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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-4/14/2014 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, April 14, 2014 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal issues raised by public hearing or ac tion items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Knox PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES March 24, 2014 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM 3. CONTINUED PUBLIC HEARING AGENDA ITEM 3a Request for a Special Use Permit for a wedding chapel on Lot 1R1, Block 1, of the Monterra Place Addition located at 1700 Tennison Parkway, ZC14-002 Planning and Zoning Commission Commission Agenda April 14, 2014 City of Colleyville Page 2 4. REGULAR AGENDA ITEMS 4a Approval of the updated bylaws for the Planning and Zoning Commission 4b Request for a vacating plat on Lot 13-R, Block 8, of the Oak Crest Hills Addition located at 313 Oak Valley Drive, Case PC14-005 5. PUBLIC HEARING AGENDA ITEMS 5a Request for a Special Use Permit for on-premise alcohol sales on Lot 3, Block 1, of the Tara Addition located at 1009 Cheek -Sparger Road, Suite 122A, Case ZC14-003 5b Request for an amendment to the Special Use Permit for a Package Store development requirements for Lot 1, Block 1, Atlantic Oil & Gas Addition located at 7990 Precinct Line Road, Case ZC14-005 6. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards April 11, 2014 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, March 24, 2014 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on March 24, 2014 at 7:12 p.m. Roll Call Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Don Davis, David Phelps, and Chairman Byerly Absent: Commissioner David Gotcher Staff Present: Ron Ruthven, Mary Elliott, Taci Wrisley, Rob McKeown, Brian Riley, Marty Wieder, Dale Crown, and Matt Butler (City Attorney) 1. APPROVAL OF MINUTES Commissioner Davis made a motion to approve the minutes as written. Commissioner Tornes seconded. The motion to approve the minutes as written carried by the following vote: Aye: 6 – Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM There were no citizen comments/presentations regarding items not on the agenda as a public hearing item. 3. PUBLIC HEARING AGENDA ITEMS 3a Request for a Special Use Permit for a wedding chapel on Lot 1R1, Block 1, of the Monterra Place Addition located at 1700 Tennison Parkway, Case ZC14-002 Mary Elliott presented the case and briefed the Commission. Commissioner Davis questioned staff regarding if Tennison Parkway ran through the subject property or if it was adjacent to it. Mary Planning and Zoning Commission Commission Minutes March 24, 2014 City of Colleyville Page 2 Elliott replied Tennison Parkway does not run through the property. Commissioner Davis stated he wondered if there would be problems with parking along Tennison Parkway and should the City install No Parking signs. The Fire Marshall came forward and stated the City would not install signs unless there was an issue. He further stated they would monitor the situation, as needed. Commissioner Tornes questioned staff regarding whether the applicant had submitted documentation on plans to mitigate noise and how would alcohol be addressed without the applicant having a permit. Mary Elliott replied with regards to the noise, the property is heavily wooded and the hours of operations had been modified to reflect the City of Colleyville’s nuisance ordinance. She also ex plained the facility would have a security guard on site during events. Chairman Byerly questioned staff regarding which uses were allowed in the CC-1 Village Retail zoning district. Mary Elliott explained the permitted uses for CC-1 Village Retail. The public hearing was opened at 7:25 p.m. The applicant was not present to address the Commission. Craig Cairns, 1617 Douglas Avenue, came forward and spoke in opposition. Dan Swart, 6811 Milton Drive, came forward and spoke in opposition. Dee Kamerman, 1521 Tennison Parkway, came forward and spoke in opposition. Gary Grosbeck, 1608 Douglas Avenue, Grace Grosbeck, 1608 Douglas Avenue, and Suresh Vashish, 1604 Douglas Avenue all wished to record their opposition but did not wish to speak. There being no one else wishing to speak, the public hearing was closed at 7:38 p.m. Commissioner Tornes questioned staff if there was a fence surrounding the property. Mary Elliott replied no. Ron Ruthven added there is open space between this property and the rest o f the development. Discussion continued between staff and the Commission regarding the Planning and Zoning Commission Commission Minutes March 24, 2014 City of Colleyville Page 3 fence requirements for the development. Commissioner Wheelwright questioned staff regarding if there were any guidelines that addressed the business allowing alcohol to be consumed at an event without actually serving it themselves. Mary Elliott replied they would still be required to obtain a permit from the Texas Alcoholic Beverage Commission (TABC). Ron Ruthven added caterers would not be allowed to provide alcohol because that would be considered a sale and would require a Special Use Permit. Discussion continued between staff and the Commission regarding the guidelines for allowing the consumption of alcohol at this facility. Commissioner Tornes questioned staff regarding the number of parking spaces available. Mary Elliott replied the same ratio used to calculate parking spaces for other community spaces was used, such as churches. Mary Elliott replied the facility has a total of 74 parking spaces, including their shared parking agreement. Commissioner Phelps stated he is not opposed to what is being proposed and was open to adding requirements where they may have been missed previously. Discussion continued between staff and the Commission regarding the options for the case moving forward. Chairman Byerly made a motion to continue Case ZC14-002 to the April 14, 2014 Planning and Zoning Commission Meeting. Commissioner Phelps seconded. The motion to continue Case ZC14-002 to the April 14, 2014 Planning and Zoning Commission Meeting carried by the following vote: Aye: 6 – Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 3b Request for a Special Use Permit for a concrete batch plant on Tract 1G, Abstract 1038 of the Hall Medlin Survey and Tracts 1A02 & 1C, Abstract 295 of the William E Crooks Survey located at 7612 & 7624 Pleasant Run Road, Case ZC14-004 Mary Elliott presented the case and briefed the Commission. The public hearing was opened at 7:57 p.m. Mark Leonard, on behalf of Gil Co. Contracting, came forward and briefed the Commission. Planning and Zoning Commission Commission Minutes March 24, 2014 City of Colleyville Page 4 Commissioner Davis questioned Mr. Leonard regarding the number of yards a regular cement truck carries. Mr. Leonard replied ten (10). He further explained it sometimes depends on the city’s requirements. Commissioner Davis questioned Mr. Leonard regarding the number of yards he was anticipating for this project. Mr. Leonard replied about 2,500 cubic yards. Discussion continued regarding the number and types of trucks that would possibly be traveling to the site. Commissioner Phelps questioned Mr. Leonard if he had any concerns regarding the roundabout at John McCain Road. Mr. Leonard replied he felt turn may be a little difficult to maneuver but had been told it would work. Discussion occurred between Commissioner Phelps and Mr. Leonard regarding possible routes. Chairman Byerly questioned Mr. Leonard regarding where the trucks would be coming from. Mr. Leonard replied Midlothian. Commissioner Phelps questioned Mr. Leonard regarding if the pr ep work would be completed prior to the arrival of material for the batch plant. Mr. Leonard replied he would have about a two (2) day head start. Commissioner Davis questioned Mr. Leonard regarding the timeline of set-up of the batch plant. Mr. Leonard replied set-up would take approximately one (1) day. He further explained it would take approximately three (3) days from start of set-up to the completion of pouring. Commissioner Tornes questioned Mr. Leonard regarding the amount of dust that is expected from the batch plant and the process for managing run-off of water or materials. Mr. Leonard replied there would be some dust but it would be a very small amount. Mr. Leonard further explained the process for the clean-out of their trucks and the batch plant itself. Thomas Schneider, on behalf of Stormcon LLC., came forward and briefed the Commission regarding the environmental aspects of the batch plant. Planning and Zoning Commission Commission Minutes March 24, 2014 City of Colleyville Page 5 There being no one else wishing to speak, the public hearing was closed at 8:11 p.m. The public hearing was re-opened at 8:12 p.m. Chris Monroe, 1500 S. White Chapel Blvd, came forward and spoke in opposition. There being no one else wishing to speak, the public hearing was closed at 8:13 p.m. Commissioner Knox made a motion to approve Case ZC14-004. Commissioner Tornes seconded. Chairman Byerly made a friendly amendment to recommend an alternate route from John McCain Road and to clarify 21 consecutive days. Commissioner Knox and Commissioner Tornes both accepted the amendments. Discussion occurred between staff and the Commission regarding potential routes. Commissioner Phelps questioned staff regarding whether or not there was language in the ordinance stating the contractor will be responsible for damage done to the roadways. Ron Ruthven replied, if proven, the contractor would be held liable. The motion to approve Case ZC14-004 with the following conditions: 1) staff consider an alternate route to John McCain Road, to Church Street, to Tinker Road 2) staff clarify 21 consecutive days carried by the following vote: Aye: 6 – Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 3c Request for a Special Use Permit for a temporary concrete batch plant on an approximate 37,500 square foot portion of 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, The John H. Havens Survey, Abstract 685, The Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734, located at the northwest corner of Heritage Avenue and Cheek Sparger Road, Case ZC14-006 Mary Elliott presented the case and briefed the Commission. Planning and Zoning Commission Commission Minutes March 24, 2014 City of Colleyville Page 6 The public hearing was opened at 8:22 p.m. Mark Leonard, on behalf of Gil Co. Contracting, came forward and briefed the Commission. There being no one else wishing to speak, the public hearing was closed at 8:23 p.m. Commissioner Phelps made a motion to approve Case ZC14- 006 with the following condition: 1) staff clarify 21 consecutive days. Commissioner Wheelwright seconded. The motion to approve Case ZC14-006 with the following condition: 1) staff clarify 21 consecutive days carried by the following vote: Aye: 6 – Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 3d Approval of amendments to Chapter 3 - Land Use, Section 3.24.B- Schedule of Permitted Uses and Section 3.24.D-Temporary Buildings and Uses in the Land Development Code, Case GC14-006 Mary Elliott presented the case and briefed the Commission. Commissioner Phelps questioned staff regarding whether there is a difference between a concrete batch plant and an asphalt batch plant. Mary Elliott replied no. Commissioner Tornes questioned staff regarding if the amendments were being made to streamline the process so that these types o f request could be approved by staff, unless there was a waiver being requested. Mary Elliott replied yes. Discussion occurred between staff and the Commission regarding possible conditions. The public hearing was opened at 8:33 p.m. There being no one wishing to speak, the public hearing was closed at 8:33 p.m. Commissioner Davis made a motion to approve Case GC14-006 with the following conditions: 1) Staff to clarify the distance requirements from residential and religious uses and adding schools to the distance requirements 2) Staff to clarify 21 consecutive days. Commissioner Tornes seconded. Planning and Zoning Commission Commission Minutes March 24, 2014 City of Colleyville Page 7 The motion to approve Case GC14-006 with the following conditions: 1) Staff to clarify the distance requirements from residential and religious uses and adding schools to the distance requirements 2) Staff to clarify 21 consecutive days carried by the following vote: Aye: 6 – Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 4. ADJOURNMENT The meeting adjourned at 8:35 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on April 14, 2014 by a vote of ______. