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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-2/26/2007 City of Colleyville Meeting Agenda Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, February 26, 2007 7:00 PM City Council Chambers 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER 2. ROLL CALL Commissioners Robert McCormick, Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly 3. INVOCATION Commissioner McCormick 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES February 12, 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Discuss and review progress on land use changes regarding the Comprehensive Plan, Case G-07 -004 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a Zoning Change request from RE-Residential Estate to PUDR-Planned Unit Development Residential on 4.1 acres on Lots 1 and 2, Block 1 of the Wildwood Estates Addition located at 5604 and City of Colleyvi/le Page 1 Printed on 2/23/2007 Planning and Zoning Commission Meeting Agenda February 26, 2007 5700 Pool Road, Case Z-07-007 9. TABLED AGENDA ITEMS 9a Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres located in the 1600 block of Sanders Lane, Case P-07-009 9b Approval for a Special Use Permit for alcohol sales Lot AR of the E.M. Thompson Addition located at 5224 Colleyville Boulevard, Case Z-07-003 1 o. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 11. COMMISSIONERS' COMMENTS AND REPORTS 12. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, February 22, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyvil/e Page 2 Printed on 2/23/2007 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Minutes - Draft Monday, February 12, 2007 7:00 PM City Council Chambers Planninq and Zoning Commission City of Colleyville Minutes - Draft Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, February 12,2007 7:00 PM City Council Chambers 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on February 12, 2007 at 7:03 p.m. 2. ROLL CALL Present: Commissioners Robert McCormick, Dave Dudziak, Scott Redfearn, David Phelps, Denis Duffy, Jeff Byerly Absent: Commissioner Mary Taylor Staff Members: Chris Fuller, Barry LeBaron, Rob McKeown, Chad Bartee, Jeremy Hutt, Steve Chutchian, Oal Anderson and Amy Shelley 3. INVOCA TION 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Redfearn moved to approve the January 22, 2007 meeting minutes. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Redfearn, Phelps, Duffy, Byerly Absent: 1 - Taylor City of Colteyvil/e Page 1 Printed on 2/15/2007 Planning and Zoning Commission Minutes - Draft February 12, 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA Greg Winslow, 3916 Wayne Drive, spoke in regards to Covenant Christian Academy. 7. REGULAR AGENDA ITEMS 7a Approval of a Final Plat of Copperglen Addition on 5.6 acres located at 3798 - 3804 Glade Road, Case P-07 -008 Commissioner Byerly recused himself from this agenda item. Vice-Chairman Duffy took over the meeting. Chris Fuller presented the case and briefed the Commissioners. Commissioner Dudziak stated to staff he does not see who is responsible for the maintenance of the road in the Homeowner Association Covenants documents? City Attorney Michael Kallas replied his office has reviewed the documents and has accepted the documents as written. Commissioner Redfearn moved to approve case P-07 -008. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Redfearn, Phelps, Duffy, Byerly Absent: 1 - Taylor 7b Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres located in the 1600 block of Sanders Lane, Case P-07-009 Commissioner Byerly recused himself from this agenda item. Vice-Chairman Duffy took over the meeting. Chris Fuller presented the case and briefed the Commissioners. Commissioner Redfearn questioned staff if the Homeowner Association (HOA) documents are required because it is a gated community? Chris Fuller replied correct and the developer did not have the documents ready before the Planning and Zoning Commission meeting. Commissioner Redfearn questioned staff regarding the small open spaces along the north side, Lot 12, Lot 17 and Lot 22, in such a narrow space, what is the conceived compliance with that open space fitting the general description for what is expected for an open space? Is it going to be sufficient to enhance the enjoyment of the development? Chris Fuller replied it is in conformance with the preliminary plat and with the approved zoning exhibit in the approved ordinance, with regard to the Page 2 Printed on 2/15/2007 City of Colleyvi/le Planning and Zoning Commission Minutes - Draft February 12, 2007 intent, it does provide separation between the buildings and a green belt through those residential units. It does meet the spirit of what was proposed by the ordinance when taken in with the overall development. Commissioner Dudziak concurred and stated the Commission wanted to have more open spaces between the buildings in order to have better fire access in case an emergency were to occur. Commissioner Dudziak stated it being difficult to approve the final plat when part of the criteria of approving the plat is for the HOA documents to be in place. Commissioner Duffy stated being tired of sending things to City Council without everything being in place. Commissioner Duffy moved to table case P-07 -009 until the February 26,2007 meeting. Commissioner McCormick seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Redfearn, Phelps, Duffy, Byerly Absent: 1 - Taylor 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a Replat for Lot 1 R2, Block 1 of the Monterra Place Addition located at 1704 Tennison Parkway, Case P-07-011 Chris Fuller presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding what is the zoning for the property to the north of this property? Chris Fuller replied CC2-Shopping Center. Commissioner Byerly opened the public hearing at 7:21 p.m. There being no one wishing to speak, the public hearing was closed at 7:21 p.m. Commissioner Duffy moved to approve case P-07-011. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Redfearn, Phelps, Duffy, Byerly Absent: 1 - Taylor 8b Approval for a Special Use Permit for alcohol sales Lot AR of the E.M. City of Colleyville Page 3 Printed on 2/15/2007 Planning and Zoning Commission Minutes - Draft February 12, 2007 Thompson Addition located at 5224 Colleyville Boulevard, Case Z-07 -003 Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:24 p.m. Clifford Karr, representing the applicant, Don Noblit, came forward to brief the Commissioners and answer questions. Commissioner Duffy questioned Mr. Karr regarding who is reapplying for the Special Use Permit (SUP)? Mr. Karr replied the owner, Mr. Hartsell. Commissioner Duffy stated to Mr. Karr it hard to believe this to be a family establishment by being open until 2:00 a.m. Commissioner Duffy questioned Mr. Karr regarding what is going to be done different with this property as opposed to the last time? Mr. Karr stated they have improved the prospective occupant, George Haddad, for this location. He stated they have checked his background. Commissioner Duffy stated having issues with the previous business, Smitty's. Commissioner Duffy stated wanting to see another food establishment in Colleyville, however, he stated not seeing anything different with this new occupant than from the previous occupant. He stated it is the same building with the same operation, the same hours. Mr. Karr stated the applicant has information regarding improving the inside and outside of the building as well as improvements to the parking lot. Commissioner Duffy questioned Attorney Kallas if a time limit could be placed on the SUP for this location? Attorney Kallas replied there could be a probationary period that could be renewed in a year. The owner would then have to reapply for the SUP or a termination date could be placed on the SUP. Commissioner Phelps questioned staff if the actual applicant, who will be in the building, could be heard from tonight? Commissioner Byerly replied yes. Commissioner Dudziak questioned Mr. Karr what improvements are going to be done to this property? Mr. Karr replied the applicant is going to landscape it, repair the parking lot, paint the building, enhance the front patio, fence the back of the property along the creek and the interior will be totally redone. Commissioner Byerly questioned Mr. Karr if anyone, being Mr. Hartsell, Mr. Haddad or Mr. Noblit, has anything to do with Smitty's. Mr. Karr replied nothing other than a landlord tenant relationship. Commissioner Duffy questioned Mr. Karr regarding what is the square footage of the property? He stated the Tarrant Appraisal district City of Colleyvi/le Page 4 Printed on 2/15/2007 Planning and Zoning Commission Minutes - Draft February 12, 2007 indicates 5,160. He stated for any commercial facility serving alcohol over 5,000 square feet requires a commercial fire sprinkler system. He questioned Mr. Karr if there will be a commercial fire sprinkler system installed? Mr. Karr replied not knowing, he stated according to the lease, there is 4,960 square feet or something. Fire Marshal Rob McKeown concurred with Commissioner Duffy. Marshal McKeown questioned Mr. Karr if the dentist office was included in the square footage? Mr. Karr replied no. Marshal McKeown stated all have to be included. Mr. Karr questioned Marshal McKeown if those occupants will have to sprinkle their facility? Marshal McKeown stated no, but since this facility will be selling alcohol, he stated he can make them sprinkle their part. Mr. Noblit came forward and replied the square footage is 4,979 square feet and there is a double fire wall. Marshal McKeown replied the other part of the building is included in the square footage. Mr. Noblit stated he does not have access to those parts of the building. He stated they are not in the same ownership. Marshal McKeown stated as part of the amendments, those facilities have to be included as part of the square footage. Mr. Noblit replied not knowing that information and this is the way it has always been. Commissioner Duffy stated the code requires sprinkle because of the sale of alcohol. Mr. Karr replied not knowing if the owner will be sprinkling the building. Commissioner Duffy stated the SUP would not be approved without the sprinkle requirement. George Haddad, Papa G's Sports Bar, prospective occupant, came forward to present his case and brief the Commissioners. Commissioner Phelps stated he wants a better establishment than what has been in the building previously. Mr. Haddad replied he runs his business with the greatest of integrity. Commissioner Dudziak stated this is not a family facility with hours of operation until 2 a.m. Mr. Haddad stated this is a family facility, but the facility will be open until 2 a.m. Commissioner Byerly questioned Mr. Haddad regarding the smoking in this facility? Mr. Haddad replied if the smoking is disallowed, he stated he would have no problems with that. Commissioner Dudziak questioned Mr. Haddad what type of ammonites will be provided for the patrons? Mr. Haddad replied video games, Golf 2007. He stated he is trying to target the Villages at Colleyville with an upscale facility. There will be DJ entertainment as well. Commissioner Phelps stated he wants to go through the packet that has been presented tonight and clarify the square footage and sprinkler requirements. City of Colleyville Page 5 Printed on 2/15/2007 Planning and Zoning Commission Minutes - Draft February 12, 2007 Mr. Haddad questioned staff regarding since there is a fire wall between the two buildings, does that not suffice the need? Commissioner Byerly replied the Fire Chief can address that issue if there is a need for one. Commissioner Dudziak stated there could be a time limit or renewal date on the SUP, he questioned Mr. Haddad if a one year term would be agreeable with him? Attorney Kallas stated if there is a termination date or renewal date on the SUP, that means the SUP would have to be renewed and would come before the governing body for another approval and if that approval is not obtained then it would not be in compliance with the zoning and it would not be allowed to sell alcohol. Mr. Haddad stated being agreeable with that. Ben Johnson, 1712 Oak Knoll Drive, stated not being opposed to businesses and growth, however, this establishment has had issues. He stated this is not the type of establishment for Colleyville. Michael Ray, Executive Pastor for First Baptist Colleyville, stated being opposed to the SUP for this location. There being no one wishing to speak, the public hearing was closed at 7:53 p.m. Commissioner Redfearn stated having a concern for the fire code issue. He stated wanting to see a dramatic transformation for this property. Commissioner Redfearn moved to continue case Z-07 -003 to the February 26,2007 meeting. Commissioner Phelps seconded. Commissioner Dudziak stated wanting to see some type of drawings regarding the upgrades to the facility with solid ownership. Commissioner Duffy questioned staff regarding if the sprinkler system goes all the way back to Mr. Hartsell, the property owner? Attorney Kallas stated if it is a requirement of the SUP or by the code, then it will have to be a discussion between the property owner and tenant. Commissioner Byerly questioned Attorney Kallas if the fire sprinkler can be made a requirement regardless of the square footage for the SUP? Attorney Kallas replied there would have to be specific issues as to why the sprinkler would be required for this property and not for others. A SUP can be tailored for the specifics of the case. If the Commission finds that it is reasonable to require sprinkling in this establishment based on the circumstances, that it is absolutely something that can be required. Commissioner Byerly stated that being his preference, to make the sprinkler be a part of the SUP, to eliminate any controversies between the Fire Marshal with the square footages. City of Colleyville Page 6 Printed on 2/15/2007 Planning and Zoning Commission Minutes - Draft February 12, 2007 Commissioner Duffy stated 5,000 square feet or alcohol sales requires a commercial facility to be sprinkled, he stated someone failed to do it in the past. Attorney Kallas stated if it is an alcohol establishment and they are required to be sprinkled, then they will have to do it. Regardless of that, if the Commission wanted to put that as a condition on the SUP that would be fine too. The condition would have to be justified by reasons why this property must be sprinkled at less than 5,000 square feet, if in fact it is, versus why others have been pushed beyond that point. Those reasons may exist, they need to be brought out in the testimony. Commissioner Byerly stated wanting to see the draft ordinance for the next meeting. Commissioner Dudziak questioned staff regarding what are the smoking requirements? Chris Fuller replied those are in the regular code of ordinances. Commissioner Dudziak stated wanting to see those for the next meeting as well. Commissioner Byerly stated the applicant will need to look at the smoking policy. Commissioner Phelps questioned Marshal McKeown regarding if confirmation could be received for the adjoining building, if it is an absolute requirement for the square footage. Marshal McKeown acknowledged. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Redfearn, Phelps, Duffy, Byerly Absent: 1 - Taylor 8c Approval of a Zoning Change from R40-Single Family Residential to R20-Single Family Residential on 1.9 acres out of the T.J. Polson Survey located at 4812 Bransford Road, Case Z-07-004 Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned what amount of land is available for building on proposed Lot 1, next to the creek? He stated there is a flood plain issue there. Chris Fuller stated the applicant will be required to provide drainage information at the time of platting, however, the engineering department can confirm regarding the potential flood plain in the area. Commissioner Dudziak questioned staff if the flood plain will affect those lots by the build lines? Chris Fuller replied no, the zoning district would dictate the lot configuration. Commissioner Dudziak questioned staff Page 7 Printed on 2/15/2007 City of Colleyvitle Planning and Zoning Commission Minutes - Draft February 12,2007 regarding if this zoning is approved, and then later it is found out that the lot is not buildable, would that lot be eliminated? Chris Fuller replied it being possible to reclaim some of the land from the flood plain. Barry LeBaron replied the Commission is looking to see if this land can be developed as R20 lots. If the zoning is approved, the applicant may come forward with a drawing that will only net out two buildable lots once the drainage and everything else is looked at. Project Engineer, Jeremy Hutt stated there is no flood plain or floodway in this area. Commissioner Duffy stated there is enough land for two good R40 lots. He stated the Master Plan has estate lots outlined for this property. Commissioner Redfearn questioned staff regarding if the plat would come before the Planning and Zoning Commission? Chris Fuller replied yes. Commissioner Byerly opened the public hearing at 8:05 p.m. Andrew Butler, the applicant, came forward to present the case and brief the Commissioners. Commissioner Phelps questioned Mr. Butler regarding why not have one lot face Glade and the other lot face Bransford? Mr. Butler replied that being a possibility, but not the best use of the property. The intent is to have similar square footage homes to have a consistent product line. The purpose of having three lots is for the cost effectiveness. Commissioner McCormick questioned Mr. Butler regarding what is the square footage of this property? Mr. Butler replied 1.9 acres, just under 82, 000 feet. Commissioner Redfearn stated for clarity that by keeping the configuration as it is now, this western most portion, is impractical for open space or green space and not practical for a pool, therefore by trying to use the western strip, Mr. Butler wants to put a home on that lot. He questioned staff regarding how close can a home be built to those property lines? Chris Fuller replied in the R20 zoning district there are 10 foot side yard setbacks, 25 foot rear setbacks and 30 foot front yard setbacks. Commissioner Phelps questioned staff regarding what are the R40 zoning district setbacks? Chris Fuller replied the rear is 25 feet, 40 feet on the front and 15 side setbacks. Commissioner Phelps stated a waiver could be placed if those setbacks were to make or break the deal. Chris Fuller concurred. Luann Edwards, 220 W. Glade Road, spoke in opposition of the R20 City of Colfeyville Page 8 Printed on 2/15/2007 Planning and Zoning Commission Minutes - Draft February 12, 2007 request and stated being in favor of R40. Nadine Harrington, 405 Glade Road, stated having concerns for the flooding and stated being against having three homes. Linda Kelton, 4813 Ford Court, stated having issues with the drainage and stated being opposed to anything being built on the proposed Lot 1. D.K. Kimbrell Jr., 405 Glade Road, stated being opposed to large homes being built on that property. Norris Ward, 409 Glade Road, stated having concerns for the homes being built on those lots. He stated they would have to be built up to keep them from flooding. He stated not being opposed to building, just worried about what will happen to his property. Faisal EI-Chantaf, 4804 Bransford Road, stated not being opposed to any building, but concurred with all of the other speakers regarding the flooding. He questioned how close those new homes would be to his home? There being no one wishing to speak, the public hearing was closed at 8:38 p.m. Commissioner Byerly concurred with Commissioner Duffy. He stated this property needs to remain R40, which would have two nice estate lots. Commissioner Byerly moved to deny case Z-07 -004. Commissioner McCormick seconded. Commissioner Phelps stated if the proposed Lot 1 is to be built on, it will have to be built up and it would then push the water somewhere else. He concurred with Commissioner Duffy. Commissioner Byerly moved to deny case Z-07 -004. Commissioner McCormick seconded. Commissioner Phelps stated if the proposed Lot 1 is to be built on, it will have to be built up and it would then push the water somewhere else. He concurred with Commissioner Duffy. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Redfearn, Phelps, Duffy, Byerly Absent: 1 - Taylor City of Colleyville Page 9 Printed on 2/15/2007 Planning and Zoning Commission Minutes - Draft February 12, 2007 8d Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on 6.4 acres out of the George W. Teeter Survey located at 1301 Glade Road, Case Z-07-005 Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy stated the drainage on this property and the drainage from Riverwalk will have to be pushed to the back of the property. He stated wanting to see a drainage analysis done now. He stated in the Master Plan this is an estate lot. Commissioner Phelps questioned staff regarding the road that will go down the far property line, will that impose anything on the adjacent lot? Chris Fuller replied as long as the right of way is contained within this development, it should not have an effect, in terms of construction. The drainage study that the applicant will provide at the time of platting will show if any storm water or any off site conditions that would affect the other lot. At this time, the answer is no. Commissioner Phelps questioned staff regarding if there would height restrictions on fencing or other types of screening. Chris Fuller replied there are no regulations regarding buffering a road on a property line. Commissioner Dudziak and Barry LeBaron discussed similar issues with another property regarding a road being adjacent to a residential lot and that road having an affect on the residential area. It was determined that there was a commercial component to that area and the road was not put in. Commissioner Redfearn stated the property to the left is zoned AG-Agricultural, to the right is zoned R20-Single Family Residential, and across Glade Road is the Bridges at Riverwalk which is zoned PUD-Planned Unit Development Residential and the lower left corner is zoned R20. He stated this subject property is surrounded by R20 zoning. Chris Fuller concurred. Commissioner Byerly opened the public hearing at 8:50 p.m. Ron Shirley, the applicant, came forward to present the case and brief the Commissioners. He stated the east property line, a portion of the survey that is in dispute, will be dedicated to the adjacent property owners, the Hubbards, in order to give this development a greater buffer area. Commissioner Duffy questioned Mr. Shirley regarding what property will be deeded to his neighbors? Mr. Shirley replied along the east property line, a wedge that is in dispute. City of CotJeyville Page 10 Printed on 2/15/2007 Planning and Zoning Commission Minutes - Draft February 12, 2007 Commissioner Duffy questioned if there will be a tree mitigation plan? Mr. Shirley replied correct, the street is configured on the property to save the trees. Commissioner Phelps questioned for clarity Mr. Shirley regarding who will the property be deeded to? Mr. Shirley stated the property adjacent to this lot at 1309 Glade Road, the Hubbards. Mr. Shirley stated he would put in a privacy fence to create a buffer for the adjacent neighbor. Commissioner Dudziak questioned Mr. Shirley if the lot fronting Glade Road could be an estate lot, deeper and face Glade Road? Mr. Shirley stated since we are coming 30 feet off of Glade Road, and there is a large tree that we want to preserve for the entry way. He stated this lot is pretty close to the estate size, over 26,000 square feet. Commissioner Byerly questioned Mr. Shirley if the plat will reflect the 30 feet off of Glade Road for that first lot? Mr. Shirley replied correct and in front of that fence will be the greenbelt area. Tom Hoover, Thomas Hoover Engineering, the applicant's engineer, he came forward to explain the drainage pattern for this property and answer any questions the Commissioners had regarding drainage. Commissioner Duffy questioned Mr. Hoover regarding who will maintain the pond on Lot 9? Mr. Shirley stated the Homeowner Association (HOA) will maintain it and that will be outlined in the covenants and restrictions. Commissioner Byerly questioned Mr. Shirley regarding if Lot 9 is a buildable lot? Mr. Shirley replied yes, the HOA will maintain the pond portion of Lot 9. Commissioner Dudziak questioned Mr. Shirley if the pond on Lot 3 will be maintained by the HOA as well? Mr. Shirley stated the homeowner for Lot 3 will own the pond and maintain it, however if that pond is not properly maintained then the HOA will take over. Commissioner Phelps stated this property looks like a good transition area for a R30 zoning district. Mr. Shirley stated the lots adjacent to his property are zoned R20 even though those lots are larger than 20,000 square feet. He stated the figures will not work out for having only six lots. Harold Whitten, 1209 Garry Lynne Drive, stated having issues with drainage and traffic. He stated being opposed to the rezoning request. Steve Hickson, 1315 Glade Road, stated having concerns regarding City of Colleyville Page 11 Printed on 2/15/2007 Planning and Zoning Commission Minutes - Draft February 12,2007 drainage and traffic. He stated being opposed to the higher density and the request. William Hubbard, 1309 Glade Road, stated there is a property dispute between the subject property and his property being 13,046 square feet of land. He stated Mr. Shirley will be creating a buffer area between the subject property and his property. Attorney Kallas stated the property dispute will not be legally filed by what is said during this hearing. He stated those are documents are to be filed between the property owners outside of this hearing. John Salazar, 1201 Garry Lynne Drive, stated being opposed to the rezoning request. There being no one wishing to speak, the public hearing was closed at 9:27 p.m. Attorney Kallas reminded the Commissioners that the plat is not a topic of discussion for tonight's meeting. Commissioner Dudziak questioned staff regarding will 25 feet of Mr. Hickson's property be taken away if Glade Road is widened? Chris Fuller referred to City Engineer Chad Bartee. Chad Bartee stated the right of way will be dedicated during the platting process for future roadway improvements. He stated not knowing about Mr. Hickson's property, if right of way was dedicated or if Mr. Hickson's property is platted. Barry LeBaron stated the subdivision where the street Garry Lynne is located was platted many years ago and when platted, the Master Plan may not have shown the width of Glade Road that is shown today. However, this development being considered tonight, may have to dedicate additional right of way which was not required by the adjacent subdivision. In regards to the 30 foot setback, it will be taken into consideration at the time a plat is presented to the Commission. Commissioner Byerly questioned staff regarding where on the Thoroughfare Plan does it show Glade Road to be a four lane road and then go back down to a two lane road? Barry LeBaron replied not having that information for tonight's meeting. Commissioner Phelps provided the Thoroughfare Plan. Barry LeBaron stated the scale does not indicate the lane set up for Glade Road. Commissioner Dudziak stated wanting to see a larger lot development. Commissioner Dudziak moved to deny case Z-07 -005. Commissioner McCormick seconded. City of Colleyville Page 12 Printed on 2/15/2007 Planning and Zoning Commission Minutes - Draft February 12, 2007 Commissioner Byerly stated there is enough room to make the grand entrance for the estate feel. He stated this property is surrounded by R20 properties with a higher density across the street with a commercial component. He stated this property is unique because it is so deep. He stated being opposed to denying the request. Commissioner Phelps stated being supportive of the larger lot developments. He stated the density is too high for this property. He stated it would make better sense to have a smaller density area, possibly on R30 area but an R40 area would be optimal. Commissioner Redfearn stated there is not much frontage relative to the overall size of the property. He stated to go to R40, it would require the development to move south. He stated all that can be controlled in this development would be the front lot. He stated because of the zoning surrounding this property, he would be in favor of the R20 request. Commissioner Byerly stated this development is a little less dense than a typical R20 zoning. Commissioner Phelps stated the estate appearance should not be left to the people driving down Glade Road, it should be what the residents feel as well. The motion carried by the following vote: Aye: 4 - McCormick, Dudziak, Phelps, Duffy Nay: 2 - Redfearn, Byerly Absent: 1 - Taylor 8e Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on .65 acres out of the S.C.H. Witten Survey located at 5504 Montclair Drive, Case Z-07-006 Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 9:41 p.m. There being no one wishing to speak, the public hearing was closed at 9:41 p.m. Commissioner Duffy moved to approve case Z-07-006. Commissioner Byerly seconded. City of Colleyville Page 13 Printed on 2/15/2007 Planning and Zoning Commission Minutes - Draft February 12, 2007 The motion carried by the following vote: Aye: 4 - McCormick, Dudziak, Duffy, Byerly Nay: 2 - Redfearn, Phelps Absent: 1 - Taylor 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 10. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Byerly thanked Barry LeBaron for not putting the master plan update on this full agenda. Barry LeBaron replied the update will be ready for the next agenda and it will be very brief. Commissioner Duffy stated wanting to see the flood plain map for the Bransford Road area. Barry LeBaron replied he would look into that for the Commissioners. 11. ADJOURNMENT The meeting adjourned at 9:33 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, February 8,2007. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 14 Printed on 2/15/2007 City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 02/26/2007 Requester: Community Agenda No.: 7a Final Action: Development Department File Name: Discuss and review progress on land use changes regarding the Comprehensive Plan, Case G-07 -004 Attachments: Approved Rezoning Cases. Z-06-001 Future Land Use Plan. Z-06-012 Future Land Use Plan . Report of Planning and Zoning Commission History of Legislative File Version: Date: Acting Body: Action Text: 1 02/26/2007 Planning and Zoning Commission Title Discuss and review progress on land use changes regarding the Comprehensive Plan, Case G-07 -004 Explanation Chapter 211 of the Texas Local Government Code provides the authorization for municipalities to adopt zoning regulations, which states that zoning must be adopted in accordance with a comprehensive plan. A strong link between the comprehensive plan and the zoning action of a municipality is considered one of the best defenses to a legal challenge of a zoning case approval or denial, which explains why all City of Colleyville agenda briefings describing a rezoning request include a statement of consistency or inconsistency with the comprehensive plan. The comprehensive planning document in Colleyville is the 2004-2025 Colleyville Master Plan, which was adopted by the City Council on October 19, 2004. Contained within the 2004-2025 Colleyville Master Plan is the Future Land Use Plan, which is a map indicating the future land use of all properties in Colleyville. A recommendation of the 2004-2025 Colleyville Master Plan is for the Planning and Zoning Commission and the City Council to periodically review, preferably on an annual basis, those zoning cases approved during the previous year and identify those cases where the zoning request was approved even though the requested zoning was determined to be inconsistent with the Future Land Use Plan. In reviewing the list of past zoning cases, there have been a total 44 zoning cases approved City of Colleyvi/le Page 1 Printed on 2/23/2007 Agenda Briefing Continued between October 19, 2004 and the end of 2006. Only two of those approved zoning cases requested a zoning classification that was inconsistent with the Future Land Use Plan contained in the 2004-2025 Colleyville Master Plan. Attached is a list of the 44 zoning cases approved during the twenty-six month period covered in this review. These two rezoning cases are described as follows. 1. Case Z-06-001 was a rezoning request for a town home project containing 124 residential units located near the intersection of Glade Road and Heritage Avenue. The Future Land Use Plan shows approximately forty percent of the proposed development as a future retail and office area, which is not consistent with the residential use of the proposed development. The remaining sixty percent of the development is located in a future residential area, which is consistent with the proposed developments residential use. Attached is copy of the portion of the Future Land Use Plan showing the location of this parcel. 2. Case Z-06-012 was a rezoning request for a residential development containing 49 lots for detached single family dwellings and 25 lots for townhomes. This development is proposed for the 1600 block of Sanders Lane. The proposed residential project is not consistent with the Future Land Use Plan, which shows this area as a future office development. Attached is a copy of the portion of the Future Land Use Plan showing the location of this parcel. Staff has attached a draft report for the Commission's consideration for acceptance and forwarding to the City Council. The attached report states that the small number of zoning cases that have been approved over the past two years, the two cases described above, are insufficient to warrant a complete revision of the 2004-2025 Colleyville Master Plan. Recommendation Approval City of Colleyvi/le Page 2 Printed on 2/22/2007 Future land Use Plan Surrounding Subject Tract Case Z-06-001 " Future land Use Plan Surrounding Subject Tract Approved Rezoning Cases - October 19-2004 - December 31,2006 Plan Date of Ordinance Type of Zoning Action General Location Consistency Approval Number YoN 11/03/04 0-04-1484 AG & CC1 to PUD-C 6405 Colleyville Boulevard Y 11/16/04 0-04-1488 Amend PUD-R (0-04-1460) 3200 block Glade Road y 11/16/04 0-04-1487 Amend conditions to Tiffany Park 4300 Brown Trail Y 12/21/04 0-04-1494 SUP for 3 car detached garage 411 McDonwell School Rd. E. Y 12/21/04 0-04-1495 AG to CC1 6401 & 6405 Colleyvile Boulevard Y 03/01/05 0-05-1514 SUP for Accessory Building 5512 Valley View Dr. W. y 04/05/05 0-05-1516 SUP for College 5611 Colleyville Blvd, Suite 240 y 04/19/05 0-05-1519 AG to R40 512 & 600 Shelton Dr. y 05/03/05 0-05-1523 AG to R20 & R40 6805 Pleasant Run Road y 05/03/05 0-05-1522 AG to R40 5500 Montclair Dr. y 05/17/05 0-05-1525 R30 to R40 6112 & 6115 Hunter Ln. Y 06/07/05 0-05-1526 ML to CC2 6513 & 6515 Colleyville Blvd. Y 06/21/05 0-05-1530 Amend PUD-R (0-02-1344) 4801 Beldon Hollow y 07/19/05 0-05-1532 Amend PUD rear yard setbacks Ciy of Colleyville y 07/19/05 0-05-1531 SUP for covered carport 1508 Cherry Lane y 08/16/05 0-05-1535 SUP for covered carport 3609 Cliffwood Dr. Y 08/16/05 0-05-1536 AG to R20 & R40 2212 Glade Rd. Y 09/06/05 0-05-1537 SUP for alcohol sales for on-premises 4913 Colleyville Blvd. Y 09/06/05 0-05-1538 Maximum size of movie theater LDC amendment Y 10/18/05 0-05-1550 amend Starbucks ordinance 0-04-1445 swc of church and SH26 y 11/15/05 0-05-1553 SUP for horses 500 Wagonwheel Court y 12/06/05 0-05-1554 AG to R40 200 John McCain Road y 12/13/05 0-05-1555 SUP for contractor office w/outside yard 1803 Industrial Blvd. y 12/13/05 0-05-1556 SUP for horses 2705 Sherwood Lane Y 01/17/06 0-06-1560 Amend Village at Colleyville zoning Village at Colleyville y 03/21/06 0-06-1567 AG & CC1 to PUD-R Heritage Oaks Townhomes N 03/21/06 0-06-1568 AG & R40 to R20 Pool Road Fire Station y 04/04/06 0-06-1569 Oil and Gas Regulations LDC amendment y 04/18/06 0-06-1570 AG to R40 6208 L. D. Lockett Road Y 06/20/06 0-06-1574 AG to R30 1304 Tinker Road Y 06/20/06 0-06-1575 SUP for Accessory Building 5105 Apple Valley Y 06/20/06 0-06-1572 SUP for RV and Boat Storage 6703 Colleyville Boulevard Y 06/20/06 0-06-1576 AG to R20 & R40 209 & 301 Bandit Trail Y 07/18/06 0-06-1580 CN to R30 413 Timberline Drive South y 08/02/06 0-06-1584 AG to PUDR 1600 Block Sanders Lane N 08/15/06 0-06-1585 AG to CN 6208 Colleyville Boulevard Y 09/19/06 0-06-1588 Repeal SUP for Acoholic Beverage Sales 5224 Colleyville Boulevard Y 10/03/06 0-06-1594 AG & R40 to R20 908 L. D. Lockett Road - Lavaca Trails Y 10/17/06 0-06-1595 CN & AG to PUDR Copperglen - 3804 Glade Road Y 1 0/17/06 0-06-1596 R40 to R20 800 L. D. Lockett Road - Covington y 11/07/06 0-06-1597 R40 to R20 805 Lavaca Trail - Preston Oaks y 11/14/06 0-06-1598 AG to R30 1.3 acres at 6405 Pleasant Run Road y 12/05/06 0-06-1599 R40 to R20 5.1 ac. At 1000 block Lavaca Trail y 12/19/06 0-06-1600 SUP for Grazing Animals 17 acres - 712-900 Lavaca Trail y February, 26, 2007 The Honorable David Kelly, Mayor and City Council Citiy of Colleyville 100 Main Street Colleyville, TX 76034 Re: Commission Report on Rezoning Cases from Prior Years Dear Mayor Kelly and City Council members: The purpose of this letter is to provide the City Council with a written report and recommendation regarding the status of the 2004-2025 Colleyville Master Plan. The current Colleyville Master Plan was adopted by the City Council on October 19, 2004. A recommendation of the Master Plan is for the Planning and Zoning Commission and the City Council perform a review of rezoning requests from prior years to determine if the current Master Plan is still a valid document or if it warrants a revision. At the February 26, 2007 meeting, the Planning and Zoning Commission reviewed the forty-four rezoning requests that were approved from October 19" 2004 through the end of 2006 and determined that the two cases found to be inconsistent with the Master Plan is not a sufficient number of inconsistecies to warrant a complete revision to the Master Plan. Very truly yours, Jeff Byerly Chairman, Planning and Zoning Commission City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 02/26/2007 Requester: Community Agenda No.: 8a Final Action: Development Department File Name: Approval of a Zoning Change request from RE-Residential Estate to PUDR-Planned Unit Development Residential on 4.1 acres on Lots 1 and 2, Block 1 of the Wildwood Estates Addition located at 5604 and 5700 Pool Road, Case Z-07-007 Attachments: Zoning and Location Map . Notification List. Statement of Planning Objectives . Development Review Committee Memo. Applicant's Response. Letter in Opposition. Zoning Exhibit . Applicant's Response Dated Feb. 22, 2007. Iron and Masonry Fence Drawing . Proposed Ordinance.pdf History of Legislative File Version: Date: Acting Body: Action Text: 02/26/2007 Planning and Zoning Commission Title Approval of a Zoning Change request from RE-Residential Estate to PUDR-Planned Unit Development Residential on 4.1 acres on Lots 1 and 2, Block 1 of the Wildwood Estates Addition located at 5604 and 5700 Pool Road, Case Z-07-007 Explanation Request. Texas Development Corporation has submitted a request to change the zoning of 4.1 acres, located on the southwest corner of Hall Johnson Road and Pool Road. The applicant is requesting to rezone the property from the RE-Residential Estate zoning district to the PUDR-Planned Unit Development Residential zoning district. The applicant is seeking a zoning change in order to develop the property for 28 residential single-family-attached town homes. Existing Conditions. The property is currently vacant, and is platted. In order to subdivide the property as proposed by the developer, approval of a subdivision replat will be required at a later date, upon approval of the rezoning request. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The 2004-2025 Future Land Use Plan designates the subject property for City of Colleyville Page 1 Printed on 2/23/2007 Agenda Briefing Continued future residential uses. This rezoning request is consistent with the residential land use designation. Residential Density. The CoJ/eyville Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The 1998 and 2004 Colleyville Master Plans both stated that densities higher than 1.8 units per acre would be acceptable in areas deemed consistent with sound land use planning principles, such as a transitional area near major street intersections. The proposed development of 28 residential units on this 4.1 acre property will produce a density of 6.7 dwelling units per acre. The proposed residential density is comparable to other approved town home developments within the city. The Spring Garden development, located at the intersection of Cheek Sparger Road and Jackson Road, contains 45 dwelling units on 6.6 acres for a residential density of 6.7 dwelling units per acre. The Heritage Oaks town home development, which is currently under construction near the intersection of Heritage Avenue and Glade Road, will contain 124 dwelling units on 22.9 acres for a residential density of 5.5 dwelling units per acre. Lot Sizes and Widths. The PUDR regulations require a minimum lot size of 13,000 square feet with a minimum lot depth of 120 feet and a minimum lot width of 100 feet. However, there is a working standard that the minimum lot size and lot width required by the PUDR regulations are intended to apply to subdivisions platted for detached single-family developments. The applicant is proposing a single-family-attached town home development that includes lot dimensions that are not specifically addressed in the PUDR regulations. The developer has provided information regarding lot sizes, lot widths and lot depths, which have been included in the PUDR ordinance as development standards. The proposed minimum lot size is 2,100 square feet with a minimum lot width of 28 feet and minimum lot depth of 75 feet. The following is a comparison of lot dimensions for the proposed and approved town home developments within the City of Colleyville: Proposed Mediterranean Pointe Minimum Lot Size: 2,100 square feet Minimum Lot Width: 28 feet Minimum Lot Depth: 75 feet Heritage Oaks Minimum Lot Size: 2,700 square feet Minimum Lot Width: 30 feet Minimum Lot Depth: 90 feet Spring Gardens Minimum Lot Size: 2,412 square feet Minimum Lot Width: 36 feet Minimum Lot Depth: 70 feet Open Space. The PUDR regulations require a minimum 20% of the development be City of Colleyville Page 2 Printed on 2/23/2007 Agenda Briefing Continued reserved for open space for use by the residents of the development. The proposed development contains 43% open space provided throughout the development. The majority of the open space is centered in one large common area that is located within the interior of the development. The applicant has provided a list of amenities to be included within the open spaces: a fountain, a park bench(s) and a walking path. The applicant has indicated that a gazebo may be constructed in the open space, but requests that it not be a requirement of the ordinance. There are also several open spaces located along the perimeter of property that serve as buffers to the adjacent properties and roadways. The site plan states that 33% of the open space areas will be landscaped. On-Street Parking. The development will include on-street parking areas throughout the development to accommodate residents and visitors. A total of 39 parking stalls are located along the proposed roadway within the development. Fire Protection. The nature of the construction of this development and the size of the various buildings will require that all structures have automatic fire sprinkler systems installed in each of the units. Sidewalks and Trails. There is an existing sidewalk located on this site along Hall Johnson Road. The developer will be responsible for replacing or repairing the sidewalk should damage occur during the construction process. The sidewalk must be repaired or replaced prior to the issuance of a Certificate of Occupancy for new buildings on the site. The Colleyville Pathways Plan requires a ten foot wide trail along the eastern boundary of this property adjacent to Pool Road. The developer will be required to escrow the funds or construct the trail when public improvements are constructed on the property. Surrounding Properties. The surrounding properties are composed of a variety of land uses, including commercial on the east side of Pool Road, religious on the north side of Hall Johnson Road and single family residential to the west and south of the property. Development Trends. The development trends in this area consist of residential uses. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed and accepted by the Colleyville Engineering Department. Construction plans for drainage improvements will be submitted as part of the platting process. Access. The development will have access from both Hall Johnson Road and Pool Road. The applicant has indicated that the development will not be gated. Fencing and Screening. The applicant is proposing to construct a six foot, six inch tall wrought iron perimeter fence with masonry columns parallel to the northern and eastern property lines. The perimeter fence will be offset approximately 15 to 20 feet from the City of Colleyville Page 3 Printed on 2/23/2007 Agenda Briefing Continued property line, which will provide a greenbelt between the perimeter fence and Hall Johnson Road and Pool Road. The applicant is proposing an eight foot cedar wood fence along the southern property line and a ten foot masonry fence along the western property line. Please note, the perimeter fence information stated on the proposed site plan provided by the applicant is incorrect. The perimeter fence information described in the applicant response letter dated February 22 and as shown on the fence exhibit provided by the applicant are correct. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a 28 lot development would add approximately 268 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 16 adjacent property owners regarding this request. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. Staff has received one letter in opposition to the rezoning request. The letter in opposition was not from a property owner located within 200 feet of the subject property. Summary. While the proposed development exceeds the residential density of 1.8 dwelling units per acre, staff feels the location of the development is ideal for this particular type of higher density residential development as the project is located at the major intersection of Hall Johnson Road and Pool Road, which are both considered improved roadways. The recommendation for approval is based upon compliance with The Colleyville Plan, what staff feels is an appropriate land use for the site and the minimum traffic impact on Hall Johnson Road and Pool Road. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 4 Printed on 2/23/2007 Zoning and Location Map D NORTH AG 2509 OWNER_NAME Bedford Christian Church Gray, Travis P Etux Kathleen Przano, Anthony P Etux 0 Dawan Pennington, David F Etux Marie Colleyville, City Of Baca, Richard Jr Etux Patricia Rodriguez, Rodrigo Etux Lorina Pearson, Patrick L & Celestine Lucart, Sean T Etux Linda A Baca, Richard Jr & Patricia J Thompson, Dwight E Etux Beth L Yin, Hai-Kuang Etux Nanyi Sanders, Billie Joyce Henderson, Gary Etux Julie Intfen, Christopher Etux Marga Sanders, Billie Joyce Notification List OWNER_ADDR 2600 Hall Johnson Rd 5801 N Ballantrae Dr 2509 Ballantrae Dr 2516 Hall Johnson Rd 100 Main St 4905 Behrens 2502 Kings Ct 2500 Kings Ct 2504 Kings Ct 4905 Behrens Rd 2503 Kings Ct 2501 Kings Ct 5500 Pool Rd 5605 Winding Trl 5603 Winding Trl 5500 Pool Rd OWNER CITY Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville OWNER STATE TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX OWNER ZIP 76034 76034 76034 76034 76034 76051 76034 76034 76034 76034 76034 76034 76034 76034 76034 76034 SITUS_ADDR 002600 Hall Johnson Rd 005801 N Ballantrae Dr 002509 Ballantrae Dr 002516 Hall Johnson Rd 000000 Pool Rd 005700 Pool Rd 002502 Kings Ct 002500 Kings Ct 002504 Kings Ct 005604 Pool Rd 002503 Kings Ct 002501 Kings Ct 005600 Pool Rd 005605 Winding Tr 005603 Winding Tr 005500 Pool Rd c.... ;&:S--- LilfL.,~~' STATEMENT OF PLANNING OBJECTIVES Mediterranean Pointe, a luxurious townhouse community, is designed to meet the growing desire for low maintenance living with opulence and quality. This 28- unit community will comprise of seven buildings with each building having four units. This community is at the southwest corner of Hall Johnson and Poole Rd and is on the city limit line shared with Grapevine. The development will contain more than twice as much open space as required by current city ordinance. This open space is designed to set our community apart from all others. The seven buildings will surround a landscaped area that will include a functioning water fountain and will provide the homeowners with a park like amenity outside their front door. Additionally, all homeowners will have their own private garden patios that they can decorate as desired. The access road that surrounds the homes is right-of-way, but will be marketed as the rear of the homes. This is a very different and exciting planning style. We hope to encourage community spirit and neighbor involvement as stay-at-home mothers use the landscaped area for a walking track, small children play ball on a grassy area, and neighbors interact with each other while sitting at the fountain benches. This is a new development style that is changing how neighbors interact and allow cities to offer higher density while maintaining a need for park like open space. As developers, we are aware of the low-density life-style the City of Colleyville has come to be known for and works to protect. Texas Development Corporation's desire is to build a luxurious townhouse with an exquisite finish out, position our community close to the DFW Airport and surrounding business centers, but still provide our customers with the enjoyment of a quality of life-style found uniquely at the City of Colleyville. We have picked our site due to the availability of the property, but also because of the location. The project is at the edge of town. This project is on a comer of fairly large collector streets. The current zoning of Estate Lots would be hard to develop due to the high sales price set by the seller. Our site will follow in line with the City's high standard of living with sales prices in the high $300K's. We are across the road from an old Food Lion which is now a radio station, a church is across Hall Johnson to the north, and we back to a neighborhood of high quality homes on our west. We feel this corner could be viewed as a good buffer from the residential zoning on our west to the commercial on our east. RECEIVED JAN 2 6 2007 Per ............. ~ --?-'~ t2.~~~. DEVELOPMENT SCHEDULE February 26th P&Z Meeting March 20th First City Council Meeting April 3rd Second City Council Meeting April 4th Begin Construction Plans June 4th Submittal of Construction Plans August 8th Approval of Construction Plan August 15th Pre-Construction Meeting August 21 5t Excavation September 14th Commence Utilities November 7th Paving November 21s1 Franchise Utilities December 5th Landscaping December 12th City Acceptance RECEIVED JAN 2 6 2007 Per ............0 ~ ii:S--- [i~M'~: ECONOMIC DEVELOPMENT INFORMATION Total SF of Bldg Area 53,560 Estimated Sales Per SF $135.00 Estimated Sales Per Year 12 2006 TAD Tax Rate 2.587877 x $100 Value Estimated Ad Valorum Taxes Per Year $283,683.83 2006 Tax Schedule Per Year School $172,575 City $38,082 County $29,751 County Hospital $25,804 County College $15,279 CountY Water $2,192 RECEIVED JAN 2 6 Z007 Per ............. CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE TO FAX FROM February 5, 2007 Texas Development Corp. (Bryan Blagg) 817.288.0585 Barry LeBaron SUBJECT Z-07-007 Mediterranean Point RE to PUD-R The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit for your rezoning application for a Planned Unit Development - Residential request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Indicate the number of stories of the proposed residential structures. 2. Provide exterior elevation drawings of the proposed dwelling units. The exterior elevations may be included in the agenda material presented to the Planning and Zoning Commission. If exterior elevation drawings are not available, staff may recommend minimum design standards regarding building materials and roof articulation for inclusion in the proposed zoning ordinance. 3. Indicate if this will be a gated -private street development. Chapter 10 of the Colleyville Land Development Code contains the requirements for gated-private street developments, which require specific entrance gate standards, minimum number oflots, and certain HOA provisions regarding the maintenance of common areas, including streets and drainage facilities. The application fee for a gated development subdivision is $750.00, which shall be paid at time of plat submittal. 4. Indicate the minimum and average lots sizes. The PUD-R regulations require a minimum lot size of 13,000 square feet and an average lot size of 16,000 square feet for residential developments. Also, the minimum lot width of a PUD-R development is 100 feet. Modify your zoning exhibit to comply with these requirements or provide a written waiver request in your response to these DRC comments. 5. Provide proposed building setbacks for front, rear and side yards. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z~7 ~07 MEDITERRANEAN POINTE RE TO PUD-R 6. The zoning exhibit shows a 12-foot wide utility easement extending into the middle of the site. What is the future status ofthis easement? Will the easement be abandoned? 7. Indicate proposed refuse collection services. Will the development utilize cart services or dumpster services? If dumpster, where will the garbage revetment be located? 8. Provide the location and construction type of any proposed perimeter fencing. 9. Provide an illustration depicting the proposed perimeter fencing. 10. Upon zoning approval, the property will require approval of a replat by both the Planning and Zoning Commission and the City Council. Allow a minimum of 45 to 60 days to complete the platting process. The replatting process will require a public hearing and notification of adjacent property owners. The replatting regulations are contained in Chapters 8 & 9 of the Land Development Code. 11. Development requirements not specifically cited by the applicant shall be required to meet the PUD-R zoning regulations and development standards as stated within the Land Development Code. Note that unless otherwise proposed by the applicant, all subdivision standards, including any public facility improvements, and zoning regulations stated within the Land Development are applicable to this project. 12. The staff report to the Planning and Zoning Commission and City Council regarding this zoning change will include a proposed ordinance containing suggested conditions applicable to this type of development. 13. The drainage analysis included with your rezoning application has been reviewed by the Engineering Department. Contact Jeremy Hutt, Project Engineer, 817.503.1094, for more information. 14. The buildings will need a NFP A 13 R fire protection system requiring separate permit and plan review. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. 15. The buildings will require a NFPA 72 fire alarm system requiring a separate permit and plan review. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. 16. Additional fire hydrants will be required. The Fire Department Connection for the sprinkler systems must be within 50 feet of a hydrant. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. 17. The Colleyville Pathways Plan requires a ten foot wide trail along the eastern boundary of this property adjacent to Pool Road. A twenty foot wide trail right-of-way or easement is required to accommodate the trail, which a portion of the right-of-way may be coordinated PAGE20F4 DEVELOPMENT REVIEW COMMITTEE Z.fJ7.fJ07 MEDITERRANEAN POINTE RE TO PUD-R with the Pool Road right-of-way, provided sufficient space is available. The zoning exhibit must be modified to show the general location of the trail. The trail will be a developer requirement and be constructed with all other public improvements prior to the issuance of building permits. 18. A five foot wide sidewalk is required adjacent to Hall Johnson Road. The existing walkway will need reconstruction, if the sidewalk does not meet current Land Development Code standards. The following Comments are Informational and Do Not Require a Response: IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. Details are contained in Chapter 13 of the Land Development Code. Please note that a revised impact fee schedule as adopted by City Council. The new rates will go into effect for building permits issued on or after April 1, 2007. ROADWAY $2,187 per dwelling unit for single family residential uses for new lot. $2,491 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $643 for a 314-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER The following impact fee schedule is applicable for building permits issued on or before March 31,2007. SEWER $1,589 per dwelling unit for SINGLE FAMll-Y RESIDENTIAL uses for new lot. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. ROADWAY WATER PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per lot. TREE PRESERVATION. Trees not located within the right-of-way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PAGE 3 OF 4 DEVELOPMENT REVIEW COMMITTEE Z-07 -007 MEDITERRANEAN POINTE RE TO PUD-R TREE SURVEY REQUIREMENT. A detailed tree survey of the property is required after final plat approval, at the time of submittal for a clearing and grading permit. A copy of the approved subdivision lot layout should be overlaid onto the tree survey in order to show the size and type of existing trees within the building setback areas. Trees within with right of way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, February 26,2007,7:00 p.m. Tuesday, March 20,2007 and April 2, 2007, 7:30 p.m. RESUBMITT AL REQUIREMENTS Please submit the following to our offices: · A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived. · Exhibits and documents as requested. The above requested items must be submitted no later than Wednesday, February 21, 2007. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-503-1054 or lebaronb@ci.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMI1TEE PAGE40F4 ~ ~~~ u.~~. Wednesday, February 21, 2007 February 16, 2007 Barry LeBaron City of Colleyville Community Development Department 100 Main Street Colleyville, TX 76034 RE: Z-07 -007 Mediterranean Pointe RE to PUD-R Dear Mr. LeBaron: This letter is in response to the ORC letter dated February 5,2007. Below is a line item response to each comment or question in the above stated letter. 1. Number of stories: 2 2. Elevations: Included as separate document 3. Gated Community: This is not a gated community (noted on revised site plan) 4. Minimum and average lot sizes: Noted on revised site plan 5. Building setbacks: Noted on revised site plan 6. 12 foot utility easement: To be abandoned (noted on revised site plan) 7. Refuse collection: Cart services 8. Screening fence: Noted on revised site plan 9. Illustration of screening fence: Included with this resubmittal 10. Re-plat after successful zoning: Acknowledged RECEIVED FEB 2 1 2007 Per ............. 9112 Camp Bowie West, Suite 427, Fort Worth, Texas 76116 Telephone: 877.688.3929 I~acsimile: 817.288.0585 Web-site Address: TexasDevelopmenlCorp.com ~ I~~ 15...~~. 11. PUD-R ordinance: Residential Lot Size & Set Backs: a. b. c. d. e. f. Open space: Minimum open space 40% 2100 sf 28 feet 75 feet 10 feet o feet o feet 90 Percent Construction of amenity items to include, but not be bound or limited to: a fountain, gazebo, park bench(s), walking path, Detention: Underground pipe system Screening: North and east boundary to be mixture of large masonry columns, brick laid panels and wrought iron fencing. South boundary to be board on board cedar fence not to exceed eight (8) feet. West boundary to be board on board cedar fence not to exceed ten (10) feet. 12. Staff report: Acknowledged 13. Drainage analysis: Engineer has discuss concerns with Mr. Hutt 14. Fire protection system: Our construction of the buildings will utilize a proprietary 2 hour fire wall design. Individually plated lots with a two hour fire wall should eliminate the need for NFPA -13 R fire protection system. 