ::t !la 1Il ~:r ~. I!. .~ ~~ ~ : ~ "I l3z ! a 9 ~ ~ ~ = I! : i i n I !B~~ s F . ~ I I :! . I ~~! I ~EI ~ ~ ~ 'tl . ;~~ h~ ~ = . I!!:: !2;:1n () Ei 0 .. I :f" 0 I: II I 8::~ ~ o~A E... ... !!~ iiI ....gR~ ~. ... S . ~.~. 66;; .. S ~. SF8~ F~~;.O, ~ .. :to.. d ... ~ a 0 ~ d ~ T I<T~~A' i8z~.'''' I: g ;Ei~a ~. i! 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U'fll [!Il ~ ~ ~ I ~ I I ~'.,I; :IG !lllf J II i ~I ~i I:. ".~I 'Iii I I I I I I I 'II '!I ~'I'1 'n IJ( 'IJ,3~ If'lll t 1'1 IIj; I~I t t , : t : : I ijI .'1' i "II" ,I 'I' ! "1'1 i, (' ., , , , I I J J I' I" I I r ,111..1 '11.' I' .. .' I I I . " I" r II, tl Pecan Creek Village Center Request for PUD-C Zoning City of Colleyville, Texas Purpose and Intent: This request is for Planned Unit Development - Commercial zoning (PUD-C) for commercial and retail uses on a 15.1 O-acre tract of land, located at the southwest corner of Colleyville Boulevard (S.H. 26) and John McCain Road. Pecan Creek Village Center is proposed to be an upscale, urban retail center providing neighbors with convenient access to needed goods and services. A professional development team dedicated to building a superior 'Gateway' project for the Colleyville community brings this project before the Commission. While the existing zoning is currently "CC2-Shopping Center" and allows for retail uses, the development proposes a Convenience Store with gasoline sales and a Tire and Auto Service Center with service bays, which requires a Special Use Permit (SUP). The PUD-C proposes to incorporate the requirements of a Special Use Permit with specific development guidelines for the overall retail center. There are quite a few potential reasonable uses that would need a SUP that could be included into the PUD-C such as Kindergarten and other schools, vocational schools, 2nd hand stores, day care and others. The resulting zoning district will allow for a more creative and efficient development and provide the City and the neighbors with the assurances of quality development and services. We are proposing three outparcels in addition to the Shell/Great American on Lot 1. These pads are in integral piece in the Village Center and will attract high quality and credit tenants that will become long-term, committed members of the community. This being said, these pads should be fairly unrestricted in use to offer and encourage a broad range of potential tenants, including those with drive-thru offerings. Despite the fact that there are no direct abutting neighbors, our development team met with three closest HOA's and neighbors to discuss the overall viability of the project. The collective results of those meetings were that they appreciated us getting them involved and soliciting for their ideas and thoughts. Generally, they indicated that they would welcome closer gas and convenience retail uses and that they felt good about us bringing the project to Colleyville and not one of the neighboring cities. Additionally, they felt that this parcel of land has been vacant for a very long time and that this would be the type of neighborhood center that would be appropriate. The architecture of the center proposes to promote and maintain the character of the City of Colleyville and of the newer commercial centers in the immediate area. Low rise, warm retail/office buildings will offer storefront windows with strong horizontal and vertical components. Buildings proposed for the center will consist largely of natural stone and brick construction in warm colors and complementary tones. Public access to open spaces and landscaped areas will be provided and maintained throughout the development. The initiation of the tree replacement program and the establishment of new landscaped medians and entries will cover the retail center in natural vegetation, colors and textures. Perpetual maintenance of all common areas, including the tree preserve, will be the responsibility of the property owners association, which will be established in conjunction with timing of the public hearings and working with Staff. The Concept Plan, as proposed, provides a general layout of the lots and built improvements for the retail center. While the lot sizes and building configurations may alter slightly