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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-08/8/2016 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, August 8, 2016 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 action items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Tornes PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES July 11, 2016 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Planning and Zoning Commission Agenda August 8, 2016 City of Colleyville Page 2 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of a Special Use Permit for Food Packaging and Manufacturing on Lot 8R, Block 1, of the Industrial Park Addition, located at 1904 Industrial Boulevard, Case ZC16-010 3b Consideration of a waiver to certain provisions of Section 5.9 (Minimum Tree Preservation Requirements) of the Land Development Code on Lot 4, Block 2, and Lot 3, Block 1, of the St. Andrews Addition, located at 6004 and 5812 St. Andrews Court, Case GC16- 006 4. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, August 5, 2016 by 5:00 p.m. Araceli Botello Planning Technician 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, July 11, 2016 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by the Chairman Byerly on July 11, 2016, at 7:00p.m. Roll Call Present: Commissioners, Carel Tornes, David Wheelwright, Jason Elms, Jim Gotcher, Jeff Byerly and David Phelps Absent: Commissioner Don Davis Staff Present: Shane Pace, Oscar Chavez, Cheryl Taylor, Rob McKeown, Caleb Tandy, Chris Fuller, Araceli Botello, and Matthew Butler (City Attorney) 1. APPROVAL OF MINUTES Commissioner Phelps made a motion to approve the June 13, 2016 minutes as written. Commissioner Gotcher seconded. The motion to approve the June 13, 2016 minutes as written carried by the following vote: Aye: 6 –Tornes, Wheelwright, Elms, Gotcher, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 3. CONSENT AGENDA ITEMS 3a Consideration of a replat on Lots 1 and 2, Block 1, of the Covenant Christian Academy Addition, located at 901 Cheek- Sparger Road, and Lot 5, Block 3, of the Southgate Addition, located at 3709 Wayne Drive, Case PC16-002 Planning and Zoning Commission Minutes July 11, 2016 City of Colleyville Page 2 Commissioner Tornes made a motion to approve Case PC16- 002. Commissioner Gotcher seconded. The motion to approve carried by the following vote: Aye: 6 – Tornes, Wheelwright, Elms, Gotcher, Phelps, and Byerly 4. PUBLIC HEARING AGENDA ITEMS 4a Consideration of a waiver to certain provisions of Section 5.9 Minimum Tree Preservation Requirements of the Land Development Code on Lots 1-12, Block 1, and 2 Common Areas, of the Villas at Windsor Steele Addition, located at 5011, 5101, 5105, 5109, 5015, 5113, 5117, 5121, 5125, 5129, 5133, 5137, 5141, and 5145 Roberts Road, Case GC16-004 Shane Pace presented the case and briefed the Commission. The public hearing was opened at 7:15 p.m. The applicant, Todd Atwood, 4201 North State Highway 161, Irving Texas came forward and briefed the Commission. Kathy Hadley, 204 North Timberline Drive, came forward and spoke in opposition to this case. There being no others present wishing to speak, the public hearing was closed at 7:28 p.m. Commissioner Phelps made a motion to approve Case GC16- 004 with the following conditions: 1) All front yard and open space trees shall be of 6 inch caliper or greater; 2) One additional 3 inch caliper tree shall be planted in the rear yard of lots 1, 2, 3, 4, 6, 10, 11, and 12. Commissioner Gotcher seconded. The motion to approve Case GC16-004 with the following conditions: 1) All front yard and open space trees shall be of 6 inch caliper or greater; 2) One additional 3 inch caliper tree shall be planted in the rear yard of lots 1, 2, 3, 4, 6, 10, 11, and 12, carried by the following vote: Planning and Zoning Commission Minutes July 11, 2016 City of Colleyville Page 3 Aye: 5 – Wheelwright, Elms, Gotcher, Phelps, and Byerly Nay: 1 - Tornes 5. ADJOURNMENT The meeting adjourned at 7:59 p.m. The minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on___________, 2016 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 08/08/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Special Use Permit for Food Packaging and Manufacturing on Lot 8R, Block 1, of the Industrial Park Addition, located at 1904 Industrial Boulevard, Case ZC16-010 Explanation Todd White, the applicant, has submitted a request for a Special Use Permit (SUP) to allow a Food Packaging and Manufacturing business at 1904 Industrial Boulevard, Suite 103. The subject property is zoned ML-Light Manufacturing district. A Food Packaging and Manufacturing business is allowed in the ML-Light Manufacturing zoning district with the approval