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 04/14/2014 Number Type Public Hearing Agenda Items Department Community Development Title Request for a Special Use Permit for a wedding chapel on Lot 1R1, Block 1, of the Monterra Place Addition located at 1700 Tennison Parkway, ZC14-002 Explanation Update The Planning and Zoning Commission continued this agenda item to the April 14, 2014 meeting, since the applicant was not present at the March 24th meeting. The applicant met with the Monterra Home Owners Association board and agreed to change the outdoor venue to only allow wedding ceremonies with a maximum of 75 people, including 65 attendees and ten support staff. Outdoor evening ceremonies will conclude no later than 9:00 p.m. Receptions or party events will only be held inside. The applicant has submitted a Revised Statement of Planning Objectives reflecting these changes (see attached). The applicant has also submitted Revised Seating Layout and Outdoor Amenities (see attached) with the reference to a "possible tent location" removed from the plans. Planning and Zoning Commission - April 14, 2014 Robin Scheuerman with Monarch Photographic Corporation has submitted a request for a Special Use Permit to add a wedding chapel to an existing photography studio at 1700 Tennison Parkway. Existing Conditions and Zoning. The subject property contains an 8,946 square foot building, which is currently occupied by Monarch photography studio. The property is platted as Monterra Place Addition, Block 1, Lot 1R1. The site is zoned Planned Unit Development-Residential (PUD-R), which allows CC-1-Village Retail uses at this location. A wedding chapel is allowed in the CC-1-Village Retail zoning district with Special Use Permit approval. Statement of Planning Objectives. The request is for a Special Use Permit for a wedding chapel that will host other small venue receptions. There will be two rooms, one for 65 attendees and the other for 45 attendees. Both rooms will allow for ten support staff for any given event. The building will not exceed 125 people at one time, Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 including the support staff. Food will be catered to the site, so facilities for commercial food preparation will not be required. The owner will not hold a license to sell alcohol. Alcohol sales will require a separate Special Use Permit, if the owner chooses to sell alcohol at a later date. Six new employees will operate the facility to host events and to provide security. Hours of Operation. Events will usually occur on weekend and week night schedules when the photography studio and adjacent businesses are not in operation. Hours of operation will be 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 11:00 p.m., Friday through Saturday. Outdoor events will occur between the hours of 7:00 a.m. to 9:00 p.m., Sunday through Saturday. Parking and Access. The property is located along Tennison Parkway, west of Colleyville Boulevard. Tennison Parkway has four lanes and is divided by a landscaped median. There is an opening in the median to accommodate traffic from the driveway. There is a fire lane at the back of the property that connects to State Highway 26. There is not a specific number of parking spaces designated for this use. However, churches are also community spaces and require one space for every three seats. Using the church ratio, 42 parking spaces would be required. The site provides 39 spaces, and the owner has a shared parking agreement for 35 spaces with the adjacent property owner (attached). Surrounding Land Uses and Zoning. The property to the north is zoned CC-2- Shopping Center district and is currently vacant. The property to the east is zoned Planned Unit Development-Residential (PUD-R) and is developed for various office and service uses. The property to the south is zoned Planned Unit Development-Residential and provides drainage and open space uses for the Monterra residential subdivision. On the hard corner of Tennison Parkway and Colleyville Boulevard is Lone Star Collision, zoned Light Manufacturing (ML) district. To the south and west of the subject property are single family residences and open space uses. Master Plan. The Future Land Use Plan designates the subject property for retail uses. Retail and service uses are consistent with the Future Land Use Map and 2005 Comprehensive Plan. Public Notification. Staff mailed notices to 11 adjacent property owners within 200 feet, as well as Homeowners Associations within 500 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. There were seven letters of opposition regarding this request. Summary. The existing photography studio can adapt to the proposed use with very minor alterations to the existing facility. In addition, the site has adequate parking Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 3 spaces to accommodate the proposed use. With the median cut, the proposed use has access to Tennison Parkway in both directions. There are existing commercial and retail uses to the east of the property and open space as a buffer to the residential properties to the west. Taking these factors into account, staff recommends approval of the Special Use Permit for a wedding chapel. Recommendation Approval with the following conditions: 1. HOURS OF OPERATION a. The hours of operation for indoor events shall be as follows: Sunday – Thursday: 7:00 a.m. – 10:00 p.m. Friday – Saturday: 7:00 a.m. – 12:00 a.m. The hours of operation for outdoor events shall be as follows: Sunday – Thursday: 7:00 a.m. – 7:00 pm Friday – Saturday: 7:00 a.m. – 10:30 p.m. b. This development shall be generally consistent with the Statement of Planning Objectives, attached as Exhibit “B”. 2. PERMITTED USES a. The uses allowed by this Special Use Permit shall be for a wedding chapel. The following shall be acceptable accessory uses: birthday, graduation, anniversary or other special receptions, and conference center. b. The Special Use Permit shall automatically expire upon the abandonment of the business; change in use or upon the expiration or termination of the Certificate of Occupancy for the wedding chapel. c. The site and building layout of the wedding chapel shall generally conform to the attached, Exhibit “C” labeled as Site Plan and Floor Plan. Attachments 1.Location and Zoning Map 2.Aerial 3.Buffer Map 4.Notification List 5.Letters of Opposition 6.Revised Statement of Planning Objectives 7.Statement of Planning Objectives 8.Revised Seating Layout and Outdoor Amenities Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 4 9.Seating Layout and Outdoor Amenities 10.Shared Parking Agreement 11.Street View 12.O-98-1098 13.Ordinance O-14-XXXX MCMAKIN CT CA R R I A G E L N CA L D W E L L C R E E K D R TENNISON PKW Y PR I M R O S E L N CO L L E Y V I L L E B L V D M I L T O N D R RO S E B R O O K ROS S D O W N S D R KEN N E D Y D R BAKER CT HEATHE R M O R E Ü Subject Property Legend 200 ft buffer AG Agricultural CC-1 Village Retail CC-2 Shopping Center CC-3 Highway Commercial CN Neighborhood Commercial CP0 Professional Office ML Light Manufacturing PUD-C Planned Unit Development, Commercial PUD-R Planned Unit Development, Residential R-10 Single Family Residential (10,000 sq. ft. min) R-15 Single Family Residential (15,000 sq. ft. min) R-20 Single Family Residential (20,000 sq. ft. min) R-30 Single Family Residential (30,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) R-MF Multi-Family Residential RD Two Family Residential RE Single Family 'Estate' Residential Location and Zoning Map MCMAKIN CT CA R R I A G E L N CA L D W E L L C R E E K D R TENNISON PKW Y PR I M R O S E L N CO L L E Y V I L L E B L V D M I L T O N D R RO S E B R O O K ROS S D O W N S D R KEN N E D Y D R BAKER CT HEATHE R M O R E ÜSubject Property Legend 200 ft buffer Aerial MCMAKIN CT CA R R I A G E L N CA L D W E L L C R E E K D R TENNISON PKW Y PR I M R O S E L N CO L L E Y V I L L E B L V D M I L T O N D R RO S E B R O O K ROS S D O W N S D R KEN N E D Y D R BAKER CT HEATHE R M O R E Ü Subject Property Legend 200 ft buffer Properties within 200 ft buffer Buffer Map Owner Name Owner Address Owner City Owner StateOwner ZipSitus Address MONTERRA HOME OWNER'S ASSOC6707 BRENTWOOD STR RDFORT WORTH TEXAS76112001799 TENNISON PKWY FELLER‐DAVIS ENTERPRISES LLC3300 SPRING VALLEY DR BEDFORD TEXAS76021006900 COLLEYVILLE BLVD LFP PROPERTIES INC 7505 GLENVIEW DR STE 150RICHLAND HILLS TEXAS76180001704 TENNISON PKWY MONARCH PHOTOGRAPHIC CORP1700 TENNISON PKWY COLLEYVILLE TEXAS76034001700 TENNISON PKWY LFP PROPERTIES INC 7505 GLENVIEW DR STE 150 RICHLAND HILLS TEXAS76180 001706 TENNISON PKWY MONTERRA HOME OWNER'S ASSO6707 BRENTWOOD STAIR RDFORT WORTH TEXAS76112001690 TENNISON PKWY CAIRNS, CRAIG ETUX NANCY 1617 DOUGLAS AVE COLLEYVILLE TEXAS76034001617 DOUGLAS AVE CHESAPEAKE LAND DEV CO LLC6100 N WESTERN AVEOKLAHOMA CITY OKLAHOMA73118001701 JOHN MCCAIN RD CHESAPEAKE LAND DEV CO LLC6100 N WESTERN AVEOKLAHOMA CITY OKLAHOMA73118006900 COLLEYVILLE BLVD LONE STAR COLLISON LTD 6804 COLLYVILLE BLVD COLLEYVILLE TEXAS 76034006804 COLLEYVILLE BLVD MONTERRA HOME OWNER'S ASSOC6707 BRENTWOOD STR RDFORT WORTH TEXAS76112001699 TENNISON PKWY CTAJ LTD 6904 COLLYVILLE BLVD COLLEYVILLE TEXAS76034006904 COLLEYVILLE BLVD GRAPEVINE‐COLLEYVILLE ISD3051 IRA E. WOODS AVEGRAPEVINETEXAS76051COURTESY NOTICE Monterra HOA, Daniel Swart6811 MILTON DRIVE COLLEYVILLE TEXAS76034COURTESY NOTICE Monterra HOA, Michelle Williams4113 GATEWAY DRIVE #100COLLEYVILLE TEXAS76034COURTESY NOTICE Robin Sheuerman, Applicant 1700 TENNISON PKWY COLLEYVILLE TEXAS76034APPLICANT Public hearing notices were mailed  Fri., Mar. 7, 2014 by Taci Wrisley Notification List Letters of Opposition Letters of Opposition Letters of Opposition Letters of Opposition Letters of Opposition Monarch Photographic Corp 1700 Tennison Parkway Colleyville, TX 76034 MONTERRA PLACE SUP Statement of Planning Objectives Concept The Monarch Photographic Corporation currently operates the metroplex’s largest facility at our “Marcel’s at Monterra” studios, located along Bear Creek, one block west from Colleyville Boulevard on Tennison Parkway in the Monterra Place Addition. Our company has provided graduating senior photography services to school districts since 1962. The facility covers nearly 9000 sq. ft. on a 2 acre site on Bear Creek. Indoors, the studio is quite elegant complete with chandelier, 25 ft. ceiling, baby grand piano, dressing areas, sunroom and kitchenette on the west side. The east side space is utilized as overflow studio and additional proposed venue space. Our outdoor portrait park contains a half-acre wildflower garden, year round stream, gazebo, archways, terraces, waterfall, and large lawn to facilitate superior imaging. Because of the picturesque setting, we are often beset with requests to hold special events at this location from our clients, their families, and school groups seeking banquet locations. Market Research Citing a lack of small event venues in the City of Colleyville, our feedback from the public has been quite favorable. The location is far removed from both busy roads and residential neighborhoods, separated by a natural stream corridor, and is a pleasing respite for the passing motorists entering the Monterra subdivision. We foresee a highly sought after venue that will generate funding to further develop the garden spot we have created. Conversion Activity and Occupancy With the SUP dual use designation, we will be converting space in two (of four) camera rooms. There will be no construction involved in the conversion of the rooms, other than rearranging of sets, screening those that remain, setting up tables and seating, and cleaning. Including the hosts and support staff, proposed occupancy of the west side studio is 75 people (including 10 support staff). The east side space is event ready for parties of 55 (including support staff). The facility possesses 39 parking spaces and has secured a shared parking arrangement with the adjacent property owner for 35 more. There is also additional street side parking on the unnamed road at the rear of the complex, outside of the fire lane. Outdoor events will be available to the extent they do not interfere with our photographic sets. Clients will be given their