prior to actual development, this plan will be used as a tool and a guide for the future development of the property. Once approved, the PUD and Concept Plan will be used by the city to insure that all final development plans will maintain the same character and integrity of the approved zoning. land Uses 1 Areas: The property consists of approximately 15.10 acres of land, which will be subdivided into separate lots. The base zoning for the PUD-C is proposed as CC2, as provided in the City of Colleyville Zoning Ordinance. All conditions and requirements of the CC2 district, the approved PUD-C and the approved Concept Plan shall be followed and maintained throughout the development of the property. General land uses and proposed land areas are proposed as follows: Lot 2 Lot 3 Lot 4 Lot 5 Convenience Store with Gasoline Sales and Tire Sales and Service Retail! Commercial Pad Site Retail! Commercial Pad Site Retail! Commercial Pad Site Retail! Commercial Site Approximate Total Area Apx. 1.91 Acres Apx. 1.19 Acres Apx. .94 Acres Apx. 1.19 Acres Apx. 9.87 Acres Apx. 15.1 Acres Lot 1 Open Space is included within the proposed development in the form of landscaped parkways and medians. Great care was taken to protect and enhance the existing creek that has heavy vegetation and grass covered storm water detention areas will be incorporated into the plan. A village circle, or rotary is planned and will add a unique feature to the center of the project and a permanent tree preserve along the creek will assure the city and the public that the creek and trees will remain in their natural condition from this point forward. The development team worked diligently with Staff (Clayton Husband & Barry LeBaron) to create a tree mitigation plan that subsequently was approved by the P&Z Commission. This open space will be guaranteed by restrictive covenants describing the conditions, restrictions and maintenance to be filed with the Final Plat and approved by the City. Development Controls: Covenants, Conditions and Restrictions will be established for all improvements proposed within the development. Consistency in building architecture, landscape design, lighting and signage will be required and controlled by the developer, as well as, future owners. Anticipated Tenants and Uses: Lot 1 will encompass a Shell Convenience Store, fueling facility and carwash, as well as, a Great American One Stop Auto Care. This facility is called a MFC, Multi- Facility Concept, which is a new breed of automotive center, offering customers a complete menu of automotive services in one, convenient location devised to meet today's very mobile consumer demand - including fuel, an automatic car wash, a one-stop auto care retailer that provides tires, an automotive lubrication center, expert light automotive services, and a convenience store - all in one location. This facility is modern and different, which offers a new level of service and convenience, complete with upscale amenities to meet today's consumer driving needs. A company that specializes in upscale tenants with new and .innovative designs designed the interior of the Great American. They have a very long list of satisfied clients such as Starbucks, Seattle's Best, Sears, Radio Shack, Home Depot and many more. The MFC is not only modern in design but in operation too. All employees are uniformed, professional in character and driven by quality customer service. The tires are encased in pullout drawers; the customer waiting area is plush with leather couches, complimentary refreshments, TV, Internet hookups and even game-boys to help children pass the time. There is no outside storage and all work done on vehicles is handled inside the service bays. It is a very consumer friendly environment where all services are menu-driven and prices are posted. Shell and Great American are examples of the top-shelf, quality oriented and long- term commitment tenants that can be expected to reside in our neighborhood center. Both tenants are making a long-term operating commitment to the center and the local community and will add value by taking part in local promotions that benefit charities and other benevolent organizations. Lots 2, 3 & 4 are expected to attract