of an SUP. Existing Conditions/Background: The subject property is currently known as the Colleyville Technical Center and is developed as an approximately 13,400 square foot commercial building with a mix of office, light manufacturing, and warehouse uses. Per the attached site plan and floor plan exhibits, the proposed business would occupy 1,500 square feet of lease space that is currently vacant. Proposed Business: Per the attached Statement of Planning Objectives the proposed name of the business is “Trulee Foods”. The business currently has six employees and plans to relocate from Southlake to Colleyville upon approval of the Special Use Permit request. According to the Statement of Planning Objectives the business will manufacture, package, and ship “Bliss Bites”, a superfood dessert currently sold in Central Market grocery stores throughout Texas, with plans to begin selling in Market Street grocery stores in the near future. The applicant has indicated that no cooking of food will take place on the premises. The process primarily consists of mixing ingredients, packaging, and shipping. Ordinance – Chapter 3 (Land Use) of the Land Development Code identifies the purpose of a Special Use Permit as: “The purpose of a Special Use Permit is to allow a use not normally allowed in a zoning district, which could be of benefit in a particular case to the general welfare, provided adequate development standards and special requirements are imposed to protect surrounding uses or to preserve the character of the neighborhood.” Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 Analysis – The Special Use Permit request up for consideration is consistent with the land uses located on the subject property, and the governing zoning district. Based on the information provided by the applicant, the business appears to be a low intensity land use with few employees and standard hours of operation. Although residential adjacency exists to the east (Ross Downs Estates), the proposal does not appear to be of a nature anticipated to adversely impact the adjacent residential properties. Hours of Operation: According to the applicant, the business will generally operate during the following hours: 8:00 am to 6:00 pm Parking: The attached site plan identifies 43 parking spaces provided for 1904 Industrial Boulevard. The Land Development Code does not prescribe a specific parking ratio for the proposed land use. Rather, Chapter 3 of the Land Development Code states that the number of parking spaces for a Food Packaging and Manufacturing land use be established "As set by the SUP or PUD approved ordinance". Based on the limited number of employees, the nature of the business, and no overnight parking of distribution trucks on the premises, staff recommends a parking ratio commensurate to a general office land use. This requirement is one parking space per 300 square feet of gross floor area. Utilizing this ratio, five parking spaces will be required for the proposed. Chapter 3 of the Land Development Code states that the assigned parking group is "As set by the SUP or PUD approved ordinance" Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property within the Upper Sector of the Colleyville Boulevard Corridor. This area is encouraged to evolve over time into a more attractive and cohesive section of the Corridor. The current land uses are characterized by auto- service and light industrial uses. However, a focus on transitioning to flex offices, garden offices, and retail services would create some redevelopment activity in an area of the Corridor that would benefit from incremental changes. Surrounding Development: The table below reflects the surrounding zoning and existing land uses for the subject property as further illustrated on the attached location map: ML-Light Manufacturing (Commercial Buildings) ML-Light Manufacturing (Commercial Buildings) PUD-R-Planned Unit Development-Residential (Ross Downs Estates) ML-Light Manufacturing (Commercial Buildings) Subject Property ML-Light Manufacturing (Commercial Buildings) PUD-R-Planned Unit Development-Residential (Ross Downs Estates) ML-Light Manufacturing (Commercial Buildings) ML-Light Manufacturing (Commercial Buildings) PUD-R-Planned Unit Development-Residential (Ross Downs Estates) Public Notification: Staff mailed notices to all property owners within 200 feet as well Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 3 as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: The proposed zoning change is generally consistent with the City’s comprehensive plan. Additionally the request is consistent with the land uses located on the subject property and the governing zoning district. Staff recommends approval of