choice of sets (gazebo, waterfall, arch, or patio) for outdoor ceremonies. Maximum attendance for the outdoor ceremonies is 65 people. Outdoor operation hours are between 7:00 am and 9:00 pm to comply with Code of Ordinances, Article II, Section 42.27. Late night or early morning cleaning crews may be present indoors as need arises. The facility will not apply for TABC licenses at this time, and will not sell alcoholic beverages. All catering, florist, and equipment services will be supplied from off-site contractors. Revised Statement of Planning Objectives Economic Development Operation of the facility will require the hiring of six new employees to set up/ tear down, host events, and provide security. Traffic through the facility will likely increase from the 5,000 annual visits occurring currently, to perhaps 10,000 visits annually. Events likely occur on weekend/ weeknight schedules when the studio and adjacent businesses are not in operation, so impacts on traffic will be nominal. Indoor events will be completed by 10:00 pm weeknights and 11:00 pm on weekends. Once both venues are 100% utilized we estimate the additional revenues to the facility to generate $16850 in additional sales tax revenues to the city (2%). Negotiated Concessions The SUP was revised on 4-8-14 to reflect good faith negotiations with area residents. The following concessions were made to the board of The Monterra Neighborhood Association. Outdoor events, once estimated to host 125 guests has been rescinded to terms below. It was agreed that the only outdoor operations would be wedding ceremonies as requested in the garden area of the client’s choice. Subsequent receptions and parties will be relocated to the indoor areas with all outdoor night-time activities to end by 9:00 pm. The staff will utilize existing lighting as needed to restore the grounds. It was agreed that this reduction of the proposed outdoor occupancy would contribute significantly to the concerns of noise and traffic as voiced in earlier hearings. Marcel’s at Monterra has agreed to attend homeowner’s association meetings as requested to work together to address any unforeseen issues that may arise. We affirmed our commitment to enhance the neighborhoods gateway as the center grows, adding aesthetic improvements and privacy safeguards for both neighbors and clients. We agree to maintain the friendly cooperation with the neighborhood park and creek area on adjoining property lines, and foresee no changes to the use of these areas by the neighborhood.   Revised Statement of Planning Objectives Monarch Photographic Corp 1700 Tennison Parkway Colleyville, TX  76034 MONTERRA PLACE SUP Statement of Planning Objectives Concept The Monarch Photographic Corporation currently operates the metroplex’s largest facility at our  “Marcel’s at Monterra” studios, located along Bear Creek, one block west from Colleyville  Boulevard on Tennison Parkway in the Monterra Place Addition. Our company has provided  graduating senior photography services to school districts since 1962. The facility covers nearly  9000 sq. ft. on a 2 acre site on Bear Creek. Indoors, the studio is quite elegant complete with  chandelier, 25 ft. ceiling, baby grand piano, dressing areas, sunroom and kitchenette on the west  side. The east side space is utilized as overflow studio and additional proposed venue space.  Our outdoor portrait park contains a half­acre wildflower garden, year round stream, gazebo,  archways, terraces, waterfall, and large lawn to facilitate superior imaging. Because of the  picturesque setting, we are often beset with requests to hold special events at this location from  our clients, their families, and school groups seeking banquet locations. Market Research Citing a lack of small event venues in the City of Colleyville, our feedback from the public has  been quite favorable. The location is far removed from both busy roads and residential  neighborhoods, separated by a natural stream corridor, and is a pleasing respite for the passing  motorists entering the Monterra subdivision. We foresee a highly sought after venue that will  generate funding to to further develop the garden spot we have created. Conversion Activity and Occupancy With the SUP dual use designation, we will be converting space in two (of four) camera rooms.  There will be no construction involved in the conversion of the rooms, other than rearranging of  sets, screening those that remain, setting up tables and seating, and cleaning. Including the hosts and support staff, proposed occupancy of the west side studio is 75 people.  The east side space is event ready for parties of 55 (including support staff). The facility  possesses 39 parking spaces and has secured shared arrangements with the adjacent property  owner for 35 more. There is also additional streetside parking on the unnamed road at the rear of  the complex.  Outdoor events will be available to the extent they do not interfere with our photographic sets. A  proposed tent site is indicated at the rear of the building to minimize neighborhood noise and  maximize privacy. Clients will be given their choice of sets (gazebo, waterfall, arch, or patio) for  fair weather ceremonies. Maximum occupancy for the grounds is 125 people. Operation hours  between 7:00 am and 10:30 pm comply with Code of Ordinances  Article II, Section 42.27. We  forsee early event preparations beginning from 11:00 ­3:00, and evening events 4:30 ­9:30. The  facility will not apply for TABC licenses at this time, and will not offer alcoholic beverages. All  catering, florist, and equipment services will be supplied from off­site contractors. Economic Development Operation of the facility will require the hiring of six new employees to set up/ tear down, host  events, and provide security. Traffic through the facility will likely double, bringing the total  number of visitors to Colleyville up to approximately 10,000 annually. Events will occur on  weekend/ weeknight schedules when the studio and adjacent businesses are not in operation,  so impacts on traffic will be nominal. Indoor events will be completed by 10:00 pm weeknights  and 12:00 am on weekends. Once both venues are 100% utilized we estimate the additional  revenues to the facility to generate $16850 in additional sales tax revenues to the city (2%). Revised Se a t i n g L a y o u t a n d O u t d o o r A m e n i t i e s Se a t i n g L a y o u t a n d O u t d o o r A m e n i t i e s Shared Parking Agreement Shared Parking Agreement Shared Parking Agreement Shared Parking Agreement   St r e e t V i e w ORDINANCE O-14-XXXX AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1R1, BLOCK 1 OF THE MONTERRA PLACE ADDITION, LOCATED AT 1700 TENNISON PARKWAY, BY AUTHORIZING A SPECIAL USE PERMIT FOR A WEDDING CHAPEL; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC14-002; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices Ordinance O-14-XXXX Page 2 of 9 by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 1R1, Block 1 of Monterra Place Addition, located at 1700 Tennison Parkway, by authorizing a Special Use Permit for a wedding chapel, as depicted on Exhibit “A,” labeled as Location and Zoning Map. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. HOURS OF OPERATION AND MAXIMUM NUMBER OF ATTENDEES a. The hours of operation and maximum number of attendees for indoor receptions and party events shall be as follows: Sunday – Thursday: 7:00 a.m. – 10:00 p.m. Friday – Saturday: 7:00 a.m. – 11:00 p.m. The maximum number of attendees for indoor events is 125 people at any one time. b. The hours of operation and maximum number of attendees for outdoor wedding ceremonies shall be as follows: Sunday – Saturday: 7:00 a.m. – 9:00 pm The maximum number of attendees for outdoor events is 65 people. Ordinance O-14-XXXX Page 3 of 9 c. This development shall be generally consistent with the Statement of Planning Objectives, attached as Exhibit “B”. 2. PERMITTED USES a. The uses allowed by this Special Use Permit shall be for a wedding chapel. The following shall be acceptable accessory uses: birthday, graduation, anniversary or other special receptions or party events. b. The Special Use Permit shall automatically expire upon the abandonment of the business; change in use or upon the expiration or termination of the Certificate of Occupancy for the wedding chapel. c. The site and building layout of the wedding chapel shall generally conform to the attached, Exhibit “C” labeled as Seating Layout and Outdoor Amenities. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public Ordinance O-14-XXXX Page 4 of 9 interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted by City Council on the 6th day of May 2014. The second reading and public hearing being conducted by City Council on the 13th day of May 2014. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2014. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A –Location and Zoning Map Exhibit B–Statement of Planning Objectives (1 of 2) Monarch Photographic Corp 1700 Tennison Parkway Colleyville, TX 76034 MONTERRA PLACE SUP Statement of Planning Objectives Concept The Monarch Photographic Corporation currently operates the metroplex’s largest facility at our “Marcel’s at Monterra” studios, located along Bear Creek, one block west from Colleyville Boulevard on Tennison Parkway in the Monterra Place Addition. Our company has provided graduating senior photography services to school districts since 1962. The facility covers nearly 9000 sq. ft. on a 2 acre site on Bear Creek. Indoors, the studio is quite elegant complete with chandelier, 25 ft. ceiling, baby grand piano, dressing areas, sunroom and kitchenette on the west side. The east side space is utilized as overflow studio and additional proposed venue space. Our outdoor portrait park contains a half-acre wildflower garden, year round stream, gazebo, archways, terraces, waterfall, and large lawn to facilitate superior imaging. Because of the picturesque setting, we are often beset with requests to hold special events at this location from our clients, their families, and school groups seeking banquet locations. Market Research Citing a lack of small event venues in the City of Colleyville, our feedback from the public has been quite favorable. The location is far removed from both busy roads and residential neighborhoods, separated by a natural stream corridor, and is a pleasing respite for the passing motorists entering the Monterra subdivision. We foresee a highly sought after venue that will generate funding to further develop the garden spot we have created. Conversion Activity and Occupancy With the SUP dual use designation, we will be converting space in two (of four) camera rooms. There will be no construction involved in the conversion of the rooms, other than rearranging of sets, screening those that remain, setting up tables and seating, and cleaning. Including the hosts and support staff, proposed occupancy of the west side studio is 75 people (including 10 support staff). The east side space is event ready for parties of 55 (including support staff). The facility possesses 39 parking spaces and has secured a shared parking arrangement with the adjacent property owner for 35 more. There is also additional street side parking on the unnamed road at the rear of the complex, outside of the fire lane. Outdoor events will be available to the extent they do not interfere with our photographic sets. Clients will be given their choice of sets (gazebo, waterfall, arch, or patio) for outdoor ceremonies. Maximum attendance for the outdoor ceremonies is 65 people. Outdoor operation hours are between 7:00 am and 9:00 pm to comply with Code of Ordinances, Article II, Section 42.27. Late night or early morning cleaning crews may be present indoors as need arises. The facility will not apply for TABC licenses at this time, and will not sell alcoholic beverages. All catering, florist, and equipment services will be supplied from off-site contractors. Exhibit B-Statement of Planning Objectives (2 of 2) Economic Development Operation of the facility will require the hiring of six new employees to set up/ tear down, host events, and provide security. Traffic through the facility will likely increase from the 5,000 annual visits occurring currently, to perhaps 10,000 visits annually. Events likely occur on weekend/ weeknight schedules when the studio and adjacent businesses are not in operation, so impacts on traffic