15. Fire alarm system: Note constructing a fire protection system 9112 Camp Bowie West, Suite 427, Fort Worth, Texas 76116 Telephone: 877.688.3929 Facsimile: 817.288.0585 Web-site Addr~ss: TexasDevelopmenLCorp.com ~ --~~ li~~~' 16. Additional fire hydrants: To be addressed with civil engineered construction plans 17. Ten foot Pathway: Included on revised site plan 18. Five foot walk way along Hall Johnson: Acknowledged Developer acknowledges comments about impact fees, park land dedication fees, tree preservation and tree survey. If you have any additional questions or comments please do not hesitate to call. Sincerely, rL~~ B~(Ji~agg Texas Development Corporation 9112 Camp Bowie West, Suite 427, Fort Worth, Texas 76116 Telephone: 877.688.3929 Facsimile: 817.288.0585 \Veb-site Address: TexasDevelopmentCorp.com I ~ H <1106-1'99 (LIB) OHJ3ft Ty _ ~ 9109L X.L 'NO.L~NnHV - :J 3.L1nS - '(L\18 SlIVO N33l1~ 'Jl lILC)I'- ; AtI01JV t!I NV1d ~HJ. . ~ Q ~ ~: i'i ; ~ ~ : ----, I I I I I I I I I ----' 'I" " ~ II ---I I I I I I I I I I ___.J : ----, I I I I I I I I I -' ~ ~ II ----, I I I I I I I I I I I 13t i IIi I I I I I I 131 ! IIi I I I I I I I 131 i IIi I I I I I I ...... 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II' II' i ..S ..S .. ... a I IIIII I ~ ~ I I C I ;i tit'i p i i i i ; . . ~ Maciley Real Estate Trust 2800 Glade Road Colleyville, Texas 76034 RE: ~ezoning request for 5604 & 5700 Pool Road - Case Z-07-007 We would like to advise you that we are strongly against rezoning the above property from RE to PUD-R for the purpose of which the application states. We do not believe that it is in the best interest of our city to develop town homes in a non-transitional area. This area ofthe city is predominantly comprised oflarger single family homes. Doing so will negatively impact the value of our homes, not to mention the image and profile of our grand community. The City of Colleyville needs to endeavor to increase property values in the city by NOT increasing density. This focus on increasing property values, and hence the tax base, is the only way that the City of Colleyville will be able to compete with surrounding municipalities. We respectfully request that your committee deny the applicants request. Thank you in advance for you attention in this matter. MacHey Real Estate Trust Property Owner in the City of Colleyville 2800 Glade Road Colleyville, Texas 76034 817-488-1756 =:== tlJ =;: .... _1........_ ...... .......,.... i1dl II". I.al I I SVX3.I. '3TIIM.3TIOO '<n! 'lOOd aNV NOSNHor-'l'lVH 3MS IHIV1d iURS 1Vn.1d3lONOO S3:WOH~J.:.3.LNm'8 ClIIMV .111l11111XiI ONRIMOZ NWNW'M3.LI03W ,~t~ ~=~ ~ t... ~ \ \ \ ~ ~;I~~~: ~:t~~ I- 0 ~ I I' - ~ 'l: .. I "'l:I"'''i ~ )... ~ I I"~ 0- l!Ij lag 30.; ~ r.:~"'" .... Cl. ....... h. ...... 'I t """t! () I LNi""f}~V3 "'Y.V.J~~< 9~- '!l n::-<l: ~ 9 :'>'Cor. 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'O~. :!-:):!'lIa (Ol-..) ~IlNJOlS3""''''''.J-3l:JH!S" \1 "~~\. flSl3CJllS'Y"ftO :tJNINOZ : ....* ' :'\ , JQt1W "-, sun flHlWJIiID:J I t \:.{~~, aUfJ.s::J' .IOlID )NO I II v-t,;o\ It \i , ,-----"" ___~~____~ L______ I I I I I : I' \ I I I , I I 1 I I ;.~}. _.: I...L ~~-' ~.. From: Robelt Seals Chris Fuller; To: CC: Subject: Date: Attachments: Texas Developement Corp PUD Thursday, February 22, 2007 1 :40:56 PM Iron & Masonry Fence.jpg Dear Mr. Fuller, As a note of clarification, we would like to identify the fencing materials for Mediterranean Pointe. Along the south side we are planning on a cedar fence since the option to purchase the additional two acres is open to us. The boundary lines along Pool and Hall Johnson will be a combination of masonry and iron. An illustration of the building style and materials are attached to this message. Along the western boundary we are currently working with the residents to provide the most astheic and effective screening wall. At this point we are planning on using pre-cast concrete panels high enough to give the residents pnvacy. The interior open space is going to be designed in such a way as to give each homeowner an open view of the green space and fountain. At this time we are not certain that we will be able to use a gazebo in the open space without obstructing the residents view. Walking paths and park benches will definately be used so that residents can full enjoy the amentities. If you have any additional questions please do not hesitate to call or email. Sincerely, Robert Seals Texas Development Corporation 877.688-3927 Office Dimensions of Wrought Iron Fencing and Masonary Wall ~.."'! I I-~ 6' 1 6' 6'6" ORDINANCE 0-07-xxxx AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 4.1 ACRES ON LOTS 1 AND 2, BLOCK 1, WILDWOOD ESTATES ADDITION, FROM THE RE-ESTATE RESIDENTIAL ZONING DISTRICT TO THE PUDR-PLANNED UNIT DEVELOPMENT- RESIDENTIAL DISTRICT; 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. Z-07-007; 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, 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 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 Ordinance 0-07-xxxx Page 2 of 5 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. Sec. 2. Sec. 3. Sec. 4. 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. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 4.1 acres on Lots 1 and 2, Block 1 Wildwood Estates Addition from the RE- Estate Residential zoning district to the PUDR-Planned Unit Development- Residential zoning district, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A". THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for single-family-attached town home residential development, constructed at a maximum density of 6.7 dwelling units per acre. b. A maximum of 28 dwelling units shall be allowed within this PUDR and no more than one dwelling unit shall be allowed per each platted lot. c. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The street layout and arrangement of lots of the subdivision shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. b. The exterior building elevations shall be generally consistent with the Exterior Building Elevation, labeled as Exhibit "C", c. The developer shall submit and receive approval from the City a Residential Replat in accordance with the requirements of the Land Development Code prior to development of this PUDR. Ordinance 0-07-xxxx Page 3 of 5 3. PERMITTED USES a. Single-family-attached town homes with no more than one dwelling unit allowed per each platted lot b. Common open space 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "B", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Maximum Lot Coverage 2,100 square feet 28 feet 75 feet 10 feet none none 90 percent 5. OPEN SPACE a. This development shall provide not less than forty (40) percent common open space, which shall generally be configured as shown on the Conceptual Site Plan, labeled as Exhibit "B". All open space areas and amenities therein shall be landscaped and maintained by the Homeowner's Association. b. The following amenities shall be included within the common open space areas: a fountain, a park bench(s) and a walking path. 6. SCREENING a. A six foot, six inch foot tall wrought iron fence with masonry columns shall extend along the northern boundary line, offset approximately 15 feet from the property line, as shown on Exhibit "B". b. A six foot, six inch foot tall wrought iron fence with masonry columns shall extend along the eastern boundary line, offset approximately 20 feet from the property line, as shown on Exhibit "B". c. An eight (8) foot tall cedar wood fence shall extend along the southern property line, as shown on Exhibit "B". d. A ten (10) foot tall masonry fence shall extend along the western property line, as shown on Exhibit "B". Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Ordinance 0-07 -xxxx Page 4 of 5 7. SIDEWALKS AND PATHWAYS a. The developer shall replace and/or repair the existing five (5) foot sidewalk along Hall Johnson Road should damage occur during the construction process. The sidewalk must be repaired or replaced prior to the issuance of a Certificate of Occupancy for new buildings on the site. b. The developer shall escrow the funds or construct the ten foot wide trail along the eastern boundary of this property adjacent to Pool Road when public improvements are constructed on the property. 8. OTHER a. Each residential unit shall include a NFPA 13 R fire protection system. b. Each residential unit shall include a NFPA 72 fire alarm system. 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. 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. 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. 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. 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 ORDERED. The first reading and public hearing being conducted on the 2007. day of Ordinance 0-07-xxxx Page 5 of 5 The second reading and public hearing being conducted on the day of 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A - Zoning and Location Map D NORTH AG 2609 City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commission Tabled Items Controlling Body: Planning and Zoning Commission Version: Agenda Date: 02/26/2007 Requester: Community Agenda No.: 9a Final Action: Development Department File Name: Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres located in the 1600 block of Sanders Lane, Case P-07 -009 Attachments: Location and Zoning Map. Development Review Committee Memo . Applicant's Response . Plat History of Legislative File Version: Date: Acting Body: Action Text: 02/12/2007 Planning and Zoning Commission 02/26/2007 Planning and Zoning Commission Title Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres located in the 1600 block of Sanders Lane, Case P-07 -009 Explanation Update 2/26/2007 At the February 12, 2007 Planning and Zoning Commission meeting, the Commission tabled the final plat in order for the applicant to submit Homeowner's Association (HOA) documents for review by the City. The applicant has submitted the necessary HOA documents, in accordance with Chapter 10 of the Land Development Code. The City Attorney has reviewed the documents. Silveroak Land Co, LC, is the developer of 19.7 acres, located in the 1600 block of Sanders Lane. The developer has submitted a final plat, which will subdivide the property into 90 lots for the construction of 25 single-family attached townhomes, 49 single family residential detached dwelling units and 16 open space lots. In a townhome development, each dwelling unit is situated on its own platted lot to allow for individual ownership. An individual townhome is a part of a larger building that contains three or more attached town home dwelling units. City Council approved the preliminary plat on October 17, 2006. The following is an analysis of the issues associated with this final plat. City of Colleyville Page 1 Printed on 2/23/2007 Agenda Briefing Continued Zoning. The proposed plat area is zoned PUDR-Planned Unit Development Residential. The PUDR zoning was approved by the City Council on August 2, 2006, with the approval of Ordinance 0-06-1584, which contains several development standards. The final plat has been reviewed for compliance with the regulations of the Land Development Code and the standards contained in the PUDR ordinance for this development. The minimum lot size required in this PUDR is 2,700 square feet. All of the lots satisfy this requirement. The development is required by the PUDR ordinance to provide not less than 22 percent common open space. The proposed site plan for the development shows 22.9 percent of the total development as common open space. In addition to the general common open space areas, the developer has designated a 30-foot buffer as a tree preservation area located along the eastern and southern boundaries of the development and a 20-foot buffer as a tree preservation area located along the northeastern boundary of the development. The tree preservation easements are designated as common open space areas and are included in the overall open space calculation of 22.9 percent. The Homeowners Association (HOA) will be responsible for the maintenance of the open space areas, including the tree preservation buffer areas. Access and Roadway Improvements. Primary access to the development will be from Sanders Lane. The applicant has indicated that the development will be gated. The intersection of Sanders Lane and SH26 will be realigned with Tinker Road on the west side of SH26 when the highway is reconstructed in the near future. At the time of preliminary plat consideration the applicant submitted exhibits illustrating the proposed off-site roadway improvements. The proposed off-site roadway improvements have been reviewed by the Colleyville Engineering Department, however, the final acceptance of the improvements associated with SH26 is contingent upon approval by the Texas Department of Transportation. The developer is proposing a 30-foot emergency access right-of-way on the eastern side of the development, which will contain a 24-foot pavement section and an emergency access gate. The gate will contain Opticom gate opening equipment, as required by the approved zoning ordinance, to allow access to the development in case of an emergency situation when normal access via Sanders Lane may not be possible. Gated/Private Street Development. The development will be a gated/private street subdivision with the primary entrance to the development located on Sanders Lane. The developer has included the requisite gated/private street language on the plat exhibit. The applicant has submitted the necessary Homeowner's Association (HOA) documents for review by the City, in accordance with Chapter 10 of the Land Development Code. The HOA documents indicate that the streets and drainage systems within the development are privately owned and maintained by the HOA, and that the City has no obligation to maintain the private streets and drainage systems. Prior to construction of the perimeter fence and gates, approval of a fence permit will be required. The applicant has indicated that the gated fence entrance will be constructed in accordance with the regulations in the Land Development Code. City of Colleyville Page 2 Printed on 2/23/2007 Agenda Briefing Continued Drainage Improvements. The applicant has submitted a drainage study for the development which has been reviewed and accepted by the Colleyville Engineering Department. The drainage study indicates that the development will utilize on-site detention to accommodate stormwater related to this development. Tree Survey and Replacement Requirements. Aerial photos of the site show considerable tree coverage on this property. The street layout and arrangement of lots on the preliminary plat have been configured purposely to preserve the significant trees on the property. Prior to any site grading, the developer will submit a survey and tree replacement plan. Parkland Dedication Fees. The developer has acknowledged that parkland dedication fees are due at the time of approval of the Final Plat. The fees for non-residential uses are $1,802 per residential lot. The fee must be paid before the plat is recorded with the County Clerk's Office. Application Completeness. The application was considered complete on February 22, 2007. Summary. The developer has addressed all Development Review Committee comments. The proposed development satisfies the platting standards contained in the Land Development Code and the special requirements of PUDR Ordinance 0-06-1584. Recommendation Approval City of Colleyvil/e Page 3 Printed on 2/2312007 R-20 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE January 23, 2007 TO Silveroak Land Co. FAX NO 817.514.9025 FROM Chris Fuller, Development Coordinator SUBJECT P-07-009 Villas at Oak Pointe final plat The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Provide verification of property ownership. A signed letter of consent from the property owner may be required as well. 2. Revise the lot size of Lot 19, Block 2 to state 6,440 square feet as required by Ordinance 0-06-1584. 