the Special Use Permit. Recommendation Approve Attachments 1.Zoning Map 2.Aerial Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Site Plan 6.Suite 103 Floorplan 7.Executive Summary 8.Notification Map 9.Notification List 10.Draft Ordinance TARRANT I N D U S T R I A L W Y A T T F R A N C E S K Y L E K E N N E D Y ML PUD-R CPO AG PUD-C CPO 1801 1803 1904180818121900 1809 190518131901 1704 1800 2003 2003 2002 2005 2008 2009 2005 2007 2007 20062004 2001 1704 1801 1700 2005 1804 6509 2004 2007 2000 2002 2010 6601 2009 2011 2008 2009 1903 2004 6603 2000 2002 20066310 ZC16-010 1904 INDUSTRIAL BLVD. # 103 Legend Subject Prop ertyI1 inch = 12 5 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP TARRANT I N D U S T R I A L W Y A T T F R A N C E S K Y L E K E N N E D Y 1801 1803 1904180818121900 1809 190518131901 1704 1800 2003 2003 2002 2005 2008 2009 2005 2007 2007 20062004 2001 1704 1801 1700 2005 1804 6509 2004 2007 2000 2002 2010 6601 2009 2011 2008 2009 1903 6306 6513 2004 6603 2000 2002 20066310 ZC16-010 1904 INDUSTRIAL BLVD. # 103 Legend Subject Prop ertyI1 inch = 12 5 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP TARRANT I N D U S T R I A L W Y A T T F R A N C E S K Y L E K E N N E D Y 1801 1803 1904180818121900 1809 190518131901 1704 1800 2003 2003 2002 2005 2008 2009 2005 2007 2007 20062004 2001 1704 1801 1700 2005 1804 6509 2004 2007 2000 2002 2010 6601 2009 2011 2008 2009 1903 6306 6513 2004 6603 2000 2002 20066310 ZC16-010 1904 INDUSTRIAL BLVD. # 103 Legend Subject Prop erty COLLEYVILLE BLVD CO RRIDO R RESIDENTIAL COMMERCIAL INSTITUTIONAL PARKS/ O PEN SPACEI1 inch = 12 5 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. FUTURE LAND USE MAP www.truleeco.com Trulee Foods Todd White Chief Operating Officer 1904 Industrial Blvd., Suite 103 Colleyville, TX 76034 844-EAT-HAPPY City of Colleyville 100 Main Street Colleyville, TX 76034 817-503-1050 July 13, 2016 To whom it may concern, Thank you so much for your consideration of our Special Use Permit. We are beyond excited to be moving into a dedicated space with our very own loading dock in such a wonderful and business-friendly city! Our company, Trulee Foods, currently creates "Bliss Bites!" superfood desserts - gluten-free, dairy-free, vegan, and incredibly delicious! We pride ourselves on producing organic, raw, all -natural foods that are a key component in helping people achieve a healthy lifestyle. Our founder, Sherry Lee White (my wife), went through an incredible journey of self-healing that has ultimately lead us to this point, and we couldn't be more excited about this next step! Bliss Bites! are currently available at all Central Market locations across Texas, and will soon be in Market Street as well, which as I'm sure you know, has a location right here in Colleyville. With more product lines on the way, we are anxious to get our new facility in full production mode as soon as possible. Sincerely, Todd White In d u s t r i a l B l v d . W a r e h o u s e W a r e h o u s e W a r e h o u s e W a r e h o u s e K i t c h e n W a r e h o u s e 2 0 5 2 0 6 2 0 7 2 0 8 2 0 4 2 0 3 2 0 0 / 2 0 1 2 0 2 WarehouseWarehouse Warehouse Women’s R/R Men’s R/R Office 10’ x 12’ Office 10’ x 14’ Office 8’ x 14’ Office 15’7” x 14’ Office 11’ x 12’ Office 14’3” x 12’ Office 10’ x 12‘7” Kitchen Warehouse 100/101107/108 102106 105 103104 $P M M F Z W J M M F  5 F D I  $ F O U F S CONF IDENTIAL Fork That Foods Inc. BUSI NESS P L AN WHERE NUTRITIOUS MEETS DELICIOUS! PREPARED SEPTEMBER 2015 Contact Information Sherry White 280 Commerce St. Southlake, TX 76092 blissbites.co 844-EAT-HAPPY Fork That Foods Inc.1 CONFIDENTIAL - DO NOT DISSEMINATE. This business plan contains confidential, trade-secret information and is shared only with the understanding that you will not share its contents or ideas with third parties without the express written consent of the plan author. Executive Summary Overview Fork That Foods Inc. ("Fork That!" or the "Company") has been steadily growing its Gourmet Superfood Desserts business in the Dallas / Fort Worth metroplex since September 2012. Fork That! began as a dietary consulting company offering a variety of meal plans and cleanse programs to its clients. The popularity of one of the desserts offered was so overwhelming, that Fork That! chose to focus entirely on the (then unnamed) gluten-free, dairy-free, superfood desserts now known as Bliss Bites! The home-based business began selling to friends and neighbors in 2013, and by Spring 2014 Bliss Bites! were available at local coffee shops and juice bars. Today, you can find them in a variety of local and regional gyms, coffee shops, juice bars, health foods distributors, and grocery stores. Fork That! delivered its first full