will be nominal. Indoor events will be completed by 10:00 pm weeknights and 11:00 pm on weekends. Once both venues are 100% utilized we estimate the additional revenues to the facility to generate $16850 in additional sales tax revenues to the city (2%). Negotiated Concessions The SUP was revised on 4-8-14 to reflect good faith negotiations with area residents. The following concessions were made to the board of The Monterra Neighborhood Association. Outdoor events, once estimated to host 125 guests has been rescinded to terms below. It was agreed that the only outdoor operations would be wedding ceremonies as requested in the garden area of the client’s choice. Subsequent receptions and parties will be relocated to the indoor areas with all outdoor night-time activities to end by 9:00 pm. The staff will utilize existing lighting as needed to restore the grounds. It was agreed that this reduction of the proposed outdoor occupancy would contribute significantly to the concerns of noise and traffic as voiced in earlier hearings. Marcel’s at Monterra has agreed to attend homeowner’s association meetings as requested to work together to address any unforeseen issues that may arise. We affirmed our commitment to enhance the neighborhoods gateway as the center grows, adding aesthetic improvements and privacy safeguards for both neighbors and clients. We agree to maintain the friendly cooperation with the neighborhood park and creek area on adjoining property lines, and foresee no changes to the use of these areas by the neighborhood. Exhibit C – Seating Layout and Outdoor Amenities City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4a Agenda Date 04/14/2014 Number Type Regular Agenda Items Department Community Development Title Approval of the updated bylaws for the Planning and Zoning Commission Explanation All boards, commissions and committees were asked to review and update their current bylaws and to submit them in a new uniformed template provided by the City Secretary's office. Since the Planning and Zoning Commission did not have specific bylaws outlined, staff has incorporated the approved Rules of Procedure (attached to this agenda briefing) into this new bylaw template. The proposed bylaws for the Planning and Zoning Commission is attached for the consideration of approval. Once approved, the new bylaws will be presented to City Council for their approval. Attachments 1.Planning and Zoning Commission Rules of Procedure 2.Proposed Planning and Zoning Commission Bylaws RULES OF PROCEDURE PLANNING AND ZONING COMMISSION OF THE CITY OF COLLEYVILLE, TEXAS ARTICLE I – DECLARATION OF POLICY It is hereby declared to be the policy of the Planning and Zoning Commission of the City of Colleyville, Texas that members are appointed to serve the City of Colleyville and the community. Members of the Commission are to attend and participate in the proceedings of the Commission. The Commission shall conduct itself in accordance with all applicable law. ARTICLE II - ORGANIZATION Section A. Officers. The officers of the Commission shall be a Chairman and a Vice-Chairman. The membership of the Commission shall be in accordance with Article XI, Section 11.01 of the Charter of the City of Colleyville. The Commission shall elect its Chairman and Vice-Chairman from among its members once a year, at its first regular meeting following the appointment of its new members, or as deemed necessary. 1. The Chairman shall preside at all meetings. The Chair shall rule on all procedural matters, subject only to being over-ridden by the contrary vote of 4 Commission members. The Chairman shall call special meetings as may be needed for the orderly conduct of the business of the Commission. The Chairman also signs the minutes of each meeting of the Commission and all Plats. 2. The Vice-Chairman shall preside at commission meetings in the absence of the Chairman and shall fulfill all the duties of the Chairman. Should the Chairman resign, or that office become vacant for other reasons, the Vice-Chairman shall act as Chairman until election of a new Chairman. 3. The Commission shall appoint a Recording Secretary to record the minutes of the proceedings of every meeting. The appointment shall be made at time of re-election of officers. ARTICLE III - MEETINGS Section A. Arrangements 1. Time and Place. The regular meeting place of the Commission shall be in the Council Chamber in the City Hall. The Commission shall, from time to time, set a schedule for its regular meetings which shall not occur less frequently than once a month. Special meetings may be called by the Commission or by its Chairman. All meetings shall be open to the public. 1 2. Quorum. Four (4) members present shall be necessary to constitute a quorum of the Commission. 3. Preparation. The Chairman shall secure from staff all such materials and analyses as may be useful to the Commission in considering any matter before it. 4. Work Session. Work sessions of the Commission shall be at the call of the Chairman. The meeting place for work sessions shall be at the discretion of the Chairman. All work sessions shall be open to the public. 5. Representation. Any person seeking a change in zoning or presenting any other matter to the Commission shall appear before the Commission in person, by agent, or by attorney. .6. Except as legally permitted executive sessions discussions, all deliberations of the Commission shall be conducted, and all of its decisions shall be made, at a meeting that is open to the public. Section B. Conduct of Meeting. 1. Hearings. a. The Chairman shall call for each application or proposal. The Chairman shall read the public notice and request staff to present the facts on the application or proposal. The Chairman will subsequently open a public hearing. b. The applicant and any experts, invited by the applicant, of said application shall have up to 20 minutes to present their case for adoption of their application. c. The Commission shall hear other interested parties, individually and separately. Each person shall be allowed no more than five (5) minutes to address the Commission. No questions nor debate shall be permitted during the public hearing. d. The applicant shall be permitted up to a five (5) minute rebuttal. e. Following the rebuttal, the Commission may direct questions to the applicant, proponents, opponents or staff. f. The Chairman may request a recommendation from the city staff. g. The public hearing shall then be closed by the Chairman after which the applicant or citizens may NOT present additional testimony unless the public hearing is reopened by the Commission. Section C. Voting Procedure. 2 1. To call a measure for vote requires a motion being made and the same motion being seconded. Once made and seconded, debate shall follow. Once made and seconded, a motion can only be disposed of by a vote of the Commission, unless both the movant and the second agree to either revise or withdraw the motion. 2. When the question is put to a vote, the Chairman shall call the roll with each member answering "Aye," or "Nay," or "Not Voting." Consistent with the City Charter, the affirmative vote of at least 4 members of the Commission is required to take any action. Any member of the Commission “Not Voting” shall give a statement of his reason for not voting. On completion of the roll call, the Chairman shall announce the results and the effect of the motion. 3. The Planning and Zoning Commission shall comply with all applicable conflict of interest laws. 4. Members shall not leave the meeting table to discuss pending matters with members of the audience, nor shall members of the audience discuss matters with individual Commission members during the meeting. ARTICLE IV - AMENDMENTS These rules of procedure may be amended after introduction of the proposed amendment at a regular meeting and voted upon at the next meeting and shall become effective upon an affirmative vote of the Commission. ~~ PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF COLLEYVILLE ON THE 2nd DAY OF November, 2006. (AMENDED THE RULES OF PROCEDURE PREVIOUSLY APPROVED ON THE 27TH DAY OF JULY, 1987, and amended on October 23, 2000.) ~~ ADOPTED: ATTESTED: Signed: Jeff Byerly Signed: Amy Shelley ___________________________ ___________________________ Chairman Board Secretary Filed in the Office of the City Secretary this __27___ day of ___November _, 2006. Signed: Cynthia Singleton ___________________________ City Secretary 3 PLANNING AND ZONING COMMISSION BYLAWS ARTICLE I – Identification and Purpose The Planning and Zoning Commission was established by the City Council of Colleyville, Texas, by Ordinance 08 on May 18, 1956; however, several amendments to this ordinance have been approved and codified through the Colleyville City Charter and the Colleyville Code of Ordinances. The purpose of the Planning and Zoning Commission is to act as an advisory board to the City Council relating to all physical development, proposed changes to zoning, the platting and/or the subdividing of land in the City. ARTICLE II – Membership 2.1The Planning and Zoning Commission shall consist of seven (7) members, who shall be appointed by the City Council for a two (2) year term; three (3) members shall be appointed each odd-numbered year and four (4) members shall be appointed each even-numbered year. Places on the Planning and Zoning Commission shall be numbered one (1) through seven (7). 2.2Members must be residents of Colleyville, Texas, unless City Council waives the residency requirement. 2.3Members shall serve without compensation and until their successors are appointed. 2.4Vacancies created by resignation, removal by vote of a majority of the City Council, or by any other reason, shall be filled by the City Council for the remainder of the term. 2.5If a member of the Planning and Zoning Commission fails to maintain a seventy-five percent (75%) attendance record for all regularly scheduled meetings, the Chairman or staff liaison, will notify the City Secretary. City Council may, at its discretion, declare a vacancy, advertise the open position, or appoint a replacement without advertising. Planning and Zoning Commission Bylaws Page 2 of 6 ARTICLE III – Officers 3.1The officers of the Planning and Zoning Commission shall be the Chairman and the Vice-Chairman. 3.2 The Planning and Zoning Commission shall elect the Chairman and Vice- Chairman from among the members once a year, at the first regular meeting following the appointment of the new members, or as deemed necessary. 3.3 The Chairman shall preside at all meetings and be a voting member. The Chairman shall rule on all procedural matters, subject only to being over-ridden by the contrary vote of four (4) Planning and Zoning Commission members. 3.4The Chairman shall call special meetings and/or work sessions as may be needed for the orderly conduct of the business of the Planning and Zoning Commission. 3.5The Chairman shall sign all plats approved by the Planning and Zoning Commission. 3.6The Vice-Chairman shall preside at Planning and Zoning Commission meetings in the absence of the Chairman, and shall fulfill all of the duties of the Chairman. Should the Chairman resign, or that office become vacant for other reasons, the Vice-Chairman shall act as Chairman until the election of a new Chairman. 3.7The Planning and Zoning Commission shall appoint a Recording Secretary to record the minutes of the proceedings of every meeting. This appointment shall be made at the time of the election of the officers. The Recording Secretary is usually a staff member. ARTICLE IV – Duties and Responsibilities 4.1The Planning and Zoning Commission shall be responsible to and act as an advisory body to the City Council, and shall have and perform such additional duties as may be prescribed by ordinance. 4.2The Planning and Zoning Commission recommends a City plan for the physical development of the City. Planning and Zoning Commission Bylaws Page 3 of 6 4.3The Planning and Zoning Commission recommends approval or disapproval of proposed changes in the Zoning Plan. 4.4The Planning and Zoning Commission exercises control over the platting or subdividing of land within the corporate limits of the City and outside same corporate limits to the extent authorized by state law; provided, however, this grant of authority shall not limit the City Council’s right to provide that the City Council shall have final approval of plats, as provided by state law. 4.5The Master Plan for the physical development of the City of Colleyville shall contain the Planning and Zoning Commission’s recommendation for growth, development, and beautification of the City. A copy of the Master Plan, or any part thereof, shall be forwarded to the City Council, which may adopt this plan in whole or in parts, and may adopt any amendment thereto after at least one (1) public hearing on the proposed action. The Planning and Zoning Commission shall act on such plan, or part thereof, and again forward it to the City Council for consideration. 