3. Provide a note on the plat stating that all open spaces and amenities therein will be maintained by the Homeowner's Association. 4. Will the development be gated? The application fee for a gated development subdivision is $750.00. If gated, additional language will need to be added to the plat and HOA documents must be submitted for review. 5. Remove the street name "Sanders Lane" located at the end of the emergency access easement, outside the bOlUldary of this development. 6. Change the street names of Timberview North and Timberview South and Sanders Court. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. In Your Response Letter, Acknowledge the Following Information: 7. Additional hydrants may be needed. Contact Rob McKeown, Fire Marshall, 817-251- 8757, for more information. 8. Town homes require residential sprinklers and alarms. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 100 Main Street I Colleyville I Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-07 -009 VILLAS AT OAK POINTE FINAL PLAT 9. If gated, emergency access gates will need Opticom sensors for both directions with battery backups and Knox key backup. Contact Rob McKeown, Fire Marshall, 817-251- 8757, for more information. 10. Hydrants and streets signs must be installed prior to construction above foundation. Contact Robert McKeown, Fire Marshall, 817.488.6277, for more information. PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat. Perimeter street improvements are required for the newly created lots since Sanders Lane is considered an unimproved street. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact ofthe proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency servIces. PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the plat.. As new vacant lots would be created by the plat, the payment of parkland dedication fees is required for this development. The fee for single-family residential development is $1,802 per new lot. SIDEWALKS. The Land Development Code requires sidewalks on Sanders Lane and interior streets. Sidewalks must be four (4) feet in width and constructed as part of the public improvements to the property. TREE PRESERVATION. Trees not located within the right-of-way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. Please note the revised impact fee schedule as adopted by City Council. The new rates will go into effect for building permits issued on or after April 1 , 2007. ROADWAY WATER SEWER $2,187 per dwelling unit for SINGLE FAI\flLY RFSIDENTIAL uses for new lot. $2,491 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $643 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is PAGE20F3 DEVELOPMENT REVIEW COMMITTEE P-07 -009 VILLAS AT OAK POINTE FINAL PLAT installed. The following impact fee schedule is applicable for building permits issued on or before March 31,2007. SEWER $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses for new lot. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. ROADWAY WATER PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, February 12,2007, 7:00 p.m. Tuesday, March 6,2007, 7:30 p.m. Please submit the following to our offices: · A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; · One copy of the proposed fence illustration; · 20 full size copies of the revised exhibit and one reduced copy (8.5 XII). The above requested items must be submitted no later than noon on Tuesday, February 6, 2006, in order to make the scheduled hearings. Please contact me at fullerc(iV,ci.collevville.tx.us or 817.503.1054 if you have any questions. PAGE 3 OF 3 DREILING REALTY /"' rytrNl,' 71fH!uU J-{;HtleJ SANCTUARY HOMES 2/6/2007 City of Colleyville c/o Development Review Committee Attn: Chris Fuller, Development Coordinator Subject: Villas at Oak Pointe final plat comments Enclosed, please find the information you have requested our response to concerning the Villas at Oak Pointe. Regarding comment number one: Please find the Tarrant Appraisal District records concerning the properties on Sanders Lane. As you can see, all of the land on Sanders Lane that will now be considered the Villas at Oak Pointe have been purchased by us, Silveroak Land Company, with a Deed Recording date of 11/03/2006. Should you need additional documentation supporting this information please contact us. Regarding comment number two: The enclosed revised plat has been changed to reflect 6,440 square feet on Lot 19 of Block 2 as required. Regarding comment number three: The enclosed revised plat states that all open spaces and amenities therein will be maintained by the Homeowner's Association. Regarding comment number four: This community will be gated. However at this time our HOA documents are not finalized. We are working now to complete the HOA documents. It is our goal to have these documents finalized before the next City Council meeting on March 6, 2007. In this light, we request that the Planning and Zoning submit the revised plat to the City Council so that we may proceed and avoid any possible delays. Also, not yet finalized is our fence design. This item has not been completed by our Architect, but will be ready in time for the next City Council Meeting as well. Regarding comment number five: The enclosed revised plat has had "Sanders Lane" removed at the end of the emergency access easement as requested. Regarding comment number six: The enclosed revised plat shows the changes in street names as requested. We have changed Timerview Drive South to Silveroak Drive. We have changed Timberview Drive North to Terrace View Drive. We have changed Sanders Court to Oak Pointe Court. Regarding comment number seven: We have spoken to Rob McKeown, Fire Marshall, regarding possibly needing additional fire hydrants. We will work closely with the Rob 61 Piazza Lane · Colleyville, TX 76034 · 817-514-1505 DREILING REALTY /""' P etjttHt- UHJttl.J HtfIrles J SANCTUARY HOMES McKeown to ensure that the proper" numbers of fire hydrants are installed at the appropriate time of construction. Regarding comment number eight: Having built many town homes in the City of Colleyville, we are aware of the special requirements for residential sprinklers and alarms. We will work closely with Rob McKeown to ensure that the installation of these devices is done correctly and according to city ordinances and codes. Regarding comment number nine: We have spoken with Rob McKeown regarding the required equipment for having a gated community. Should we elect to have a gated community, we will work closely with Rob McKeown to ensure that we use the correct materials to meet all city ordinances and codes. Regarding comment number ten: We understand that all street signs and hydrants must be installed prior to construction above foundation. We will work with Rob McKeown to ensure that we are meeting the requirements of all city ordinances and codes. This letter is to also serve as confirmation that we have read and agree to the details concerning all other items such as Perimeter Street Improvements, Parkland Dedication Fees, Sidewalks, Tree Preservation, and Impact Fees. Along with our comments, this submittal contains the following as you have requested; . Twenty full size copies of the revised plat with one reduced copy (8.5" x 11") Should you have any questions, comments, concerns, or otherwise please contact our office. Sincerely, elly Dykes Silveroak Land , dba Peyton Thomas Homes RECEIVED FEB 0 6 2007 Per ................. 61 Piazza Lane · Colleyville, TX 76034 · 817-514-1505 DREILING REALTY /'""' l)'tfU- 71tHJuls f{;;11lA?J SANCTUARY HOMES 2/6/2007 City of Colleyville c/o Community Development Department ColIeyvilIe, Texas 76034 Re: Property Ownership This letter is to serve as a document stating that Silveroak Land Company, LP dba Peyton Thomas Homes hereby is the rightful owner of the land located at Sanders Lane, which will now be known as the Villas at Oak Pointe. Should you have any questions, comments, concerns, or otherwise please contact me at (817)690-8527. Sincerely, ~ --;-:~~ 2 ..:.:.:.~.........--_.. James T. Dreiling Silveroak Land Company, LP dba Peyton Thomas Homes RECEIVED FEB 0 6 2007 Per ............. 61 Piazza Lane. Collevville, TX 76034 · 817-514-7505 !. l"- . ~!d.i I" e . c::> . ~ ~ w c::> . ...... . . ... !iii~ . ~I,II!:I" -r mJll c--.J . W > . lo: . I a ~ . .. ~ ,! I · I I z+m I' . w . 0 . I () . . i .'11 I W ro ... ~ W CD IrYATT DRln I ~;r.e 0:: 1..1.. a.. ~I p. " ! .....-.&. :.; . ,,~ ---, , ~ ill' ~ -~ I , , II I f 'l , , :l I -."=~ I I I ......, I I I h IIi IIi I: I ..~.;i II ..... I. ---, I I. II . I I -I I I ~I~ I~ !f . ~ 8 I- 1'1 ! ~- I. b I" !I' 1\ . 'i - i I f1~ ~; ~ .' d~1 oIl.. M,~ I~ I 1(:'S.~';' City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commission Tabled Items Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 02/26/2007 Requester: Community Agenda No.: 9b Final Action: Development Department File Name: Approval for a Special Use Permit for alcohol sales Lot AR of the E.M. Thompson Addition located at 5224 Colleyville Boulevard, Case Z-07-003 Attachments: Location and Zoning Map . Notification List. Statement of Planning Objectives . Information Received from Applicant. Memo from Police Department. First Development Review Committee Memo . Second Development Review Committee Memo . Additional Information Provided by Applicant. Letters in Opposition . Applicant Response Dated Feb. 22 2007 . Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 02/12/2007 Planning and Zoning Commission 1 02/26/2007 Planning and Zoning Commission Title Approval for a Special Use Permit for alcohol sales Lot AR of the E.M. Thompson Addition located at 5224 Colleyville Boulevard, Case Z-07 -003 Explanation Update 2/26/2007 Based upon additional information submitted by the applicant and information discussed at the February 12, 2007 Planning and Zoning Commission meeting, staff has revised the agenda briefing in its entirety. Request. Mr. Don Noblit, agent representing the property owner of this commercial building on Colleyville Boulevard, has applied for a Special Use Permit (SUP) for the on-premises sales of alcoholic beverages. The applicant has indicated in the attached copy of the Statement of Planning Objectives of the intent to reopen the facility as a family sports dining establishment. The proposed business name is Papa G'S and the prospective tenant operates a similar facility in Bedford. The Land Development Code requires approval of a SUP for the sales of alcoholic beverages. City of Colleyville ~age 1 Printed on 2/23/2007 Agenda Briefing Continued This property was previously approved for a SUP for alcoholic beverage sales on September 11, 2001, which was subsequently repealed by the City Council on September 19, 2006, after the previous tenant vacated the premises. The building has remained vacant since the middle of summer, 2006. The City Council's repealing of the SUP supported the City's current redevelopment efforts along SH26 in securing high quality business tenants along the Colleyville Boulevard corridor. The following are the primary issues associated with this request: Alcohol License Requirements. The Texas Alcoholic Beverage Code (TABC) requires a state license for an establishment selling alcoholic beverages. T ABC requires the City certify that the location of the business where alcoholic beverages will be sold is in compliance with local zoning regulations. In Colleyville, each location where alcoholic beverages are sold requires the approval of a Special Use Permit by the City Council. Once an establishment obtains a state license, a City of Colleyville alcohol beverage license may be issued. The City of Colleyville requires a new business selling alcoholic beverages to submit quarterly sales reports to verify compliance with the 60/40 non-alcohol to alcohol sales ratio. Upon successful completion of the reporting process after the first year, a new business is only required to report alcohol sales ratios thereafter on an annual basis. Existing Property Conditions. An existing vacant structure, outdoor seating area and parking lot are located on the property. Fire Protection. The City Local Amendments to the International Fire Code (IFC) states restaurants that serve alcohol and exceed 5,000 square feet of total floor area must install a fire sprinkler system and alarm. The calculation of the floor area includes any buildings or structures connected to or located within 20 feet of the establishment serving alcohol. The IFC specifically states that a fire wall does not waive the requirement of a fire sprinkler system. At the February 12 Planning and Zoning Commission meeting, the Commission questioned why a fire sprinkler system was not installed in 2001 with the approval of the preceding SUP for on-premise alcohol sales at this location. Staff has determined that the 1991 Uniform Fire Code, which was the fire code utilized in 1999, required restaurants that served alcohol and exceeded 5,000 square feet of total floor area to install fire sprinkler systems. An apparent oversight by staff resulted in the absence of the fire sprinkler system. In response to discussion of this issue at the Commission meeting, the applicant has provided a letter to staff stating that the property owner has agreed to install a fire sprinkler system. Staff has included installation of the fire sprinkler system as a condition within the proposed ordinance. Smoking On-Site. At the February 12 Commission meeting, the Commission requested that staff determine if the City of Colleyville has adopted an ordinance regarding smoking within restaurants. The following information is a summary of the existing City of ColleyvilJe smoking ordinance. The proprietor of a restaurant that has a seating capacity of more than 25 persons shall designate a smoking area proportionate in size to the number of City of Colleyvilte ~age 2 Printed on 2/23/2007 Agenda Briefing Continued customers normally requesting a smoking area. This does not prohibit the proprietor from designating a restaurant in its entirety as a nonsmoking area. However, the proprietor is not required to make structural or physical modifications to accommodate the smoking area, but existing physical barriers and ventilation systems shall be used to minimize the effect of smoke in adjacent nonsmoking areas. At the February 12 Commission meeting, the potential tenant of the property, Mr. Haddad, indicated that exhaust systems would be installed to ventilate the smoking