pallet of Bliss Bites! to Central Market in September of 2015. Fork That Foods Inc. is on the verge of even more national accounts, and is poised to expand its market share even more within the next 6 to 9 months. Background The story behind Fork That! is actually the story of the company's owner, Sherry Lee White, and her struggle to overcome a debilitating auto-immune disease and clinical depression. For several years, Sherry was crippled with pain in her joints that multiple specialists and even the Mayo Clinic couldn't diagnose. With her joints literally dissolving away on MRI scans, the only treatment the doctors could offer was a course of chemotherapy followed by a lifetime of immuno-suppressant injections, with the possibility of life in a wheelchair. Sherry decided to find a better way. She spent nearly 5 years conducting her own research, and eventually found a big part of the answer was in the food that she ate. By cutting out gluten, dairy, and processed foods, Sherry began to find relief within days of implementing her new lifestyle. After only a month of putting better foods and supplements in her system, Sherry again felt like the healthy Fork That Foods Inc.2 CONFIDENTIAL - DO NOT DISSEMINATE. This business plan contains confidential, trade-secret information and is shared only with the understanding that you will not share its contents or ideas with third parties without the express written consent of the plan author. young mother that she was, and Fork That! was born. She made it her mission to bring hope to anyone else suffering under similar circumstances, and bring healthy food options to everyone she could. Opportunity Problem Consumers are actively looking for ready-made, healthier alternatives to the Standard American Diet. Today’s explosive gluten-free consumer demand has grown 44% since 2011, and is projected to grow another 48% to $15.6 billion by 2016. Organic and vegan markets are experiencing similar growth. Current gluten-free, vegan (dairy-free), options are lacking in either taste or nutrition. Solution Drawing from her personal experience, Fork That Foods' founder, Sherry Lee White, has created something that the health food market has never seen until now...decadent gourmet desserts that are actually good for you. By using only the highest quality ingredients, and avoiding refined sugars and other processed additives, Fork That! has invented a new way to look at health food. When most people think of "healthy" eating options, they usually assume that taste will be sacrificed. Not so with Fork That Foods' flagship product, Bliss Bites! By sourcing the best possible nutrient-dense ingredients to create treats that tantalize the taste buds of foodies and children alike, Bliss Bites! achieve the perfect blend of nutritious and delicious. Who We Sell To The appeal for healthy desserts is universal. Bliss Bites! are the perfect companion to a morning coffee, as an after school snacks for the kids, and go great with an evening glass of wine. Fork That! has been selling Bliss Bites! to coffee shops, juice bars, local gyms, and wine shops successfully for the past two years. Our target demographic markets include: Fork That Foods Inc.3 • Health Conscious Individuals • Coffee Enthusiasts • Dietary Restricted Individuals (diabetics, celiac, etc.) • The Wine & Dine Crowd • Special Needs Individuals (autistic, ADHD, etc.) Competition Several companies offer healthy foods. Several companies offer tasty foods. Very few offer both. Most "healthy" foods available on the market today suffer from either a gross misrepresentation of what it means to be truly healthy, or they sacrifice flavor for better nutrition metrics. Everyone who has tried a healthy dessert or bar has become accustomed to expecting flavor just slightly better than cardboard. Others products that do in fact taste good can only claim to be healthy in their marketing, but a closer look at their nutrition facts reveals a different story. While some competitors have either taste or nutrition, none have the superior taste and nutrition found in Bliss Bites! Why Us? By leveraging the incredibly compelling personal story of founder, Sherry Lee White, coupled with a solid team of successful business professionals and advisers, and a proven track record since its inception, Fork That! is poised to become the Mrs. Fields of today's health conscious generation. CONFIDENTIAL - DO NOT DISSEMINATE. This business plan contains confidential, trade-secret information and is shared only with the understanding that you will not share its contents or ideas with third parties without the express written consent of the plan author. TARRANT INDUSTRIAL WY A T T F R A N C E S KYLE K E N N E D Y 1801 