4.6 All amendments to the Master Plan recommended by the Planning and Zoning Commission shall be submitted in the same manner as outlined above to the City Council for approval, and all other recommendations affecting the Master Plan shall be accompanied by a recommendation from the Planning and Zoning Commission. 4.7Upon adoption of the Master Plan by the City Council, no subdivision, street, park, or any public way, ground, or space, public building, or structure, or public utility, whether publicly or privately owned, which is in conflict with the Master Plan shall be constructed or authorized, by the City until and unless the location and extended thereof shall have been submitted to the Planning and Zoning Commission and approved by the City Council. In case of Planning and Zoning Commission disapproval, they shall communicate their reasons to the City Council, which shall have the power to overrule such disapproval. The widening, narrowing, relocating, vacating, or change in the use of any street, alley, or public way, or ground, or sale of any public building, or real property, shall be subject to similar submission and approval of the Planning and Zoning Commission, and failure to approve may be similarly overruled by the City Council. 4.8The Planning and Zoning Commission members will take the Attorney General Texas Open Meetings Act on-line training course, available at Planning and Zoning Commission Bylaws Page 4 of 6 this link: http://www.oag.state.tx.us/open/og_training.shtml#22; or the member may obtain a DVD of the training course from the City Secretary, and provide a copy of the Certificate of Course Completion to the City Secretary. The training must be completed no later than the 90th day, after the date the member takes the oath of office, or otherwise assumes responsibilities as a member of the governmental body. ARTICLE V – Meetings 5.1Regular meetings shall be held not less than once a month at City Hall, located at 100 Main Street. Regular, special, or work session meeting date, time, and location may be changed as necessary. 5.2Except as legally permitted executive session discussions, all deliberations of the Planning and Zoning Commission shall be conducted, and all of its decisions shall be made, at a meeting that is open to the public. 5.3A majority of the members shall constitute a quorum; however, no action shall be approved with less than four (4) affirmative votes. 5.4Meeting agendas will be posted on the City Hall bulletin boards, and the City’s website 72 hours prior to a meeting. Meeting agenda packets will be available to the public on the City’s website 72 hours prior to a meeting. 5.5Approved meeting minutes will be included in the City Council agenda packets under Reports. 5.6The Chairman shall secure from staff all such materials and analyses as may be useful to the Planning and Zoning Commission in considering any matter before it. 5.7Any person seeking a change in zoning, or presenting any other matter to the Planning and Zoning Commission shall appear before the Planning and Zoning Commission in person, by agent, or by attorney. ARTICLE VI – Conduct of Meetings 6.1The Chairman shall call for each application or proposal. The Chairman shall read the public notice and request staff to present the facts on the application or proposal. The Chairman will subsequently open a public hearing. Planning and Zoning Commission Bylaws Page 5 of 6 6.2The applicant and any experts, invited by the applicant, of said application shall have up to 20 minutes to present their case for adoption of their application. 6.3The Planning and Zoning Commission shall hear other interested parties, individually and separately. Each person shall be allowed no more than five (5) minutes to address the Planning and Zoning Commission. No questions nor debate shall be permitted during the public hearing. 6.4The applicant shall be permitted up to a five (5) minute rebuttal. 6.5Following the rebuttal, the Planning and Zoning Commission may direct questions to the applicant, proponents, opponents, or staff. 6.6The Chairman may request a recommendation from staff. 6.7The public hearing shall then be closed by the Chairman after which the applicant or citizens may NOT present additional testimony unless the public hearing is reopened by the Planning and Zoning Commission. ARTICLE VII – Voting Procedure 7.1To call a measure for vote requires a motion being made and the same motion being seconded. Once made and seconded, debate shall follow. Once made and seconded, a motion can only be disposed of by a vote of the Planning and Zoning Commission, unless both the movant and the second agree to either revise or withdraw the motion. 7.2When the question is put to a vote, the Chairman shall call the roll with each member answering “Aye,” or “Nay” or “Not Voting.” Consistent with the City Charter, the affirmative vote of at least four (4) members of the Planning and Zoning Commission is required to take any action. Any member of the Planning and Zoning Commission “Not Voting” shall give a statement of his reason for not voting. On completion of the roll call, the Chairman shall announce the results and the effect of the motion. 7.3The Planning and Zoning Commission shall comply will all applicable conflict of interest laws. Planning and Zoning Commission Bylaws Page 6 of 6 7.4The Planning and Zoning Commission members shall not leave the meeting table to discuss pending matters with members of the audience, nor shall members of the audience discuss matters with individual Planning and Zoning Commission members during the meeting. ARTICLE VIII – Amendments 8.1These bylaws may be amended by a majority vote at any regular meeting, if all members have been notified of the proposed amendment(s) 72 hours prior to such meeting. Amendment(s) must be in compliance with applicable City ordinances and the Colleyville City Charter. 8.2The bylaw amendment(s) shall become effective upon an affirmative vote of the Planning and Zoning Commission. 8.3Approved bylaw amendment(s) will be included in the City Council agenda packets under Consent. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 04/14/2014 Number Type Regular Agenda Items Department Community Development Title Request for a vacating plat on Lot 13-R, Block 8, of the Oak Crest Hills Addition located at 313 Oak Valley Drive, Case PC14-005 Explanation Ryan Panno, the applicant, is requesting approval of a vacating plat in order to revert Lot 13R, Block 8, Oak Crest Hills Addition to the original four single family lots on 2.496 acres, located at 313 East Oak Valley Drive approved as part of the original Oak Crest Hills Addition plat on April 12, 1966 (attached). The applicant is requesting the vacating plat in order to construct four single family detached homes on the subject property. The subject property fronts East Oak Valley Drive and Bransford Road and is currently vacant. The property was previously the site of the Colleyville City Hall building before the current City Hall was constructed. Zoning. The subject property is zoned R-20-Single Family Residential district. Lot Dimensions and Setbacks. The R-20-Single Family Residential zoning regulations require a minimum lot size of 20,000 square feet with a minimum lot width of 100 feet, and lot depth of 125 feet. Per Section 3.24 G, Schedule of District Regulations, the following residential zoning standards apply: Minimum Front Yard Setback: 30 feet Minimum Side Yard Setback: 10 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 30 percent Although the lot widths are slightly less than 100 feet at the front property lines along East Oak Valley Drive, they are 100 feet in width at the 30 foot front building line. According to the Land Development Code, lot width is measured at the front building line. History of Property. The subject properties were replatted, per the attached replat, on August 26, 1985 in order to place the City Hall building on the property. The City Hall building was then demolished in 2003 given the opening of the current City Hall building at 100 Main Street. The property has been vacant since 2003. On December Planning and Zoning Commission Agenda Briefing 4b City of Colleyville Page 2 17, 2013, the City Council approved the sale of the subject property to the applicant under Resolution R-13-3697 (attached). Among other conditions, the sale of the property is contingent upon the approval of a vacating plat for the property. Request for Waiver. The applicant is requesting a waiver to the 15 foot right-of-way dedication requirement for Bransford Road. Bransford Road is designated as a Major Collector (Four Lane) on the Master Thoroughfare Plan, which requires 80 feet of right- of-way. Therefore, as part of the platting process, 40 feet of right-of-way is required to be dedicated west of the centerline of Bransford Road for the subject property. When the original plat was approved, Bransford Road required only a 50 foot right-of-way, which is why the original lot configuration exists as proposed. The reason for the waiver request is that, although the plat is a vacating plat and is proposing to bring back the original lot configuration, the plat must meet all current Land Development Code requirements. Tree Preservation. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree survey, preservation and mitigation plan is required upon approval of the final plat for the property. Development Fees. Park land dedication fees are required, in the amount of $1,802 per residential lot, for the four lots where new homes are proposed. Park land dedication fees are due at the time of final plat and must be paid before the final plat is recorded with the County Clerk's office. Roadway impact fees are due in the amount of $4,941 per residential lot, at the time of the building permit application, which will total $29,646 for the proposed development. Water and wastewater impact fees are due at the time of the building permit application. Fees for a typical 5/8 inch meter are $2,491 for the water impact fee, and $643 for the wastewater impact fee. Summary. The Oak Crest Hills Addition Vacating Plat complies with the requirements of the Land Development Code with the exception of the right-of-way dedication requirement for Bransford Road. Given the waiver request, staff recommends denial due to technical non-compliance with the Land Development Code. Recommendation Denial Attachments 1.Location and Zoning Map 2.Aerial 3.Vacating Plat Planning and Zoning Commission Agenda Briefing 4b City of Colleyville Page 3 4.Oak Crest Hills Final Plat 5.Oak Crest Hills Replat Lot 13-R 6.Resolution R-13-3697 BR A N S F O R D R D TIMBERLINE DR N FIELD ST EUDALY DR E OAK VALLEY DR 309 400 217 309 213 404 5318 308 400 509 216 300 509 401 313 505 500 412 407 212 513 301 316 504 304 511 5314 505 312 209 313305 405 304 512 208 503 501 501 404 205 408 504 508 512 5316 508 204 305 500 308 Subject Property ÜLegend AG Agricultural CC-1 Village Retail CC-2 Shopping Center CC-3 Highway Commercial CN Neighborhood Commercial CP0 Professional Office ML Light Manufacturing PUD-C Planned Unit Development, Commercial PUD-R Planned Unit Development, Residential R-10 Single Family Residential (10,000 sq. ft. min) R-15 Single Family Residential (15,000 sq. ft. min) R-20 Single Family Residential (20,000 sq. ft. min) R-30 Single Family Residential (30,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) R-MF Multi-Family Residential RD Two Family Residential RE Single Family 'Estate' Residential Location and Zoning Map BR A N S F O R D R D TIMBERLINE DR N FIELD ST EUDALY DR E OAK VALLEY DR 309 400 217 309 213 404 5318 308 400 509 216 300 509 401 313 505 500 412 407 212 513 301 316 504 304 511 5314 505 312 209 313305 405 304 512 208 503 501 501 404 205 408 504 508 512 5316 508 204 305 500 308 Subject Property Ü Aerial Va c a t i n g P l a t Oa k C r e s t H i l l s F i n a l P l a t Oak Crest Hills Replat Lot 13-R RESOLUTION R-13-3697 A RESOLUTION APPROVINGCITY COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF DECEMBER 17, 2013 WHEREAS, following discussion in Executive Session, and in full accordance with therequirements of the Open MeetingsAct, the City Council determines that the following action is in the best interests of the health, safety and welfareof the public; and WHEREAS, the City solicited sealedbids for the potential sale of a parcel of land owned by the City of Colleyville, consisting of 2.5 acres, located on Lot 13R, Block 8, of the Oak Crest Hills Addition, 313 Oak Valley Drive; and WHEREAS, the minimum bid requirement was $834,000, an amount which exceeds the City's appraised value for the parcel; and WHEREAS, the City opened sealed bids on Monday, December 9, 2013, at 2:00 p.m. and the highest bid for the parcel was in theamount of 836,460. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the above findings arefound to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT the sale of the parcel on Lot 13R, Block 8, of the Oak Crest Hills Addition, 313 Oak Valley Drive, in the amount of$836,460, to Gary Panno Inc., is hereby approved. Sec. 3. THAT the city manager is authorizedto execute all associated documents for the transaction. AND IT IS SO RESOLVED. Resolution R-13-3697 Page 2of2 APPROVED BY A VOTE OF 1 AYES, 0 NAYS AND D ABSTENTIONS ON THIS THE 17TH DAY OF DECEMBER 2013. TTEST: CITY OF COLLEYVILLE S YI Amy 0 elle TRMC Davi Kelld Y City Secretary Mayor City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 04/14/2014 Number Type Public Hearing Agenda Items Department Community Development Title Request for a Special Use Permit for on-premise alcohol sales on Lot 3, Block 1, of the Tara Addition located at 1009 Cheek-Sparger Road, Suite 122A, Case ZC14-003 Explanation The applicant, Beatriz Dickson, has submitted a request for a Special Use Permit (SUP) to allow alcoholic beverage sales for on-premise consumption at 1009 Cheek Sparger Road, Suite 122A. The subject property, Tara Village Shopping Center, is zoned CC-1- Village Retail district and is comprised of different businesses and vacant space totaling 39,902 square feet. The proposed space will be developed as a restaurant. Alcoholic beverage sales for on-premise consumption are allowed in the CC-1-Village Retail zoning district with the approval of a SUP-Special Use Permit. Existing Conditions. The subject business will occupy 5,200 square feet of a suite in the middle portion of the building that was previously used as a restaurant with alcohol sales. A copy of the ordinance for the previous Special Use Permit for on-premise alcohol sales is attached (Ordinance O-97-1064). Currently, there are retail and office uses occupying neighboring suites, along with some vacant space. Proposed Restaurant. The applicant is proposing to open a new restaurant named Ana's Mexican Grill. The applicant will make minor alterations to the interior of the suite, with an application for a Certificate of Occupancy pending. The proposed site plan, floor plan, and business plan information have been added to the agenda briefing. Parking. The Land Development Code requires one parking space per 100 square feet of gross floor area for a restaurant use. Given the size of the proposed restaurant, the applicant is required to have 52 parking spaces. Tara Village Shopping Center has 230 parking spaces; therefore, the use meets the requirements of the Land Development Code. The remaining uses for the property are a mix of office and retail uses. The Land Development Code requires one (1) parking space per 200 square feet for general retail use, and one (1) parking space per 300 square feet for general office use. Using the most restrictive ratio of one (1) space for every 200 square feet, the required Planning and Zoning Commission Agenda Briefing 5a City of Colleyville Page 2 parking for the entire property is 200 parking spaces. Hours of Operation. The applicant is proposing the hours of operation to be: Sunday through Thursday, 11:00 a.m. to 10:00 p.m.; and Friday and Saturday, 11:00 a.m. to 11:00 p.m. Distance Requirements. The City of Colleyville Code of Ordinances require businesses that serve alcoholic beverages to be located at least 300 feet from a church, school or public hospital. The distance is measured from property line to property line for schools, and from front door to front door along the street front property lines for churches and hospitals. The property is in compliance with this requirement. Master Plan. The Colleyville Master Plan designates the future use of this area for retail and commercial land uses. The request is consistent with the goals and objectives of the Master Plan. Surrounding Land Uses and Zoning. The adjacent property to the south and west is zoned PUD-C-Planned Unit Development-Commercial. The property is currently vacant, and is part of the Heritage Farms assisted and independent living community. The property to the immediate west is zoned CC-1-Village Retail and is developed for office use. The properties to the north are zoned Planned Unit Development-Residential, and are developed for single family residential uses. The property to the east is zoned CN- Neighborhood Commercial, and is developed for general office use. The City of Bedford is to the southeast of the site, and includes a single family residential subdivision. Public Notification. Staff notified 50 property owners within 500 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence for this request. Summary. The proposed Special Use Permit would authorize the sale of alcoholic beverages for on-premise consumption. The Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership, or upon termination of the Certificate of Occupancy. The restaurant will be required to meet the 60 percent food versus 40 percent maximum alcohol sales requirement in the Code of Ordinances. The property satisfies the distance requirements to churches, schools, and public hospitals. Recommendation Approval with the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the sale of alcoholic beverages for on-premise Planning and Zoning Commission Agenda Briefing 5a City of Colleyville Page 3 consumption in conjunction with a restaurant use only. b. The name of the business authorized for on-premise alcohol sales by this Special Use Permit shall be called "Ana's Mexican Grill" and shall not exceed 5,200 square feet. c. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership, or upon the expiration or termination of the Certificate of Occupancy. d. The establishment shall be required to meet the 60 percent food versus 40 percent maximum on-premise alcohol sales requirement in the City of Colleyville Code of Ordinances. 2. HOURS OF OPERATION a. The hours of operation shall be as follows: - Sunday through Thursday: 11:00 a.m. to 10:00 p.m. - Friday and Saturday: 11:00 a.m. to 11:00 p.m. Attachments 1.Location and Zoning Map 2.Aerial 3.Buffer Map 4.Notification List 5.Statement of Planning Objectives 6.Site Plan and Floor Plan 7.Ordinance O-97-1064 8.Ordinance O-14-XXXX CO P P E R W O O D C T P L A N T A T I O N C T INWOOD LN WA Y N E D R CHEEK SPARGER RD EL M W O O D C T PLA N T A T I O N D R S BU T L E R C T BE D F O R D C T 3716 4006 4003 3908 1001 4004 3903 3816 3905 4003 3906901 1208 3901 3709 1101 3900 3804 4001 1007 3900 4005 4005 4002 901 3900 3916 4006 4003 906 3902 919 3906 3813 3906 900 3707 905 3714 4002 3902 1002 4003 1009 4000 3904 3808 1105 3905 4005 3904 1212 1005 3817 3906 907 3716 4006 3908 40011005 4006 3905 3903 902 4004 3908 3902 4005 4003 903 3904 4001 1109 4004 904 3708 4000 4001 3907 3708 1210 1001 1206 4002 1215 3816 40021003 1000 Ü Subject Property Legend 500 ft buffer AG Agricultural CC-1 Village Retail CC-2 Shopping Center CC-3 Highway Commercial CN Neighborhood Commercial CP0 Professional Office ML Light Manufacturing PUD-C Planned Unit Development, Commercial PUD-R Planned Unit Development, Residential R-10 Single Family Residential (10,000 sq. ft. min) R-15 Single Family Residential (15,000 sq. ft. min) R-20 Single Family Residential (20,000 sq. ft. min) R-30 Single Family Residential (30,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) R-MF Multi-Family Residential RD Two Family Residential RE Single Family 'Estate' Residential City of Hurst City of Bedford Location and Zoning Map CO P P E R W O O D C T P L A N T A T I O N C T INWOOD LN WA Y N E D R CHEEK SPARGER RD EL M W O O D C T PLA N T A T I O N D R S BU T L E R C T BE D F O R D C T 3716 4006 4003 3908 1001 4004 3903 3816 3905 4003 3906901 1208 3901 3709 1101 3900 3804 4001 1007 3900 4005 4005 4002 901 3900 3916 4006 4003 906 3902 919 3906 3813 3906 900 3707 905 3714 4002 3902 1002 4003 1009 4000 3904 3808 1105 3905 4005 3904 1212 1005 3817 3906 907 3716 4006 3908 40011005 4006 3905 3903 902 4004 3908 3902 4005 4003 903 3904 4001 1109 4004 904 3708 4000 4001 3907 3708 1210 1001 1206 4002 1215 3816 40021003 1000 Ü Subject Property Legend 500 ft buffer City of Bedford Aerial CO P P E R W O O D C T P L A N T A T I O N C T INWOOD LN WA Y N E D R CHEEK SPARGER RD EL M W O O D C T PLA N T A T I O N D R S BU T L E R C T BE D F O R D C T 3716 4006 4003 3908 1001 4004 3903 3816 3905 4003 3906901 1208 3901 3709 1101 3900 3804 4001 1007 3900 4005 4005 4002 901 3900 3916 4006 4003 906 3902 919 3906 3813 3906 900 3707 905 3714 4002 3902 1002 4003 1009 4000 3904 3808 1105 3905 4005 3904 1212 1005 3817 3906 907 3716 4006 3908 40011005 4006 3905 3903 902 4004 3908 3902 4005 4003 903 3904 4001 1109 4004 904 3708 4000 4001 3907 3708 1210 1001 1206 4002 1215 3816 40021003 1000 Ü Subject Property Legend 500 ft buffer Properties within 500 ft buffer Buffer Map Owner Name Owner Address Owner CityOwner StateOwner Zip Situs Address CCDCW LP 2800 E HIGHWAY 114 STE 300 ROANOKE TX76262 003804 BEDFORD CT BAERG, HAROLD J ETUX KATHLEEN3848 CAMPUS DR STE 112 NEWPORT BEACH CA92660 001101 CHEEK SPARGER RD MYERS, DAVID W & MARY A REV TR 7017 OAK HILLS CT NORTH RICHLAND HILLS TX76180 001105 CHEEK SPARGER RD BAERG, HAL 3848 CAMPUS DR STE 112 NEWPORT BEACH CA92660 001005 CHEEK SPARGER RD DAISY HILL ACADEMY LTD 919 CHEEK SPARGER RD COLLEYVILLE TX76034 000919 CHEEK SPARGER RD KILE, DANIEL A ETUX SHIRLEY 3907 COPPERWOOD CT COLLEYVILLE TX76034 003907 COPPERWOOD CT MONTALVO, RODNEY L ETUX MARIA 3903 COPPERWOOD CT COLLEYVILLE TX76034 003903 COPPERWOOD CT PECHACEK, JOHN A ETUX EILEEN F 3905 COPPERWOOD CT COLLEYVILLE TX76034 003905 COPPERWOOD CT RICHEY, RUTH JEAN MURRAY 3906 BUTLER CT COLLEYVILLE TX76034 003906 BUTLER CT ABBOTT, RHONDA C 3904 BUTLER CT COLLEYVILLE TX76034 003904 BUTLER CT FOREMAN, BARBARA R 4006 ELMWOOD CT COLLEYVILLE TX76034 004006 ELMWOOD CT IOVINELLI, LUCI & ROBERT C 4006 PLANTATION CT COLLEYVILLE TX76034 004006 PLANTATION CT WELCH, CHARLES LEE ETUX LORI L 4004 PLANTATION CT COLLEYVILLE TX76034 004004 PLANTATION CT RHEE, UN YOUNG 4002 COPPERWOOD CT COLLEYVILLE TX76034 004002 COPPERWOOD CT TIRHI, GHALEB ETUX LYNDA 4003 ELMWOOD CT COLLEYVILLE TX76034 004003 ELMWOOD CT LINDSEY, CHARLES B JR 4002 ELMWOOD CT COLLEYVILLE TX76034 004002 ELMWOOD CT EDWARDS, SHERIDAN B 4003 PLANTATION CT COLLEYVILLE TX76034 004003 PLANTATION CT ANDREWS, MARY 4001 PLANTATION CT COLLEYVILLE TX76034 004001 PLANTATION CT PURSLEY, TEX ETUX BARBARA 4000 ELMWOOD CT COLLEYVILLE TX76034 004000 ELMWOOD CT RINGO, CASEY K ETVIR JOHN L 3906 ELMWOOD CT COLLEYVILLE TX76034 003906 ELMWOOD CT ELKAN, BRYAN 4005 PLANTATION CT COLLEYVILLE TX76034 004005 PLANTATION CT USREY, LEWIS B ETUX TAMMY R 4001 ELMWOOD CT COLLEYVILLE TX76034 004001 ELMWOOD CT GRIFFITH, JAMES C ETUX CYNTHIA 4002 PLANTATION CT COLLEYVILLE TX76034 004002 PLANTATION CT TORRES, NOLBERTO ETUX JOSEPHIN 3904 COPPERWOOD CT COLLEYVILLE TX76034 003904 COPPERWOOD CT LANDRY, LLOYD M JR ETUX SANDRA 3900 COPPERWOOD CT COLLEYVILLE TX76034 003900 COPPERWOOD CT OLDHAM, KEVIN R 3902 ELMWOOD CT COLLEYVILLE TX76034 003902 ELMWOOD CT MCDOWELL, CHS A JR ETUX SHERRY 3902 COPPERWOOD CT COLLEYVILLE TX76034 003902 COPPERWOOD CT HUGGINS, SAMUEL E 4000 PLANTATION CT COLLEYVILLE TX76034 004000 PLANTATION CT CRAVER, PETE F III 3908 COPPERWOOD CT COLLEYVILLE TX76034 003908 COPPERWOOD CT KENVIN, KEN M JR ETUX AMANDA J 3905 ELMWOOD CT COLLEYVILLE TX76034 003905 ELMWOOD CT MILLER, RAY ETUX PATRICIA 3904 ELMWOOD CT COLLEYVILLE TX76034 003904 ELMWOOD CT BYNO, THOMAS J ETUX NINA K 3906 COPPERWOOD CT COLLEYVILLE TX76034 003906 COPPERWOOD