quality, national and/or local retailers to provide much-needed services to the local Colleyville community, as well as, drive-by consumers. Lot 5 will hold two separate buildings, which will house neighborhood retail and office tenants. It is anticipated that these tenants will be some of the uses that are typically seen in these upscale and modern locations. The selection of tenants should be a balanced mix of everyday retailers and providers to enhance the quality and convenience of consumers. City Sales Tax Benefits: Preliminary estimates show the potential for approximately 58,000 square feet of leaseable retail and commercial development on the Pecan Creek Village Center project. With this mix of tenants, it is expected that the City of Colleyville will benefit from the intake of sales tax as seen in the following chart: ANNUAL GROSS TAXABLE TAXABLE BUILDING SALES % SALES City Total Restaurant (lnline) (1) $1,500,000 100% $1,500,000 $30,000 Retail (In line) (1) (2) $6,000,000 100% $6,000,000 $120,000 Full Service Restaurant (Pad) (3) $2,500,000 100% $2,500,000 $50,000 Fast Food Restaurant (Pad) (4) $1,250,000 100% $1,250,000 $25,000 Retail Commercial (Pad) (5) $5,000,000 100% $5,000,000 $100,000 Great American One Stop Auto Care (6) $1,800,000 70% $1,260,000 $25,200 Shell Facility (7) $5,220,000 20% $1,044,000 $20,880 TOTALS $28,270,000 $23,554,000 $371,080 (1) Apx. 8,500 sf In line Restaurant (2) Est. 14 tenants @ 2,50 sf (3) Sit-down style apx. 5,660 sf (4) Apx. 3,500 sf wI drive-thru (5) Apx, 51,836 sf (6) Apx. 6,098 sf (7) Apx. 2,107 sf "Assumes 2.0% Sales Tax to City Estimated Development Schedule It is the intent of the ownership of the Pecan Creek Village Center to begin construction on the Village Center as soon as permits are obtained. Meetings were attended with TXDOT to agree on points of access from Highway 26 and are shown on the plan. Additionally, a lot of work was done with the seller of the property and current neighbor so that shared access could be agreed upon. This shared access in located at the far southwestern side of our property on Highway 26. At this time, we are expecting to begin site work around mid-May 2004, which would include grading, installation of utilities, internal roadways, detention and perimeter landscaping. Construction on Lot 1, Shell/Great American would commence close to that same time, or as soon as grading and utility installation will allow. The Lot 5 Retail/Commercial/Office will begin construction as soon as pre-leasing allows with the construction lender. This is expected to happen around near the beginning of the 4th quarter 2004. Lots 2,3 &4 will be delivered as 'finished pads' and will be ready for development around mid-late July 2004. This is a fairly aggressive schedule, but it is the intent of the Village Center ownership to develop and build-out the center in a very quick timeframe. Alan & Therese Kallerman 1997 Banyon Cmn Livermore, CA 94550 Timarron Owners Assn Inc 1800 Preston Park Blvd, Ste 101 PIano, TX 75093 Conn-Anderson Homes, Inc. 215 Executive Way, Ste 120 Desoto, TX 75115 Gregory & Teres Stuteville 7207 Stilton Court Colleyville, TX 76034 C Allen Turner 1908 John McCain Road Colleyville, TX 76034 Rtan-Rtan Enterprises Inc 346 Parkwood Lane Coppell, TX 75019 Whitco Consulting Ltd 3930 Glade Road, Ste 108 Colleyville, TX 76034 Charlotte Dietrich 7001 Colleyville Blvd Colleyville, TX 76034 Arnold & Joyce Ann Nelson 5800 Hunter Trail Colleyville, TX 76034 Colleyville Creme De La Creme 5922 Dtc Blvd, Ste 360 Greenwood Village, CO 80111 Al Silverberg 7204 Thames Trail Colleyville, TX 76034 Hewitt Homes, Inc. 2600 Seascape Court PIano, TX 75093 Kevin & Wendy Wall 7209 Thames Trail Colleyville, TX 76034 Michael 0 Browning Homes Inc PO Box 477 Colleyville, TX 76034 Kimberly & Kevin Mathis 7204 Stilton Court Colleyville, TX 76034 Sang Taek Kim 7203 Stilton Court Colleyville, TX 76034 John & Allison Orler 7200 Braemar Terrace Colleyville, TX 76034 John & Vilma Dees 7200 Maranatha Court Colleyville, TX 76034 City of Colleyville Regional Rail ROW Co Attn: Dallas Area Rapid Transit PO Box 660163 Dallas, TX 75266 Two Enc inc PO Box 5240 Lubbock, TX 79408 Tropicana Group LLC 3930 Glade Road, Ste 108 Colleyville, TX 76034 Whitco