1803 1904180818121900 1809 190518131901 1704 1800 2003 2003 2002 2005 2008 2009 2005 2007 2007 20062004 2001 1704 1801 1700 2005 1804 6509 2004 2007 2000 2002 2010 6601 2009 2011 2008 2009 1903 6306 6513 2004 6603 2000 2002 20066310 ZC16-010 1904 INDUSTRIAL BLVD. Legend Subject Property Properties within 200 ft. 200 ft BufferI1 inch = 125 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. NOTIFICATION MAP Owner Name Owner Address Owner City Owner Zip Situs Address PRINCE, DOUG D 2003 KYLE CT COLLEYVILLE, TX 76034 2003 KYLE CT LAND, BRAD 813 HOLLY RIDGE CT KELLER, TX 76248 1813 INDUSTRIAL BLVD LINDLEY, SWIFT L 2002 KYLE CT COLLEYVILLE, TX 76034 2002 KYLE CT VIENNA CHANNELS REALTY LLC 1905 INDUSTRIAL BLVD COLLEYVILLE, TX 76034 1905 INDUSTRIAL BLVD COLLEYVILLE TECH CENTER LLC PO BOX 742346 DALLAS, TX 75374 1900 INDUSTRIAL BLVD # 2 ECHOLS, BRENT K 2001 TARRANT LN COLLEYVILLE, TX 76034 2001 TARRANT LN MEDI-DYNE HEALTHCARE PRODUCTS 1812 INDUSTRIAL BLVD COLLEYVILLE, TX 76034 1812 INDUSTRIAL BLVD LUERS FAMILY REVOCABLE TRUST 3509 WINDVIEW CT GRAPEVINE, TX 76051 1901 INDUSTRIAL BLVD AMERICA'S STORAGE 4311 OAK LAWN AVE STE 360 DALLAS, TX 75219 1803 TARRANT LN # 220 OWENS, CHRISTOPHER D 2004 KYLE CT COLLEYVILLE, TX 76034 2004 KYLE CT LINZ, WILLIAM J 2005 FRANCES DR COLLEYVILLE, TX 76034 2005 FRANCES DR COLLEYVILLE TECH CENTER LLC PO BOX 742346 DALLAS, TX 75374 1900 INDUSTRIAL BLVD HAGEN, WILLIAM R 2005 TARRANT LN COLLEYVILLE, TX 76034 2005 TARRANT LN HANCOCK, LUID T 2007 FRANCES DR COLLEYVILLE, TX 76034 2007 FRANCES DR LOFTUS, DONNA M 2008 FRANCES DR COLLEYVILLE, TX 76034 2008 FRANCES DR CAMERON, DAVID A 2003 FRANCES DR COLLEYVILLE, TX 76034 2003 FRANCES DR DOOR WORKS OVERHEAD DOOR INC 1803 TARRANT LN STE 200 COLLEYVILLE, TX 76034 1803 TARRANT LN # 220 ROSS DOWNS ESTATES HOA 4113 GATEWAY DR #100 COLLEYVILLE, TX 76034 COURTESY NOTICE TODD WHITE 1904 INDUSTRIAL BLVD, SUITE 103 COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, July 22, 2016 by Araceli Botello Notification List ORDINANCE O-16-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING OF LOT 8R, BLOCK 1, OF THE INDUSTRIAL PARK ADDITION, LOCATED AT 1904 INDUSTRIAL BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR FOOD PACKAGING AND MANUFACTURING; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC16-010; 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 to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices Ordinance O-16-xxxx Page 2 of 4 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 authorizing a Special Use Permit for Food Packaging and Manufacturing on Lot 8R, Block 1, of the Industrial Park Addition, located at 1904 Industrial Boulevard, as depicted on the attached as 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 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. This Special Use Permit shall only apply to the use of Food Packaging and Manufacturing on the subject property as described in Exhibit “B”. b. The name of the business authorized under this ordinance shall be “Trulee Foods”. c. The subject property shall generally conform to the site plan as depicted in “Exhibit B”. d. Noxious fumes shall not be emitted from the premises as a result of the manufacturing of food. Ordinance O-16-xxxx Page 3 of 4 e. Parking requirements for the business shall be: 1 space per 300 square feet of gross floor area. f. 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 for the approved use. 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. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 6TH DAY OF SEPTEMBER 2016. Mayor Richard Newton Mayor Pro Tem Chris Putnam _____ Place 1, Tammy Nakamura Place 5, Nancy Coplen _____ Ordinance O-16-xxxx Page 4 of 4 Place 2, Bobby Lindamood Place 6, Mike Taylor _____ Place 4, Jody Short ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” - Location and Zoning Map Exhibit “B” – Site 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 3b Agenda Date 08/08/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a waiver to certain provisions of Section 5.9 (Minimum Tree Preservation Requirements) of the Land Development Code on Lot 4, Block 2, and Lot 3, Block 1, of the St. Andrews Addition, located at 6004 and 5812 St. Andrews Court, Case GC16-006 Explanation Jessica Mack of Our Country Homes, the applicant, is requesting a waiver to the requirements of Section 5.9 (Minimum Tree Preservation Requirements) of the Land Development Code. The applicant is requesting the waiver to reduce the percentage of required protected tree canopy coverage (of the entire St. Andrews Estates subdivision) by four percent on two lots which they own and are currently developing. Existing Conditions/Background: The subject properties are zoned R-20 Single