CT PEYTON, JOHN ETUX GEORGE‐ANNE 3902 BUTLER CT COLLEYVILLE TX76034 003902 BUTLER CT COLLINS, STEPHEN B ETUX JANE 1009 INWOOD LN COLLEYVILLE TX76034 001009 INWOOD LN JACKSON, WILLIAM D ETUX MELBA 1003 INWOOD LN COLLEYVILLE TX76034 001003 INWOOD LN CHATELAIN, GARY M ETUX GLORIA 1007 INWOOD LN COLLEYVILLE TX76034 001007 INWOOD LN ALLRED, SHANE ETUX KELLY 1005 INWOOD LN COLLEYVILLE TX76034 001005 INWOOD LN Hurst‐Euless‐Bedford ISD 1501 CENTRAL DRIVE BEDFORD TX76022 COURTESY NOTICE City of Hurst 1505 PRECINCT LINE ROAD HURST TX76054 COURTESY NOTICE City of Bedford 2000 FOREST RIDGE BEDFORD TX76021 COURTESY NOTICE Tara Neighborhood AssociationPO BOX 565 COLLEYVILLE TX76034 COURTESY NOTICE BEATRIZ DICKSON, APPLICANT 1009 CHEEK‐SPARGER ROAD,  SUITE 122A COLLEYVILLE TX76034COURTESY NOTICE Public hearing notices were mailed  Thurs. April 3, 2014 by Taci Wrisley Notification List Statement of Planning Objectives Statement of Planning Objectives Statement of Planning Objectives Statement of Planning Objectives Statement of Planning Objectives Statement of Planning Objectives Statement of Planning Objectives Site Plan and Floor Plan Site Plan and Floor Plan Si t e P l a n a n d F l o o r P l a n ORDINANCE O-14-XXXX AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 3, BLOCK, 1 OF THE TARA ADDITION, LOCATED AT 1009 CHEEK SPARGER ROAD, SUITE 122A, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for on- premise consumption of alcohol under Case No. ZC14-003; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference Ordinance O-14-XXXX Page 2 of 4 to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 3, Block 1, of the Tara Addition, located at 1009 Colleyville Boulevard, Suite 122A, by authorizing a Special Use Permit for the sale of alcoholic beverages for on- premise consumption, as depicted on Exhibit “A” and described in Exhibit “B”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b. The name of the business authorized for on-premise alcohol sales by this Special Use Permit shall be called “Ana’s Mexican Grill” and shall not exceed 5,200 square feet. c. The Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in Ordinance O-14-XXXX Page 3 of 4 ownership or upon the expiration or termination of the Certificate of Occupancy. d. The establishment shall be required to meet the 60 percent food versus 40 percent maximum on-premises alcohol sales requirement in the City of Colleyville Code of Ordinances. e. All requirements of the Land Development Code shall be met, except where amended herein. 2. HOURS OF OPERATION a. The hours of operation shall be as follows: Sunday - Thursday: 11:00 a.m. - 10:00 p.m. Friday – Saturday: 11:00 a.m. – 11:00 p.m. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance O-14-XXXX Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 6th day of May 2014. The second reading and public hearing being conducted on the 13th day of May 2014. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2014. ATTEST: CITY OF COLLEYVILLE Amy Shelly, TMRC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” – Location and Zoning Map Exhibit "B"-Business Plan, Site Plan, and Floor Plan Exhibit "B"-Business Plan, Site Plan, and Floor Plan Exhibit "B"-Business Plan, Site Plan, and Floor Plan Exhibit "B"-Business Plan, Site Plan, and Floor Plan Exhibit "B"-Business Plan, Site Plan, and Floor Plan Exhibit "B"-Business Plan, Site Plan, and Floor Plan Exhibit "B"-Business Plan, Site Plan, and Floor Plan City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5b Agenda Date 04/14/2014 Number Type Public Hearing Agenda Items Department Community Development Title Request for an amendment to the Special Use Permit for a Package Store development requirements for Lot 1, Block 1, Atlantic Oil & Gas Addition located at 7990 Precinct Line Road, Case ZC14-005 Explanation Charanjit Singh with Naggi Corporation, the applicant on behalf of Victron Stores, L.P., has submitted a request to amend an existing SUP-Special Use Permit for a Package Store. The existing shopping center is located at 7990 Precinct Line Road. The shopping center includes 3,554 square feet of existing retail space on 1.62 acres of land. The proposed package store will utilize 1,108 square feet out of the total space. Applicant's Request. The subject property is zoned PUD-C-Planned Unit Development-Commercial district. The PUD-C Ordinance, O-96-1053, specifies uses that are allowed in the CC-1-Village Retail zoning district for this site. Package store sales for off-premises consumption is allowed in the CC-1-Village Retail district with the approval of a SUP-Special Use Permit. This amendment to the SUP will allow package store sales for off-premises consumption under a new Certificate of Occupancy. This amendment is due to Section 4.1.h., "The Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in the ownership, or upon the expiration or termination of the Certificate of Occupancy." The owner will remain Victron Stores, L.P. and the name of the store will remain "Tri-City Spirits." The amendment will also include Exhibit "D," which was referenced in the original ordinance, but was omitted from the original ordinance. Section 4.1.g. states "The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit D.” Exhibit "D" is Crime Prevention Recommendations for Convenience Stores and Package Stores. Required Distance Measurements and Findings. Section Six-Alcoholic Beverage Regulations of the Code of Ordinances requires a minimum distance of 300 feet between any establishment that sells alcoholic beverages and a church, public or private school, or hospital. The measurement distance must be calculated from closest front door to closest front door for churches and hospitals and from closest property Planning and Zoning Commission Agenda Briefing 5b City of Colleyville Page 2 line to closest property line for public or private schools. Adjacent Zoning and Land Uses. Properties to the east are zoned PUD-R-Planned Unit Development-Residential, and are currently vacant. The property to the immediate south is zoned PUD-C-Planned Unit Development-Commercial for CC-1- Village Retail uses, and is currently vacant. The properties to the west of Precinct Line Road are in the City of North Richland Hills. Properties to the north are zoned PUD-C- Planned Unit Development-Commercial, and are currently vacant. These parcels allow a combination of CC-1-Village Retail and CC-2-Shopping Center district uses. To the northeast of the site is the Emerald Park subdivision, zoned PUD-R-Planned Unit Development-Residential. Master Plan. The Colleyville Master Plan designates this property for future retail uses. The proposed use of the property complies with the plan, with the approval of a SUP-Special Use Permit. Public Notification. Staff notified 18 property owners within 500 feet of the subject property regarding this request as well as all homeowner's associations within 500 feet. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has not received any correspondence regarding this request. Summary. This property has previously operated as a package store with off-premises consumption, and still meets required distance measurements and findings. The amendments to the SUP will allow a change in the Certificate of Occupancy, and add Exhibit "D" to the ordinance. Staff recommends approval of these amendments. Recommendation Approval with the following conditions: 1. GENERAL g. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit “D.” h. The Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in the ownership, or upon the expiration or termination of the Certificate of Occupancy. Attachments 1.Location and Zoning Map 2.Aerial 3.Buffer Map 4.Notification List 5.Letter from Victron 6.Ordinance O-96-1053 Planning and Zoning Commission Agenda Briefing 5b City of Colleyville Page 3 7.Ordinance O-10-1782 8.Proposed Ordinance W L D LOCKETT RD KA Y S C T CR E S C E N T L N CR E S C E N T W A Y ST E R L I N G D R TE X A S T R L 5835 5996 5824 5830 5842 5832 1217 5804 5838 5845 5815 5843 1121 5807 5844 5836 5809 5812 5833 1000 5816 5820 5805 5849 5821 5841 5605 5714 5513 5804 5612 5800 5613 5829 5522 7990 5704 5609 5834 5518 5812 5837 5521 1117 5608 8000 5801 5700 5839 5808 5825 5901 5997 5900 5600 5801 5811 5846 5708 7900 5601 5813 5828 5604 5831 5840 5847 7970 5800 5808 5800 Ü Subject Property Legend 500 ft buffer AG Agricultural CC-1 Village Retail CC-2 Shopping Center CC-3 Highway Commercial CN Neighborhood Commercial CP0 Professional Office ML Light Manufacturing PUD-C Planned Unit Development, Commercial PUD-R Planned Unit Development, Residential R-10 Single Family Residential (10,000 sq. ft. min) R-15 Single Family Residential (15,000 sq. ft. min) R-20 Single Family Residential (20,000 sq. ft. min) R-30 Single Family Residential (30,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) R-MF Multi-Family Residential RD Two Family Residential RE Single Family 'Estate' Residential W. LD Lockett RoadPr e c i n c t L i n e R o a d City of North Richland Hills Location and Zoning Map W L D LOCKETT RD KA Y S C T CR E S C E N T L N CR E S C E N T W A Y ST E R L I N G D R TE X A S T R L 5835 5996 5824 5830 5842 5832 1217 5804 5838 5845 5815 5843 1121 5807 5844 5836 5809 5812 5833 1000 5816 5820 5805 5849 5821 5841 5605 5714 5513 5804 5612 5800 5613 5829 5522 7990 5704 5609 5834 5518 5812 5837 5521 1117 5608 8000 5801 5700 5839 5808 5825 5901 5997 5900 5600 5801 5811 5846 5708 7900 5601 5813 5828 5604 5831 5840 5847 7970 5800 5808 5800 Ü Subject Property Legend 500 ft buffer W. LD Lockett RoadPr e c i n c t L i n e R o a d City of North Richland Hills W L D LOCKETT RD KA Y S C T CR E S C E N T L N CR E S C E N T W A Y ST E R L I N G D R TE X A S T R L 5835 5996 5824 5830 5842 5832 1217 5804 5838 5845 5815 5843 1121 5807 5844 5836 5809 5812 5833 1000 5816 5820 5805 5849 5821 5841 5605 5714 5513 5804 5612 5800 5613 5829 5522 7990 5704 5609 5834 5518 5812 5837 5521 1117 5608 8000 5801 5700 5839 5808 5825 5901 5997 5900 5600 5801 5811 5846 5708 7900 5601 5813 5828 5604 5831 5840 5847 7970 5800 5808 5800 Ü Subject Property Legend 500 ft buffer Properties within 500 ft buffer City Limit Boundary W. LD Lockett RoadPr e c i n c t L i n e R o a d City of North Richland Hills Buffer Map Owner Name Owner Address Owner CityOwner StateOwner ZipSitus Address VICTRON STORES LP PO BOX 2599 WAXAHACHIE TX TX75168007990 PRECINCT LINE RD EMERALD PARK H A INC 400 COUNTRY PL COLLEYVILLE TX76034 005801 CRESCENT LN GANDY, R CRAIG 1117 W LD LOCKETT RDCOLLEYVILLE TX76034 001117 W L D LOCKETT RD HERRON, MARK D ETUX BLISS A 1500 BLUEBONNET DRFORT WORTH TX76111001201 W L D LOCKETT RD MARKHAM, DIAN L ETAL 5000 GADSDEN AVE FORT WORTH TX76244 008000 PRECINCT LINE RD HERRON, MARK ETUX BLISS 1500 BLUEBONNET DRFORT WORTH TX76111001121 W L D LOCKETT RD BEAR VALLEY COMMUNITY CHURCH7900 PRECINCT LINE RD COLLEYVILLE TX76034 007900 PRECINCT LINE RD PURVIS, CONRAD J ETUX BRENDA J5828 STERLING DR COLLEYVILLE TX76034 005828 STERLING DR VARGHESE, GEORGE ETUX V 5824 STERLING DR COLLEYVILLE TX76034 005824 STERLING DR SIRISAKD, NED ETUX KEODARA 5816 STERLING DR COLLEYVILLE TX76034 005816 STERLING DR GIEBLER, TERRY L 5820 STERLING DR COLLEYVILLE TX76034 005820 STERLING DR KIM, TAE WOO ETUX HYO J K H5804 STERLING DR COLLEYVILLE TX76034 005804 STERLING DR VORA, JAY ETUX RENU 5808 STERLING DR COLLEYVILLE TX76034 005808 STERLING DR KUO, MAN‐LI ETVIR L FIORELLO5812 STERLING DR COLLEYVILLE TX76034 005812 STERLING DR ATLANTIC OIL & GAS INC 2220 MARSH LN STE 109 CARROLLTON TX75006007970 PRECINCT LINE RD Keller ISD 350 KELLER PARKWAY KELLER TX76248Courtesy Notice City of Keller PO BOX 770 KELLER TX76244 Courtesy Notice CITY OF NORTH RICHLAND HILLS 7301 NE LOOP 820 NORTH RICHLAND HILLSTX76180Courtesy Notice EMERALD PARK H A INC 5837 CRESECENT COLLEYVILLE TX76034 Courtesy Notice CHARANJIT SINGH, APPLICANT 7056 WELSHMAN DRIVEFORT WORTH TX76137APPLICANT Public hearing notices were mailed  Thurs., April 3, 2014 by Taci Wrisley Notification List Letter From Victron ORDINANCE 0-10-1782 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE ! OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1, BLOCK 1, OF THE ATLANTIC OIL AND GAS ADDITICJN LOCATED AT 7990 PRECINCT LINE ~ ROAD BY AUTHORIZING A SPECIAL USE PERMIT FOR A PACKAGE STORE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF;'I PROVIDING ASEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT ~ TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning underCase