Consulting Ltd 2105 Harwood Road, Ste 215 Bedford, tX 76021 Rocky & Cynthia Hudson 7011 Colleyville Blvd Colleyville, TX 76034 Charles F West, Sr 7009 Colleyville Blvd Colleyville, TX 76034 Hasting Cove Ltd PO Box 5287 Culver City, CA 90231 Kenneth Ridley PO Box 826 Keller, TX 76244 Maverick Drywall & Insulation 1901 John McCain Road, Ste A Colleyville, TX 76034 Comvlimentary Covv To: Creme De La Creme 6805 Colleyville Blvd Colleyville, TX 76034 Monarch Photgraphic Corp 1700 Tennison Pkwy Colleyville, TX 76034 Pulte Home Corp of Texas 1234 Lakeshore Dr Coppell, TX 75019 Jomel Lp 1307 Haddington Lane Keller, TX 76248 Servicestar Dev. Co LLC, Applicant 5670 Greenwood Plaza Blvd Ste 300 Greenwood Village, CO 80111 Carol Davis 3300 Spring Valley Drive Bedford, TX 76021 Ctaj Ltd 6904 Colleyville Blvd Colleyville, TX 76034 Moterra Home Owner's Assoc 6707 Brentwood Stair Road Fort Worth, TX 76112 Comvlimentary Covv To: Timarron Owners Association Jan Keahey, Manager Southlake, TX 76092 Case Z-04-011 (Notices dated: January 30,2004) According to the last published Tax Record, individuals who own property that is within theJ"OO' of the proposed special use permiUand-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas local Government Code and the Colleyville land Development Code. Jan Levy ~ Planning & Zoning :~istant CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE January 30, 2004 Steve Pappa 720-529-2841 Rick Horn AICP ~ 214-357-2985 FAX TO FAX NO FROM Clayton Husband, AICP, Development Coordinator SUBJECT Z-04-0ll CC2 to PUD-C - Pecan Creek Village The Colleyville Development Review Committee (DRe) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. GENERAL INFORMATION 1. If the zoning request were approved, the property would be subject to the general provisions of the PUD-C district and any conditions imposed by the Planning and Zoning Commission and City Council. Detailed review for compliance with the regulations will take place during the site plan/landscape plan and construction phases of the project. 2. If the zoning change is approved, a subdivision plat and engineering construction plans must be submitted and approved by the City before construction may begin on the site. 3. The staff report to the Planning and Zoning Commission and City Council regarding this zoning change will include a proposed ordinance containing suggested conditions applicable to this type of development. A copy of the staff report and proposed ordinance will be forwarded to the applicant before the Planning and Zoning Commission meeting date. ZONING EXHIBIT DRAWING 1. No changes are required to the drawing. 2. The DRC recommends that the gas tank canopy include masonry or stone columns and a pitched roof Other design suggestions from the applicant are welcome. 3. Provide a summary showing the percentage of landscaped areas and estimated building coverage percentage for the development. 4. Will the detention ponds include aeration devices or fountains? 100 Main Street- Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-04-011 PECAN CREEK VILLAGE TREE PRESERVATION & MITIGATION The Planning and Zoning Commission approved a tree mitigation plan for this property on September 8, 2003. A copy of the agreement was forwarded to the applicant for signature. Please advise on the status of the execution of this agreement. OTHER INFORMATION 1. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. ROADWAY Roadway impact fees vary greatly depending on the specific use of the property. Please refer to Chapter 13 of the Land Development Code for details. $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 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are not required for this property since the property has frontage on Colleyville Boulevard, and John McCain Road is presently under construction. 3. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of a subdivision plat. The fee for non-residential uses is $800 per acre. This fee is not due at this time. 4. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. The sidewalks must be at least 5- feet wide. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday,February 9, 2004, 7:00 p.m. Tuesday, March 2 and March 16,2004,7:30 p.m. PAGE20F3 DEVELOPMENT REVIEW COMMITTEE Z-04-011 PECAN CREEK VILLAGE RESUBMITTAL REQUIREMENTS Please submit the following to our offices: · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The above requested items must be submitted no later than noon on Wednesday, February 4, 2004 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-503-1054 or husbandc@ci.collevville.tx.usifyouhaveanyquestions. I C: DEVELOPMENT REVIEW COMMITTEE PAGE30F3 ^ SERVICESTAR DEVELOPMENT COMPANY SERVICESTAR February 4, 2004 City of Colleyville, TX Community Development Dept. Attn: Clayton Husband 100 Main St. Colleyville, TX 76034 Re: P&Z Comment Review - Pecan Creek Village Center Colleyville, TX Dear Clayton, Thank you for your comments regarding our proposed commercial project and P&Z submittal on Highway 26 & John McCain. I offer the following in response to your comments: Zoning Exhibit Drawing Comments 1. No comment required. 2. You indicated that the DRC would like to see masonry of some sort on the columns of the gasoline canopy and a pitched roof. This is not a problem and in fact, we had considered this on our previous elevations. Our design team will coordinate with the tenant for a modified pitched roof on the canopy, which will most likely be of the mansard variety. The columns will be either brick or stone of some variety, depending on the final design of the Village Center. We will want all the buildings to have a consistent theme in theme, colors and materials. We have been successful in the past with bricking the columns up to a height of approximately 8 feet, which adds a nice touch to the canopy. 3. Summary of estimated landscaped areas and building coverage- Lot 1 - 1.92 acres, 16% landscaping, 11 % building coverage. Lot 2 - 1.19 acres, 18 % landscaping, 8 % building coverage. Lot 3 - 0.94 acres, 19% landscaping, 9 % building coverage. Lot 4 - 1.19 acres, 23 % landscaping, 11 % building coverage. Lot 5 - 9.87 acres, 7 % landscaping with 1.84 acres in Tree Preserve and 1.40 acres in detention open space, 10% building coverage. All area calculations are approximate and subject to change with final Site Plan submittal. 5670 Gieenwnod PlaIa Blvd., Ste, }oe Greenwood Village, CO 80'111 (p) 720 529 2840 {f) 7:20 529 2R~1 ^ SERVICESTAR DEVELOPMENT COMPANY SERVICEST^R 4. The detention ponds will not include aeration devices or fountains, as they will not be holding standing water. Tree Preservation Comments The P&Z approved a tree mitigation plan for our project, which we concur with and will get the executed copy delivered to you. Other Information and Comments 1. Impact Fees - Information regarding roadway, water and sewer fees have been noted. 2. Perimeter Street Improvements - Noted. 3. Parkland Dedication - Noted. 4. Sidewalks and Trails - Noted. In previous P&Z meetings and general discussions that we have had with Staff and other City Officials, it has been agreed that our site falls within a TIF District for the City. Apparently, this district has yet to funded for our area, but I would like to keep our options open as we move forward with the city processes. Certain situations may arise with suggestions and/or comments that could be beneficial to the developer and the city and discussions surrounding TIF dollars could be a viable option. Thank you for the opportunity to respond. Respectfully, Steve Pappa Sr. Development Manager 5670 Grc0t1wond PIal? Blvd.. Ste. 300 Greenwood ViHag~:> CO 80111 {O) 720 529 28-40 {f) 720 :l29 28/41 ORDINANCE 0-04-xxxx AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COlLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 15.10 ACRES OUT OF THE ABSAlOM J. lOTT SURVEY, ABSTRACT 963, FROM THE CC2 SHOPPING CENTER COMMERCIAL DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Pecan Creek Village Center Partners, LLC, on January 19, 2004, under Case No. Z-04-011; 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 COLlEYVllLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds as shown on the attached Exhibit "B", by changing the zoning of said property from the CC2 Shopping Center Commercial district to the PUD-C Planned Unit Development Commercial district, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for retail, commercial and office land