Family Residential District and are platted lots of the St. Andrews Estates Addition. The subject properties are generally located north of L.D. Lockett Road and east of Precinct Line Road. Both residential lots are currently undeveloped. There are two home builders referenced in the following briefing: M. Christopher Custom Homes (Builder #1) and Our Country Homes (Builder #2). It is important to note that Builder #1 is not a party in this waiver request. However, actions taken by Builder #1 have impacted the overall development and are relevant to the waiver request. In January 2015, the entire St. Andrews Estates subdivision fell out of compliance with Chapter 5 (Tree Preservation) of the Land Development Code due to violations by Builder #1 within the subdivision. Based on these violations, no trees may be removed within the subdivision, which effects both builders. The waiver request up for consideration has been submitted by Builder #2 in order to proceed with the development of the subject properties. Variance Request. The applicant is requesting a waiver to the requirements of Section 5.9 (Minimum Tree Preservation Requirements) of the Land Development Code to permit a reduction in the percentage of required protected tree canopy coverage by four percent. Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 2 Ordinance: Section 5.9(B) of the Land Development Code states: “Minimum Existing Tree Preservation Requirements: When any new construction occurs, there shall be a minimum number of trees protected on the property.” Builder #2 has submitted two building permits (5812 and 6004 St. Andrews Court) to construct single family homes. The current building site plans submitted by Builder #2 will require approval to remove 8 additional trees, or four percent (4%) of the required preservation. The list below details the trees proposed for removal. 5812: removal of 4 trees (30 caliper inches) (1) 9-inch cedar elm (3) 7-inch cedar elms 6004: removal of 4 trees (57 caliper inches) (2) 14-inch post oaks (1) 6-inch cedar elm (1) 23-inch post oak Preservation: Tree preservation will be reduced to 27% (4% change from current conditions) Mitigation: Builder #2 will be responsible for 23 caliper inches after applying exemptions for tree types and location Staff requested alternate site plans for each lot in an effort to preserve the trees as originally approved. Builder #2 has indicated that alternate site plans are not preferable to the future home owners. Builder #2’s request constitutes a four percent (4%) variance to tree preservation requirements for the subdivision. Builder #2 has followed the approved tree preservation plans and/or the City approval process and has committed no violations. Furthermore, Builder #2 is proposing to meet their portion of the mitigation requirements should the waiver be approved. Analysis: The analysis portion to follow will include a synopsis of the events leading up to the reduction of the overall tree canopy coverage for the development which did not include actions by Builder #2. The Land Development Code regulates tree preservation for residential subdivisions by utilizing the entire boundary of the subdivision and giving a credit/value (tree canopy area) to each tree based on the diameter of the trunk. Section 5.9 provides a table which is utilized to determine the percentage of tree canopy coverage to be preserved. Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 3 Percentage of existing protected canopy tree coverage (LAND AREA COVERAGE) Minimum percentage of the existing protected canopy tree coverage to be preserved 0% - 20%70% 20.1% – 40%60% 40.1%– 60%50% 60.1% - 80%40% 80.1% - 100%30% St. Andrews Estates had a 20.6% canopy cover and was therefore required to preserve 60% of the existing tree canopy. The planning and approval of a tree preservation plan, as well as tree protection, during public improvements is generally the responsibility of the original applicant. In this case the original applicant (developer - JFD St Andrews, LTD) met all of the tree preservation requirements and all additional obligations at the time of acceptance by the City. Following acceptance, the developer sold the subdivision to Builder #1 and no longer owned property within the subdivision. Builder #1 followed suit and sold half of the lots (7) to Builder #2. In January 2015, Builder #1 proceeded to remove trees without a permit on one lot within the subdivision (6001 St. Andrews Court). Staff at this time followed the appropriate procedures in the Land Development Code and required Builder #1 to mitigate per Section 5.13-Penalties and Violations. Builder #1 has addressed the mitigation requirements for the violation. Following the