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
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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
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Aerial
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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
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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
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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
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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
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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
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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
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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
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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
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Legend
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Properties within 500 ft buffer
City Limit Boundary
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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~,
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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.