No. ZC10-026; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has preparedregulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration ! to, among other things, the character of the districts and their peculiar'',~ suitability for particular uses, with a view to conserving the value of' buildings and encouraging the most appropriate use of land throughout the City; and ', WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance withthe Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, havinggiven the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-10-1782 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec.2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending theofficial I zoning map by authorizing a Special Use Permit for a package store on Lot 1, Block 1, of the Atlantic Oil and Gas Addition located at 7990 Precinct Line Road, as depicted on Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinanceof the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a package store as depicted on Exhibit "A" and described and shown in Exhibit "B"' Exhibit "C'. ' b. The package store authorized by this Special Use Permit shall not . exceed 1,108 square feet in size. c. The business name for this package store shall be "Tri-City Spirits". d. All signs advertising the package store shall meet the following conditions: (1) all signage, including existing signage, shall, at a I minimum, meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (2) Section 108.52 of the ' Texas Alcoholic Beverage Code is hereby adopted by reference of ', which all requirements pertaining to signage shall apply to this Special Use Permit; (3) Upon abandonment of thebusiness authorized by this ' Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within thirty (30) days of abandonment. e. All landscaping shall meet the minimum requirements of Chapter 4- Landscaping and Buffering in the Land Development Code prior to the Exhibit "B" - Statement of Planning Objectives Stat~m~nfi ~af ~~a~r~~i~~ tJ~~,~~cErv~~ ~nr~ ~us~ine~s I'lar~ o1l~yvi~I~ ~~irits 9~3t1 ~r~ri~ct ~i~ne ~,d~ C'c~~l~~rvi1[~, T~x~s 7G{i3~ e~~-,~~en1k1'~'+~-n~~a~~ s~hed~1~ ~'~r k~u~in~~~: a~e ~ce~jeaee~ busi~e~s ~i~l r~~n ~~`ter ~11 c~# t~c ~+era~iitin~~ i~ ~chie~e~, in~~udi~g cit~ ub~ic h~rri~~s ~nd site and build3ng p~~r~ r~vi~~s. ~! ~i{l ~~~ cc~nstructi+un gerec~d is rt~icip~~~d. T6e s~ibject #~c~tica~ i~ ~~rt ~t's~n exisii~~ ~ir~~c~~re, ~hich c~i111~a~r ~'r~ renr~~~ted, ir~c[~din~; th~e i~st~~~~tic~r~ taf ~ rle~a~in~ ~t~~l ~~~we~n th~ €c-r~v+enien~ce st~~r~ ~~t~ tt~~ ~ro~~s~ cle~v~el~pm+~rNt. ~r ~`ir.~~t ~~~t~r~trarnt in t~i~ ~r~~ v~=ill b~ c~+n~~~~. E:~i~tr~~t~d a~~r~i~tg ti~#e i~ ~~r~h ~f 2tl~ ~, err~ti~ns P'I~~as. hc~~zrs a~ c~pera~ion xwi[l b~ eon~x~t~ent wit~ t~+~~+~ ~Itt~~v~cl b~~ th+~ Texas Atcah~li~: er~~e +~~a~~~ssion. Ft~r a~~~~t~g~t~ 9t+Dr~, Or ~' P~rrs~A~', #'h~ hours ~f oper~tit~an wwYil~ be 1t~ a.m. to ~ p.rrt., Mu~~~y th~rpt~~k~ ~~tt~rd~y. P~rk~g~d st~res ~r~ clos+~t~ t~n und~y:~, Th~nksgiv~it~g ~?ay, C'Mri~fnyac T}~y and New Ye~r':~ D~~y. if Christ~n~s e~r New lr'e~r~s ~-~y f~ll +~p~an ~ S~~d~~, ther~ w~ v~°r~ulc~ b~ ~cl~ns+e~ a~r~ the fz~lt~~r~ir~~ 14~t~nc~~y. ~?e1~v~ries t~f ~i~~illed spir'its, ~i~c, ~~~e ~t~~ ara~~lt li~~tvr from a v-~~~1,~~1cr n l~e from 5 a.m, to'~ ~.~.1~'C~s~da~~ ~~rr~u~;h ~~tu~rd~~. it is ~~tici~~#~c~ tha~ there wil~ t~e fu~! tt~r+~~e ti~m~ ~r~pl~~~e~e.s an~ twvcr ~~rt titne ` n~l+~~y~es t~s wark at th~e facilit~, rk~~c~~ F"I~r~~ t~ ~t~rr~~ o~ t~ae ~rt~ptases3 b~~i~+~~s i~ ~~~~e~ilt+~ ;~~~r~tt~. "C'he t~rg~tcc~ +~~sta~~~ b~~s+~s ~r~+e st~tc~~e p~ecrpie af ~~;e tc- ~u~ ~~ir~t~, ge~a~r~il~ ~~#~i~t €~ ~~r~ miie radiu~,. r'~dt~itit~nal~y, be~~~us~ t~f t~r~ ~i~ited ~tre~~ ~~~rc~ p~~~ku~~ ~ic~r~s ar+e a~lcr~~d~ w~ fee~ ti~s~t ,~~ r~~ili ~ai~ bus~ncss frr~~n p~ar~s~ ~f ~~t~u~;~, ~ur~t, ~~~f~rd and e~en ~e~+e~. urtl~er, ~'r~~inct Liz~~ c~rri~s ~rau~~ ,~~t,t~{~~} r~~hi~le~ ~er day, ~r~~n~i~~ a r~~rthl~~a~th tharroughfar+~, ~vhieh t~~~ p~~,~;~ti~1 ~c~,~tc~mcrs f~-o~ ,~3ighw~y I83 #a v~ 17C1'~, e ~re fore~asting 90 to 1t}(! c~stom~r~ ~~r c~u~` w~th ~r~ ~verage ~ustamer ~~r+~hs~s+e f arc~u~ad ~~5. ~r~ addition tc~ liqu~r ~r distille~~ ~p~rit~, ~v+~ ~lxra a~r~ se~lin~ b~er ~nc1 in+e t~rvu~h a'7 d~~rr reCri~~ratec3 rvnlra~. ~V"~ f'uiwthcr ~l~~n a~a c~rrvin~ a~irnkit~cl ar~tt~~nt ~af s~~t~ sn~ck,~ (Fritt~ I.ay} ~n~! tt~l~~~~cn ~r~~i~et~ ~t~hind th~ saies cv~n~~et-. conc~mi~c :i~+~~elo~m+~~t ~n€orm~ai~~n: (~tt~~h~~) CaWaNC4UQW e~ M..; I ~ ~ ~~~~ j i k $. y k£~, a x t k z~. _._.....,..__. £ t?8' - Y I f~.tiV:.i1f < c.3. u: ~ .4 ~ i ~, h, e+imx. y~ x Tis~ ..... .. . C J w ~~~~ I ~' r GE 6TtlRE 3vS ST o' C3~T.}` .. ~ i ~ ~~ NE $~'+ RY y Y. 9MCN ~'. i i q i s 36.T' 7 . a j . ~~ : I ~ c ^-~~ r ~ ats~ M~£k'CHCE STONE I . . zess sr i. n2P ~. . n k.- i k'i~ I: J i a U.~ ~ ; t i ..... . . . ~ . J ORDINANCE O-14-XXXX AN ORDINANCE AMENDING ORDINANCE O-10-1782 SECTION 4.1.G. AND SECTION 4.1.H. CONDITIONS AND ADDING EXHIBIT “D”; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance O-10-1782 on November 16, 2010, authorizing a package store on Lot 1, Block 1 of the Atlantic Oil and Gas Addition located at 7990 Precinct Line Road under zoning case ZC10-026; and WHEREAS, the applicant has requested an amendment to Ordinance O-10- 1782; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance O-14-XXXX Page 2 of 4 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and state law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance O-10-1782. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the Special Use Permit for the above described tract of land shall be amended due to a change in the Certificate of Occupancy, required for an operator/tenant change from Fakri Investments, Inc. to Naggi Corporation. The business shall remain “Tri-City Spirits” and the ownership shall remain Victron Stores, L.P. This amendment shall also include Exhibit “D,” which was referenced in Section 4.1.g. of the original ordinance, but the exhibit itself was omitted from the original ordinance. These amendments are required due to the following conditions: 1. GENERAL g. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Ordinance O-14-XXXX Page 3 of 4 Exhibit “D.” h. The Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in the ownership, or upon the expiration or termination of the Certificate of Occupancy. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort, and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 10. THAT Ordinance O-10-1782 shall remain in full force and effect, except where amended by this ordinance. Ordinance O-14-XXXX Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 6th day of May 2014. The second reading and public hearing being conducted on the 13th day of May 2014. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2014. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “D” CRIME PREVENTION RECOMMENDATIONS FOR CONVENIENCE STORES AND PACKAGE STORES Purpose The purpose of these recommendations are to protect the health, safety, and welfare of the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that may occur in a convenience store or package store in the City. To this end, these recommendations address best practices in crime prevention through environmental design including height markers, visibility into and around the business, alarm systems, physical security, drop safes, surveillance camera systems, and minimum staffing requirements. Definitions Unless otherwise expressly stated, the following terms shall, for the purposes of these recommendations, have the meanings indicated in this section: “Convenience Store” means an establishment designed, intended, adapted or used primarily to provide for consumer shopping of a brief duration, characterized by a limited product mix (generally emphasizing prepared and snack foods, beverages, tobacco products or gasoline/motor vehicle fuel), close-in parking, and limited retail space. “Drop Safe” means a cash management device in which money can be deposited without the depositor having access to the contents. “Employee” means any person listed on the payroll of a convenience store or package store as an employee, whether part-time, full-time, permanent, or temporary. The term does not include a person providing only janitorial or security services to the store. “Height Marker” means a measuring strip that is attached on or near the door frame of doors used for ingress and egress to the store to aid in identifying the height of a person suspected of committing a crime. “Package Store” means a retail establishment that sells “liquor”, as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise consumption. “Manager” means the person designated as the supervisor or person in charge of the operations of the store. “Owner” means the person or persons who hold title to, leases or has a possessory interest in property for the purpose of operating a convenience/package store. Height strips A convenience/package store shall have height strips posted at all public exits to aid in obtaining a physical description on any suspicious person or suspect in a criminal offense. Visibility A) A convenience/package store shall maintain an unobstructed line of sight allowing a clear view of and from the cash register and sales transaction area through all windows and public access doors. Such windows and doors must be clear of all items that would obstruct a clear view including, but not limited to, tinting, signage, advertisements, shelving, and merchandise. Such unobstructed line of sight must, at a minimum, extend from three feet above the ground to at least six feet above the ground. B) Landscaping shall be maintained in a manner that allows an unobstructed view of all windows and doors in an attempt to prevent blind spots or places of concealment. Alarm system A) A convenience/package store shall have a silent panic or holdup alarm system for which a permit has been issued by the City. This system shall, at a minimum, include a panic button located within reach of the cash register and out of view of the customer. Such panic button will generate an alarm signal indicating a holdup or other life-threatening emergency requiring a police department response. B) A convenience/package store shall have posted at all public exits and entrances signs or decals indicating that a security alarm system is in use. Entrances and Exits A) All doorways shall be secured with a deadbolt lock. Deadbolt locks within 40 inches of a breakable surface must be a double cylinder lock. B) Service or delivery entrances shall be equipped with an exterior, high resolution digital video camera or a “peep hole”, which enables employees to visually observe the area immediately outside the door. Drop safe A) A convenience/package store shall have a drop safe on the premises to keep the amount of cash available to employees to a minimum. A drop safe must be bolted to the floor and may have a time-delay mechanism to allow small amounts of change to be removed. B) A convenience/package store shall have a written cash accountability policy mandating the maximum amounts of cash that can be kept in cash registers. C) A convenience/package store shall have posted, at or near the point(s) of sale, decals or signs indicating that employees cannot open the safe and that employees have minimum cash on hand. Surveillance camera system A) A convenience/package store shall have a minimum of two, color digital high- resolution surveillance cameras. One camera must have an overall view of the counter/register area and the other camera a view of the main entrance/exit area and both shall display the correct date and time of the recording. B) The entrance/exit area camera shall be placed to provide a clear and identifiable full frame of the filmed individual's face. C) The cameras shall be operated at all times including hours when the store is not open for business. D) The owner or manager shall provide the police department, upon request, digital color images in connection with any criminal investigation. E) The owner or manager shall maintain a library of the recorded digital images for not less than 30 days. F) A convenience/package store shall have posted, at or near the point(s) of sale, signs or decals indicating that surveillance cameras are in use. Minimum Staffing (A) A convenience/package store will maintain a minimum staffing of at least two (2) employees on-site at all times when the business is open.