violation, the overall tree preservation had fallen to 55% (60% required). In February 2016, City staff discovered a second violation by Builder #1 at 6001 St. Andrews Court. Additional trees were removed without a permit. In response staff failed the final inspection for the property and subsequently issued a citation to Builder #1. To date, Builder #1 is working with staff to reconcile the matter. The violations committed by Builder #1 caused the entire subdivision to fall below the required protected tree canopy coverage percentage. The data below illustrates the original preservation requirements, and the current status of the entire subdivision. Original Preservation Requirement = 60% Original Preservation Provided = 63% Current Preservation = 31% As previously discussed, Chapter 5 of the Land Development Code regulates tree preservation requirements for the entire subdivision. When a subdivision falls out of Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 4 compliance staff cannot administratively allow additional trees to be removed. Due to the previous violations and the non-compliant status of the subdivision, Builder #2 (the applicant) is not permitted to remove any trees without approval of a waiver from the Planning and Zoning Commission. This has presented a challenge for Builder #2 as they begin the building process on two lots. It should be noted that the subdivision had a three percent (3%) surplus prior to the violations. Builder #2 is requesting to remove four percent (4%), so a waiver would still be required to remove the trees as proposed. Although the current conditions within the boundaries of the subdivision do not meet the requirements of the Land Development Code, the provisions established for violations have been applied to each illegal action. Staff continues to work with Builder #1 to obtain the required mitigation. Builder #2 continues to follow the appropriate approval processes and procedures to ensure compliance with City requirements. Planning and Zoning Commission Actions. The Commission may: Deny Approve Approve with conditions: - Conditions must be directly tied to the waiver The goal of a condition must be to meet the requirements of the Land Development Code or their functional equivalent (Example: Plant more trees, or pay into tree fund) Staff Recommendation. The applicant has requested a variance to allow for a reduction in the percentage of protected tree canopy coverage on the subject properties. Due to the unique conditions within the subdivision, staff cannot permit future building permits without approval from the Planning and Zoning Commission. The request up for consideration does not meet the requirements of Chapter 5 of the Land Development Code, therefore staff must recommend denial based on technical noncompliance. Builder #2 has committed no violation within the subdivision. Recommendation Denial Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Map Use 4.Statement of Planning Objectives Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 5 5.5812 St Andrews Site and Tree Mitigation Plan 6.6004 St Andrews Site and Tree Mitigation Plan 7.St. Andrews Subdivision Tree Preservation Plan K A Y S L D LOCKETT C R E S C E N T S T A N D R E W S S H E R S T O N LAURA LOCKLEY C H A L F O R D D U N S T E W T A P P E N S H I R E B R Y T O N 5802 716 6008 712 719 711 724 711 711 6100 719 712 712 712 716 723 720 715 715719 716 716 720 715 724 727 720 708 707 6001 705 7275912 5803 5808 913 5908 5904 5900 5808 5913 701 5800 5804 5808 5801 801805 6004 6101 5800 5804 704 5908 5812 6000 5808 5900 5912 5804 5804 5801 5909 5805 5809 5905 5812 5801 5813 905 5816 5901 5805 5905 5809 707 5813 5901 5909 5913 5714 5917 713901801809805 5809 709 5812 705 6013 1013 6009 6017 6005 6021 5904 6001 5805 5704 6032 6025 5927 5811 5911 5716 5922 5902 5907 5910 5841 5825 5842 5918 5849 5834 5829 5923 5833 5837 5914 5846 5915 5712 6028 5903 5830 5838 5845 5906 5931 5708 5935 5800 6024 5807 5815 5721 5821 5919 57055728 7095701 5725 6021 701 5802 5803 GC16-006 5812 AND 6004 ST. ANDREWS COURT Legend Subject Prop ertiesI1 inch = 20 8 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP K A Y S L D LOCKETT C R E S C E N T S T A N D R E W S S H E R S T O N LAURA LOCKLEY C H A L F O R D D U N S T E W T A P P E N S H I R E B R Y T O N R-20R-20 R-20 PUD-R R-40 R-20 R-20 PUD-RPUD-R R-40 5802 716 6008 712 719 711 724 711 711 6100 719 712 712 712 716 723 720 715 715 719 716 716 720 715 724 727 720 708 707 6001 705 7275912 5803 5808 913 5908 5904 5900 5808 5913 701 5800 5804 5808 5801 801805 6004 6101 5800 5804 704 5908 5812 6000 5808 5900 5912 5804 5804 5801 5909 5805 5809 5905 5812 5801 5813 905 5816 5901 5805 5905 5809 707 5813 5901 5909 5913 5714 