section of the establishment. In response to the discussion at the Commission meeting, the applicant has provided a letter to staff that states the potential owner intends to permit smoking and will control the smoke with similar methods utilized at an existing establishment located in another city. Based on the discussion at the Commission meeting, it is presumed that the methods being referenced will be similar to the exhaust systems discussed at the Commission meeting. Staff recommends that the Commission clarify the proposed system with the applicant at the public hearing. SUP Termination Date. At the February 12 Commission meeting, a member of the Commission stated that a potential condition of approval may be a termination date of the SUP that would occur approximately one year after the date of approval. In order to continue selling alcoholic beverages, the applicant would be required to reapply for a SUP for the on-premises sales of alcoholic beverages. The ability to sell of food at the restaurant would not be affected by the termination of the alcohol SUP. At the February 12 Commission meeting, the potential tenant, Mr. Haddad, stated that he would support a condition within the approved ordinance that resulted in the termination of the SUP. A letter submitted by the applicant states that Mr. Haddad no longer agrees to a SUP termination date as a condition of the ordinance. Exterior Elevations. At the February 12 Commission meeting, the Commission requested the applicant provide illustrations of the proposed exterior elevations. A letter submitted by the applicant states that no exterior illustrations are available as no structural changes are proposed for the exterior. The applicant does intend to paint the exterior in a color scheme similar to that of The Village development. The letter also states that a color scheme and photographs will be available at the upcoming Commission meeting. Staff has not reviewed the proposed color scheme or photographs. Police Reports. The Colleyville Police Department provided a memo that was included in the February 12 Commission agenda briefing. The memo described incidents involving police intervention at the existing Bedford and Keller locations. At the February 12 Commission meeting, the applicant indicated that the proposed tenant, Mr. Haddad, no longer owns the Keller establishment. In addition, Mr. Haddad clarified that the group of motorcycle enthusiasts referenced in the Colleyville Police memo were patrons of the establishment that preceded his business in Bedford. In response to this information the Colleyville Police Department has conducted further research and determined that the frequency and nature of police calls to the Bedford location were comparable to similar businesses of this type. 60/40 Food to Alcohol Sales Compliance. The City of Colleyville requires establishments that sale alcoholic beverages to comply with the 60/40 non-alcohol to alcohol sales ratio. City of Colleyville Page 3 Printed on 2/23/2007 Agenda Briefing Continued Staff requested the existing non-alcohol to alcohol sales reports for the Bedford location. The applicant provided reports for the five month period of August 2006 through December 2006. Staff calculated the alcohol to food sales ratios for the five month period and determined that alcoholic beverage sales represented 80% percent of these two sales items, resulting in a 20/80 non-alcohol to alcohol ratio. Hours of Alcohol Sales. At the February 12 Commission meeting, the Commission asked the proposed tenant, Mr. Haddad, why a business marketed as a family establishment would remain open until 2 a.m. Mr. Haddad responded that most families leave the establishment at 10 p.m. The majority of establishments within the City of Colleyville that currently have alcohol beverage permits discontinue the sale of alcohol at 10 p.m., Sunday through Thursday and at midnight on Friday and Saturday. Distance Requirements from Churches and Public Hospitals. The Colleyville City Code requires that places serving alcoholic beverages be located at least 300 feet away from a church, or public hospital. The distance is measured from front door to front door, along the street front property lines for churches and public hospitals. The property satisfies this req u i rement. Distance Requirements from Schools. The Colleyville City Code and State alcohol laws require a 300-foot distance separation between school property and property where alcoholic beverages are sold. The distance is measured from property line to property line. The property in question satisfies this requirement. Master Plan. The Colleyville Master Plan designates the future use of this area for retaillcommercialland uses. Public Notification. Staff mailed notices to 25 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received two letters in opposition to this request. Recommendation Approval with the following conditions: 1. A termination date of the Special Use Permit (SUP) for the on-premises sales of alcoholic beverages one year from the date of approval; 2. Alcohol may be served from 11 a.m. to 10 p.m., Sunday through Thursday; 3. Alcohol may be served from 11 a.m. to midnight, Friday and Saturday; 4. A fire sprinkler system and alarm will be installed in accordance with the City Local Amendments to the International Fire Code prior to the issuance of a Certificate of Occupancy. City of Colleyville Page 4 Printed on 2/23/2007 ~G 5301 AG OWNER_NAME 5224 Colleyville Ltd Adams, Anne Marie Allgood, Paul Richard Applebee's OfTexas Inc Barnard Partners Xii Ltd Bojku, Afrim & Hajri Bojku Brothers, Lloyd Colleyville Land Investors #1 o & V Walker Family Lp #2 Etal Davidson, Charles Davis, Bobby Joe Ethridge, Edgar First Baptist Ch Colleyville Gibson, Norman C Etux Doris A Hart, Kay Lynn Foster Hudson, Keith Carroll Isbell, Steve E Etux Kristi Looney, Karla E Miller, Louis C Etux Elizabeth Mitcham, CarlO & Brian C Nit Investors No 2 Ltd Taylor, Betty Joan Est Venable, Ruth M Village Management Ltd Village Monticello prtns Ltd OWNER_ADDR 640 S Ayrshire St PO Box 337 3815 Rufe Snow Dr 4551 W 107Th St Ste 100 PO Box 37206 5309 Colleyville Blvd PO Box 45 99 Main St Ste 200 5501 Normandy Dr 22 Rhapsody Bend Dr 8304 Old Springfield Pike 3324 Dustin Trl 5300 Colleyville Blvd 113 Timberline St S 5301 Pleasant Run Rd PO Box 1227 5112 Oak Timbers Ct 5109 Oak Timbers Ct 7802 Tillman Hill Ct Unit B PO Box 983 99 Main St Ste 200 2814 Newcastle Dr PO Box 362 99 Main St Ste 200 99 Main St Ste 200 Notification List OWNER CITY Crosbyton Colleyville Fort Worth Shawnee Mission Fort Worth Colleyville Colleyville Colleyville Colleyville The Woodlands Goodlettsville Hurst Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Grapevine Colleyville Colleyville Colleyville OWNER STATE TX TX TX KS TX TX TX TX TX TX TN TX TX TX TX TX TX TX TX TX TX TX TX TX TX OWNER ZIP SITUS_ADDR 79322 005224 Colleyville Blvd 76034 000000 Colleyville Blvd 76180 005307 Colleyville Blvd 66207 005150 Colleyville Blvd 76117 001105 Professional Ct 76034 005309 Colleyville Blvd 76034 005310 Pleasant Run Rd 76034 005217 Pleasant Run Rd 76034 005226 Pleasant Run Rd 77382 005200 Colleyville Blvd 37072 005313 Pleasant Run Rd 76054 005309 Pleasant Run Rd 76034 005312 Colleyville Blvd 76034 005117 Colleyville Blvd 76034 005301 Pleasant Run Rd 76034 000000 Colleyville Blvd 76034 005112 Oak Timbers Ct 76034 005109 Oak Timbers Ct 76034 005303 Colleyville Blvd 76034 005121 Thompson Terr 76034 005204 Colleyville Blvd 76051 005108 Oak Timbers Ct 76034 005300 Pleasant Run Rd 76034 000032 Veranda Ln # 210 76034 000013 Main St STATEMENT OF PLANNING OBJECTIVES The facility at 5224 Colleyville Boulevard has, for the last few years, been operated as a restaurant and sports bar. As such, the facility is configured with a full kitchen and bar. Any departure from this type of operation would involve a large expenditure on either the owner's or the tenant's part, which would make the renting of this property extremely difficult. In light of the recent history of the facility, which resulted in the withdrawal of the liquor permit, every effort has been extended to upgrade the quality of the tenant. At this time a prospective tenant has proposed to reopen the facility as a family sports dining establishment. The prospective tenant is George Haddad, who has a similar type of family sports dining establishment in Bedford, Texas and recently one in Keller, Texas known as Papa G's. These locations are very successful and reputable backed by Mr. Haddad's forty years of experience. Mr. Haddad is in the process of developing his plans for this facility and will apply to the City of Colleyville for the necessary permits and licenses. Mr. Haddad is willing to discuss his plans for the facility and would be more than willing to conduct a tour of his current facility in Bedford. The purpose of this Special Use Permit application by the owner of the property is to reestablish the liquor permit for this facility in order that Mr. Haddad can proceed with his plans to develop the facility as a family sports dining establishment. RECEIVED Per ............. Don Noblit Associates, Inc. Registered Investment Advisor NBuilding Block for the Future" BAND DELIVERED January 31, 2007 Chris Fuller Development Coordinator City of Colleyville 100 Main Street Colleyville, Texas 76034 RE: 2-07-003 SUP for Alcohol Sales 5224 Colleyville Boulevard Dear Mr. Fuller: In response to your FAX of January 24, 2007, attached are the answers to the questions posed by the "Development Review Committee." The answers were prepared by Mr. George Haddad, who is the prospective tenant for the location. Please be advised that we are more than willing to answer any additional questions or provide any clarifications necessary as is Mr. Haddad. Sincerely 9 7 ~ -Jr'A~, :'i ~bl t President :ee 8717 Terrell Drive Fort Worth, TX 16180 Metro (817) 498-1122 RECEIVED JAN 3 1 2007 p.o. Box 820895 Fort Worth, TX 76182 FAX (817) 498-5522 Fer ............. Offering general securities through SWS Financial Services, Inc. Member N.A.S.DJS.I.P.C., (214) 859-1800 12.01 Elm Street. Suite 3500 · Dallas, Texas 75270 PAPA G's SPORTS BAR 1& GRILL TO:Development Review CommiUlle SUbjeet;R..po.... to to committee questio... 1 . The ext&rior of the building wiD be totally reens with repairs to certain are.. that are In need .Our Intention Ie to paint the exterior wl1h the ..me colors .. the vlllag_ of Colleyvllle and the CoIleyville town center,8o that it c....tH an appeanng blend that co--ordinatas with the background ( Vlllag.. Of CoIl.pUle). . The parking lot will be cleaned and power _.had,then ...-striped .A stained wooden fence will be installed to block 1f1e creek......PaI trees and banana trees will be plantecllnfront of the "'nce to create a troplc:allook . (S.. attached exhibit) 2 . No expantlon to the bulldlna will lake place. 3 - Yes the exletlng outside eating aNa will be utilized and vastly Improved with the (n8tallatlon of. wooden deck .nd Iron fence .Iong with landscaping which Inclu" potlBd treee. and the front of the patio will be landscaped. 4 . No the outdoor area will not be screened but we will have umbrellas to block the aun. Watar mi.... will be ....IIed.Outdoor propane h...... will be placed.The iron fence Ie ... in height and it will have prot8ctive screen around it .th.t will block any wind .nd dU*t. 5 - Yes alCoholic beverag.. will be sold and consumed outside in compliance with TABC ru'" and ntgulatlona. 6 - Hours of operation .... from 11 am tI,. 2 am aeven days a week. 7 - Hou1'8 of alcoholic HrvIce .... the ...... _ the operating hours. 8 . W. will have no pool tables since we are a family orient8d spo.... dining facility. However we shall have on prem.. some electronic video (11m.. *Uch as Golden Tee 2007 and a couple of video gamea for the chllclren~ We do not antlclpa. havin live banda .but W8 will have. live disc jQqktY em ThuNday~tlfiya sabirday n.fi.... 9 - The iota. equ....taotag. ia .,800 $qua.. feet. i0-The entire building wiD b8 uaed. 11- The landscaping along CoIIeyvIU. Blvd.wIIl co~ist of palm trees - shrubbery along the perlmet8r of the patio.Seasonal c01orfui plants will be planted in Orde~ to add an appealing look for the drive by trafftc and po18ntial gueats to our ....bllehrMnt 12-No pMldng lot will not be acl"Ml18d from CoI"yvllle Blvd. 13-1be adjacent vacant lot will not be UMd.Howeve, if it is deemed . . neeee..ry to .... the parklnglot,"',n we ahall meet with the property OWMl' and d..c.... pennit arrangements and obtain a pennillleanwhile we .hall not be held ....pon.ible if some patron deci... to park on the vaGant lot. 14 a. I'MnU ie Included. b. The enterior will be paine.d with neutral colofa. all walls will haye a brick 1001<.811 counter tops wll be laminated and reaurfaced. TIMt floors will be carpated.BooIhs will be installed along the back wall and the window aide. c..Walkin cooler and freez8r- ventahood ventilation aya.m-heat lamps.. reach In coo..... and fnIue.......inl.......; prep tabl......ndwlch prep ..rvlce unlt40da fountain d..pensor......d slnks- waltrestl station prep araa-commerclal dlah~ slnk- d- food to "COholrdo in Bedford Ie in compliance ....ffing will average four kitchen .tafI..two barIBnd......o.. barRck- one bu...r- 6..rve... - a nightly door pereonlbouncer to check 1.0$ and ahift .u.-Maor. ,..tamnglevells Identical to the staffing level ct.cribed ib section "e"l above. 9-No polic. incidents other than once when a alnk has fallen off the wall and we thought a patron wu Involved,ao we summoned the poI"lC8 J...t to protect ou....lvee Just in c... " was . patron. h-a TABC pennit with Ia.. hours will be poatBd In this location. 15.. The estimated ..... tax to be paid annual, baMd on the square footage should be approximabtly $100.000.00plua , for the duration of the ...... I?;Pfi / (;..5 ~E5~q~~,A./ r /??A'KIN6 ~41 'j' .5/ oN' >0 '\ {~/t'~y~!///~ P.B7/0 l.""IVP.SC;1J~ Ck~$'$ -'?A'''-'; .$1DE~I?'K. C'ttJL~6VV/LL6 BLvd "'- ....._..._11111111_11-11 .'. 2..0 Ht.....y I ~ I ""ford. ...... ".~48 ..'.15........ F........ .I'dersa .17.'5....... --------------------- --------------------- APP.t:izers kef ACId... ...........___.._..-...__.._._...-......-.........!IlS Gl8IU I\oIa"UlI':II8 stlltfed...1tI ctIe_ aM &lleciellY ~ec1 bee! Or ~ SeMd-..llll sou. D'eam eno AlA. ........ ..... ..... Ir, .t....,. w................................_...........,d ....,......~_._.............., ..5 Spmaell .. .roe~OM lWIatO. lOW' D'Ultl. and e.ulll ~ swrled III lliallt I\Od( tMtlh aliI! sllN<<l with I side dulse. V'*-lt.n ............. "H..'.' .11.. .lllll........4................"..................................................... 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BI~ ~lCICen tr..st. ~ wl\I1 wild ~.~ ~b1e medley, and "- \l)I,c. ....... ..fir... __, , ..Hl.....r........__....._.........H........,...U .l.........'lllTT'.............. SMaoned ClIlicleft .... Ifwedo sauce. teNed an a bed of1llttJlcir1lllOOClM and D1r1lc c:tI_llftIad. ~.. ..,.... ......IlI.!S...... BII................... II' J 1.11.1...........&.81' .'.TfU................-.......... S4" Pepoom Shrinp with elhclo aauce..teMd CII a Iled d fet1uel.'Il ~ood15.nd Dr$c 1tI_ bread. I. J lit I r _ _ _ _ .. ......................1.. .1.111, II ..........................11. .,. ,.,.......