uses. Ordinance 0-04-dxxx Page 2 of 5 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. The following land uses shall be permitted within this Planned Unit Development. (1) All uses allowed in the CC1 Village Retail zoning district (2) One (1) convenience store with gasoline sales (3) One (1) tire and automobile repair and service facility (4) Restaurants with drive-through windows (5) Day care center or Day nursery (6) Any use in the CC1 district that is subject to approval of a Special Use Permit shall be required to obtain approval of said Special Use Permit in accordance with the Land Development Code 3. ALCOHOLIC BEVERAGE SALES a. A Special Use Permit for alcoholic beverage sales for on- premise consumption in conjunction with a restaurant use is hereby authorized. b. A Special Use Permit for alcoholic beverage sales for off- premise consumption for a grocery store, convenience store, specialty wine shop or gourmet food store is hereby authorized. 3. CONCEPTUAL SITE PLANS AND PLATTING a. The arrangement, location, and footprint of buildings within the PUD-C may differ from that shown on the attached Exhibit "C" and will be determined at time of site plan and landscape plan approval. b. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. Ordinance 0-04-dxxx Page 3 of 5 4. LOT REQUIREMENTS AND SETBACKS a. The lot requirements and setbacks shall be the following minimum standards: (1) Minimum Lot Size (2) Building Line adjacent to street (3) Side Building Line (4) Rear Building Line (5) Maximum Lot Coverage (building) None 40 feet 15 feet 15 feet 60 percent b. The buildings shall not exceed thirty-five (35) feet in height. 5. OPEN SPACE AND LANDSCAPING a. The building site shall comply with the minimum landscaping requirements of the Land Development Code, which shall satisfy the open space requirements for the PUD-C area. b. The landscaped area may be utilized for storm water detention purposes. c. This property shall be subject to the tree mitigation plan approved by the Planning and Zoning Commission on September 8, 2003. 6. LIGHTING a. The height of a light standard located on the property shall not exceed twenty (20) feet in overall height. 7. SIDEWALKS AND TRAILS a. The developer shall construct a 5-foot wide sidewalk adjacent to John McCain Road, unless funds are escrowed with the City for future construction of the sidewalk. The sidewalk shall be constructed at the time building improvements are constructed on the property. b. The developer of each lot shall construct a 5~foot wide sidewalk adjacent to Colleyville Boulevard, unless funds are escrowed with the City for future construction of the sidewalk. The sidewalk shall be constructed at the time building improvements are constructed on the property. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-04-dxxx Page 4 of 5 8. GENERAL DEVELOPMENT CRITERIA a. The architectural design score for all commercial buildings shall be a minimum of 30 points, as described in Chapter 6 of the Land Development Code. b. The columns of the gasoline canopy shall be constructed of masonry or stone material. The canopy shall provide a pitched or mansard roof. b. Structures for automobile service uses shall be oriented in such a manner that the bay doors or garage doors do not face Colleyville Boulevard. The walls containing bay or garage door openings shall be within fifteen degrees (150) of perpendicular to the right-of-way line of Colleyville Boulevard. c. The servicing of vehicles outside of a building shall be prohibited. d. The storage of materials in parking and landscaped areas, including landscaped islands, shall be prohibited. e. The exposed exterior walls of each building must be constructed of 75% masonry material. Window and door openings shall not be included in the calculation of the area of the wall. THAT any person, firm, or corporation violating any of the provisions of this ordinance 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. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of Ordinance 0-04-dxxx Page 5 of 5 The second reading and public hearing being conducted on the 2004. day of ATTEST: CITY OF COLLEYVILlE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND lEGALITY: Ross T. Foster City Attorney