5917 713901801809 5809 709 5812 705 6013 6009 6017 6005 6021 6001 5805 5704 6032 6025 5927 5811 5911 5716 5922 5902 5907 5910 5825 5842 5918 5849 5834 5829 5923 5833 5837 5914 5846 5915 6028 5903 5830 5838 5845 5906 5931 5935 5800 6024 5807 5815 5721 5821 5919 5705 7095701 5725 8051013 5904 5841 571257085728 6021 701 5802 5803 GC16-006 5812 AND 6004 ST. ANDREWS COURT Legend Subject Prop ertiesI1 inch = 20 8 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP K A Y S L D LOCKETT C R E S C E N T S T A N D R E W S S H E R S T O N LAURA LOCKLEY C H A L F O R D D U N S T E W T A P P E N S H I R E B R Y T O N 5802 716 6008 712 719 711 724 711 711 6100 719 712 712 712 716 723 720 715 715719 716 716 720 715 724 727 720 708 707 6001 705 7275912 5803 5808 913 5908 5904 5900 5808 5913 701 5800 5804 5808 5801 801805 6004 6101 5800 5804 704 5908 5812 6000 5808 5900 5912 5804 5804 5801 5909 5805 5809 5905 5812 5801 5813 905 5816 5901 5805 5905 5809 707 5813 5901 5909 5913 5714 5917 713901801809805 5809 709 5812 705 6013 1013 6009 6017 6005 6021 5904 6001 5805 5704 6032 6025 5927 5811 5911 5716 5922 5902 5907 5910 5841 5825 5842 5918 5849 5834 5829 5923 5833 5837 5914 5846 5915 5712 6028 5903 5830 5838 5845 5906 5931 5708 5935 5800 6024 5807 5815 5721 5821 5919 57055728 7095701 5725 6021 701 5802 5803 GC16-006 5812 AND 6004 ST. ANDREWS COURT Legend Subject Prop erties COLLEYVILLE BLVD CO RRIDO R RESIDENTIAL COMMERCIAL INSTITUTIONAL PARKS/ O PEN SPACEI1 inch = 20 8 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. FUTURE LAND USE MAP !(D !(D !(D !(D!( !(D !(D !(D !(D !(D!(D !(D !(D !( !(D !(D !(D!(D !(D !(!(!( !( !( !(!( !( !(D !(D !(D !(D!( !( !(!(!( !(D!(D!(D !(D!(D!(D !(!(!(D!(D!(D!(D !(D!(D!(D !(D!(D !(D!(D !(!(!(!(!(!(!(!(!(!(!(!(D!(D !(D!(D !(D!(D!(D!(!(!(!(D!(!(!(D!(D !(D !(D!(D!(D !(D!(!(D !(D !(D !(D!(!(D!(D!(D!(D!(D !(D!(D!(D!(D!(D !(D!(D !(D!(D !(!(D!(!(D!(D!(D !(D !(D!(D!(D!(D !(D !(!(D !(!(D !(!(!(!(!(D!(D!(D !(D !(!(D !(D!(!(D !(!(D !(!(!(D !(!(D !(!(!(D !(!(!(!(!(!( 9 8 7 6 4 3 2 1 99 9897969594939190898886858483828180777372717069686755 5453 52515049484746 4542 414039 38 37 31 30 29 28 19 18 17 16 15 13 12 11 10 145143140137135 133132130129128127122120118117116115 114113112111110 108106105104 103102101100 5 92 87 7978 7675 66 65646362616059 585756 44 43 36 35 3433 32 27 26 25 24 23 22 21 20 14 151150 148149147146 144142141139 13813613413112612512412312111910910774 0 8 0 1 6 0 40 Fe e t !(D Re m o v e d o r U n p r o t e c t e d T r e e !( Pr e s e r v e d T r e e 1 i n c h e q u a l s 4 0 f e e t NPrepared by: Caleb Tandy, ISA Certified Arborist (TX-3710A) Urban Forester, City of Colleyville Date: 5/24/2016 Sc a l e d P a g e S i z e : 2 4 x 3 6 Bo l d d a s h e d l i n e s u r r o u n d s t r e e s t h a t w e r e i n t e n d e d t o b e p r e s e r v e d a n d p r o te c t e d 58 1 2 S t . A n d r e w s C t 6004 St. Andrews Ct. !(D !(D !(D !(D!( !(D !(D !(D !(D !(D!(D !(D !(D !( !(D !(D !(D!(D !(D !(!(!( !( !( !(!( !( !(D !(D !(D !(D!( !( !(!(!( !(D!(D!(D !(D!(D!(D !(!(!(D!(D!(D!(D !(D!(D!(D !(D!(D !(D!(D !(!(!(!(!(!(!(!(!(!(!(!(D!(D !(D!(D !(D!(D!(D!(!(!(!(D!(!(!(D!(D !(D !(D!(D!(D !(D!(!(D !(D !(D !(D!(!(D!(D!(D!(D!(D !(D!(D!(D!(D!(D !(D!(D !(D!(D !(!(D!(!(D!(D!(D !(D !(D!(D!(D!(D !(D !(!(D !(!(D !(!(!(!(!(D!(D!(D !(D !(!(D !(D!(!(D !(!(D !(!(!(D !(!(D !(!(!(D !(!(!(!(!(!( 9 8 7 6 4 3 2 1 99 9897969594939190898886858483828180777372717069686755 5453 52515049484746 4542 414039 38 37 31 30 29 28 19 18 17 16 15 13 12 11 10 145143140137135 133132130129128127122120118117116115 114113112111110 108106105104 103102101100 5 92 87 7978 7675 66 65646362616059 585756 44 43 36 35 3433 32 27 26 25 24 23 22 21 20 14 151150 148149147146 144142141139 13813613413112612512412312111910910774 0 8 0 1 6 0 40 Fe e t !(D Re m o v e d o r U n p r o t e c t e d T r e e !( Pr e s e r v e d T r e e 1 i n c h e q u a l s 4 0 f e e t NPrepared by: Caleb Tandy, ISA Certified Arborist (TX-3710A) Urban Forester, City of Colleyville Date: 5/24/2016 Sc a l e d P a g e S i z e : 2 4 x 3 6 58 1 2 S t . A n d r e w s C t 6004 St. Andrews Ct. Date: -` 6 L/, LSI will speak In Support of this item. I will speak In Opposition to this item. Age Narr Add City SPEAKER CARD I do not wish to speak, but please record my: ❑support ❑opposition Telephone Number: Kms/ Zi K 'representing: (organization/self) 1 understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. Date: kJ SPEAKER CARD Y_ I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak but please record my: ❑support ❑opposition Agenda Item Number: (";C.1(a-C�Ub 3-6 Name: i 0 Address: Z(P Z(p kl b6e City: State: Zip Code: Telephone Number: Representing: (organization/self] 1 understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record.