& ..... II tIIi:ken lirIalit IllllliMIBd i1lemon 1M!I*I'..1Ii: 81Ul:8. billed Ind Mned Mitt wild rir:e.lIIIutl!ed ~ tIl~ey and pille cheeH bread. . ..,.lIlt R...... ............__...............1............................11. 1.1. lIt............................ SeallllllM IIlAlbaUs In IOUl' cream "WI. MNad 011 a IIIld at fBttudnll10Cllleli wl1n alllae of gallic lOlI'lt --------------------- ) . --.-----..----------- Dessera it 1 11......,'...'.'11.111....',1..'.......".",'1' V- ."11"11 _..'.r.,'.'''I''..'..............................~ Ice aruI1Il11d lwnIina pie an 1..h8m llIlICIIIr a\Ift, ........ __11 11 nlll1l 11"""111""" ","1 MalStdllrkcllQCOlata mOl!elS ~ In ,.tCII1U.f~~ ...:..-~ .......... . r ,....... "In ,~.......,..q ITl ITI ........rI1111.."'..,..'.....~.......H..5 RiaIa. GIN"" ......... ftlIrlN wDI ntNsI\IIla IIIlaWtlIInll' 1llII.... tlNlr. ....... ..._-......... ...i1... .., . ,....,. t J flY T ,nl1l1"II" 111111 IT Pu/Iut 8u1IW oClI cniIlI CCMn!d WIllI cIlmlc& rI. pnnulllUtlll!r IJlll ~. .1' ... y tllIJllunH.n r ........5 I t 1 ..,......5 Junior Leque ...nu For lh_12 _ und$' ,.. IMlfVlId 011 . co~mllltel)''''' lilac *"" . twftUln drink. S5..S Chicken Tender.l & Fries · Corn DoC & Fries · Hot DoC & Fries Chill Dog &. Fries · Gr1l1ed ateese '" FrIes · MI\,l PlZ2a .."....... ~ ..............................-' ..1m.... ,,,....L.........,..---..................... 111 f.... .. ,.... .................tIl1.............. eoca-cola . Diet Cake . Dr. Pepper · SprlUl . Root Beer . Ot'IInle SOda ...... .......".....,..,......llu. It... 1111I ....,flLl..u.....,..........I1.....II....1 If lllllt..IIIIlIIfIIlIl.....I"...~ Orange . Pin8llpple · G..pefn,Jit · Cranberry · Tomato c..... ................. ~Ha~u tIlIU...........r , fl 1 (1................1111......""'''..11' ,...s. ..... a.I.lLl "1. ............................n-..................u. nf IT T1 11..........11. II II ...."nun, 11111""'1.75 ....H...........au.....n'U.IIII..Il.I1U.....U..II...JlIlIU......... ! 1111'"111 Jill JJ HI1""'-H .nf.M,l~. ..S,... DnH Beer Miler Lite . Miller. HI&h Ute . GulrleGG . Bass . Dos Equla · Shiner Bock · Coors LIgt1t Blue Moan · Bud LJ&ht · BUdweiser · MlCheloP Ultra · Fat TIre · Stella Artois BoUie ..e. Helnel<8n · Helneken ucnt . CXJ(ona . Corona Ligtlt · Dos EquiS · BudWeiser · Bud Ught Miller . MGD · Miller Ute . MGD . Mlcnelob · Miellelob ll&bt · Coors · Coors Ught Fostet', . Sam Adams · Am_Light, Nep Modelo Bucket of 5 Domestic Beers $13.00 Wjne ...._ ... (~ ...............,., 'n...........l.......tP'1'.............lnTJf...I...1U.II.....*......uu.............&.....5.1"5 Chardonnay, Mertot, White Z1nf8ndel. Cabernet SauvigrIon .... __ ~ _ .....>.................................. ..A...... ",llfl.till'.lfJ .1. .........-1.......11.........."'.. .....~ (IIIr.........) .... nT......rTTTf 111 II 11 Jl. lnHlIlllIllJ~~.UUtlllll1l1lUIlU&.!I..5 Plnot Griglo, a.lrdOnnay, Medot, c.bemet SauvlngOn House W~n. ............................_.., "'dl1 IIJJ U ..11,.1...............11 L III 1111 tll VI'r'..111.III.II1 ........ ""1 lit........ S5 Q'lflrdon~ White Zinfandd Ch8mpa8ne ....... 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CI1III at SOuo. t/lRlen or CclOHrHl84- --------------------- . ., To: Amy Shelley From: Rodney Cunningham Date: 16 January 2007 Subject: Comments on Zoning District Change application by Papa G'S At the request of Chief Ingram I checked on the two other locations where Papa G'S does business, one in Keller and one in Bedford with regard to activities requiring "Police Action", The Keller Police Department advised that when the Papa G'S opened in their city for a time there was a spike in Driving While Intoxicated arrest in the area of the business, Their PO met with the owners and managers of the business and reached an agreement that resulted in the business hiring off duty officers to provide security during times of expected high traffic like weekends and holidays In addition the staff of the business were trained and instructed by management to better monitor their costumers and cut off the sales of intoxicating beverages to anyone that appeared to be reaching an intoxicated state. This is reported to have reduced the number of calls in general to the business by the police and the number of OWl arrest in the area. The Keller PO now has no more trouble related to this business than other similar businesses in their city. The Bedford Police Department advised that the Papa G'S in their city does not generate any more calls for police service than other business of the same type in their city. The representative of the Bedford PO I spoke to stated that for a time a motorcycle group that was described as not a "gang" just a "group" frequented the business and generated some problems, however this group no longer frequenting the business. The business on occasion sponsor a car show in the parking lot that draws a large number of persons but no real problems result from this either. I made a visit to the Bedford location and observed the following. The business is in a strip center, has dark windows with a number of large signs painted on them preventing anyone from looking in form the outside. At noon on the weekday when I visited the business there were only a small number of cars in the parking lot, not the number one would expect to see at a restaurant or a business catering to the eating public during a traditionally heavy meal time. CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE January 24, 2007 TO Don Noblit FAX 817.498.5522 FROM Chris Fuller, Development Coordinator SUBJECT Z-07 -003 SUP for alcohol sales The Colleyville Development Review Committee (DRC) has reviewed your Special Use Permit request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Describe, in detail, the extent of proposed exterior renovations to the building. Provide exterior elevation drawings, if possible. 2. Will the existing area that is proposed for occupancy be physically expanded? 3. Will the existing outdoor dining area be utilized? If so, describe, in detail, the extent of outdoor improvements and facilities. 4. Will the outdoor dining area be screened from Colleyville Boulevard? If so, describe the type and height of screening materials to be utilized. 5. Will alcoholic beverages be served and/or consumed outdoors? 6. What are the proposed hours of operation? 7. What are the proposed hours of alcoholic beverage service? 8. What types of secondary or ancillary activities will be provided in the establishment? (pool tables, darts, dancing, live bands) 9. What is the total square footage of the lease area? An establishment that sells alcohol and is located within a structure exceeding 5,000 square feet must be equipped with a fire sprinkler system, ftre alarm and Knox box. This may be applicable due to the adjoining office buildings. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z.(J7.(J03 SUP FOR AlCOHOL SAlES 10. How much of the existing building is proposed for use (calculated in square footage)? 11. Provide a description of landscaping to be provided along Colleyville Boulevard. 12. Will the parking area be screened from Colleyville Boulevard? If so, describe the type and location oflandscaping to be planted. 13. Will the adjacent vacant lot be utilized for parking? If so, consent from the adjoining property owner will be required. Parking improvements constructed in accordance with the Land Development Code will be required. 14. Provide the following information not currently included within the Statement of Planning objectives: a. Provide a copy of the proposed menu in order to ensure compliance with the 60/40 food to alcohol sales ratio; b. Describe the type and scope of interior renovations to the lease space. Future alterations to the interior may require approval by City Council; c. Describe the type of kitchen facilities to be provided (including, but not limited to hoods and grease trap descriptions); d. Provide a description of the food to alcohol ratio sales at the Bedford and Keller locations for the past two (2) years; e. Provide a description of the staffing levels at the Bedford and Keller locations; f. Provide a description of the staffing level at this proposed location; g. Provide a description of the types of incidents, ifany, requiring police intervention at the Bedford and Keller locations; and h. What classification ofTABC license is proposed for this location? 15. Provide the following economic development information: a. The estimated amount of sales tax to be generated by the establishment for the duration of the lease. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, February 12,2007,7:00 p.m. Tuesday, March 6 and March 20, 2007,7:30 p.m. RESUBMITT AL REQUIREMENTS . Submit the response letter by Wednesday, January 31, 2007, in order to remain on the aforementioned public hearing schedule. Please contact me at 817-503-1054 or fullerc@ci.collevville.tx.us if you have any questions. PAGE20F2 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE February 5, 2007 TO Don Noblit FAX 817.498.5522 FROM Chris Fuller, Development Coordinator SUBJECT Z-07 -003 SUP for alcohol sales - 2nd letter The Colleyville Development Review Committee (DRC) has reviewed your responses regarding the Special Use Permit request submitted to this office. The following comments are intended to provide clarification. The Following Comments Require a Response from the Applicant: 1. Regarding the proposed exterior renovations to the building, the response letter stated that the, "exterior of the building will be totally re-done with repairs to certain areas that are in need." Provide a more detailed description ofthe type ofthe repairs and changes to the exterior. 2. Will the existing outdoor dining area be expanded or will the patio be constructed within the same amount of existing area? 3. Staff may recommend a minimum height and types of permanent landscaping to be located between the proposed outdoor dining area and Colleyville Boulevard. 4. Staff may recommend that no bar, beverage or food preparation facilities be located outdoors. 5. Staff may recommend that outdoor facilities be limited to tables, chairs, benches, umbrellas and similar related dining accessories. 6. Staff may recommend that staging for music be located indoors. 7. Staff will recommend that fire sprinklers, alanns and a Knox Box be required for this development. 8. Provide the methodology for determining the estimated sales tax. 100 Main Street-Colleyville, Texas 76034-817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z..(J7..(J03 SUP FOR ALCOHOL SALES 9. Provide the following information: a. Provide a verification of the food to alcohol ratio sales at the Bedford and Keller locations for the past two (2) years; b. What classification ofTABC license is proposed for this location? TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, February 12,2007,7:00 p.m. Tuesday, March 6 and March 20, 2007, 7:30 p.m. RESUBMITT AL REQUIREMENTS . Submit the response letter by Thursday, February 8, 2007, in order to remain on the aforementioned public hearing schedule. Please contact me at 817-503-1054 or fullerc@ci.collevville.tx.us if you have any questions. PAGE 2 OF 2 MBuilding Block for the Future'" Don Noblit Associates, Inc. Registered Investment Advisor BAND DELIVERED February 9, 2007 Chris Fuller Development Coordinator City of Colleyville 100 Main Street Colleyville, Texas 76034 RE: Z-07-003 SUP for Alcohol Sales - 2nd Letter 5224 Colleyville Boulevard Dear Mr. Fuller: Enclosed are the answers to the questions posed in your second letter dated February 8, 2007. If you have any questions, please don't hesitate to give me a call. SinCerelY: /; 0- /~ -f'/U5. D~blit President :cc RECEIVED FEB 0 9 Z007 Per -.-"-- 1:1 8717 Terrell Drive Fort Worth, TX 76180 Metro (817) 498-1122 p.o. Box 820895 Fort Worth, TX 76182 FAX (817) 498-5522 Offering genera1securities through SWS Financial Services, Inc. Member N.A.S.DJS.LP.C., (214) 859-1800 1201 Elm Street, Suite 3500 . Dallas, Texas 75270 Georgeo's Sports Bar Inc. PAPA G's SPORTS BAR & GRILL 2900 Highway 121 Suite 110 Bedford Texas 76021 817-354-4140 February 8th 2007 To: City Of Colleyville Development Review Committee In response to your second letter: . 1- Regarding the proposed exterior renovations, we have stated that the exterior will be redone, meaning that repairs will be conducted to certain areas that have deteriorated due to bad weather condition, such as rotted wood section in the main entry. Those will be redone by replacing the bad plywood, then it will be re-plastered and painted. We have no intention of adding or changing the outer perimeter of the building other than painting and repairing minor areas in order to uplift the looks of the building and giving it curb appeal. . 2-Yes the outdoor dining area will be expanded with treated lumber decking to the length of the building on the side facing Colleyville Blvd. . 3- The landscaping will be designed professionally and will be moderate in height so that the business will be visible to the drive by traffic. Plants and shrubbery that exceeds certain heights will hinder what we are trying to achieve, which is visibility and an attractive, eye appealing look that will enhance our business. . 4-As stated before there will be no bar in the outside dining and there will be no food preparation. We will only provide outside food and beverage service to our patrons. . 5-The outside dining area will meet your requirements. We will only have tables, chairs, umbrellas, benches. However we have previously mentioned that we are planning to place a few outdoor propane heaters for the comfort of the patrons . The heaters will be commercial grade. We hope that the heaters will meet your approval. . 6-We have no plans of having outdoor stage or bands music .The only music that we are providing for our outdoor diners is piped in music for their dining pleasure. All bands if we decide to go that route, will be strictly indoors. . 7 -Due to the square footage of the building, fire sprinklers are not required. However we will abide by the rules and have knox boxes installed and hand held extinguishers will be placed in various areas of the establishment. . 8-ln regards to the methodology of calculating taxes we used the square footage of the eating areas to calculate the estimated forecasted revenues. . 9-Tax verification: . a-As far as providing with two years verification of our taxes in Bedford, is not available since we only have been in operation since August 4th of 2006. However attached are our six months sales and liquor tax documents. . b- The standard T ABC license will be in place at this location. The T ABC license is; Liquor - beer & wine sales with late hours. Attached are the Texas Sales and Use Tax Returns and the Texas Mixed Beverage Gross Receipts Tax Reports for the months of August through December 2006 and January 2007. These are all the monthly returns since the opening of Papa G'S Sports Bar & Grill in Bedford in August 2006. lL TEXAS MIXED BEVERAGE GROSS RECEIPTS TAX REPORT ,,_ I1-1OD .w ',.......1 . . . .' a. 1 Calla _ 73100 . DO IItYfWRtfE., .HJIIIB1 NlleM \ 1l~~::;0369S- 2 \ NlMT:-:D I MG 08/ ~ \ /1006 g, ....~ tuIng....._ (.... ...,~.... (II ...... dltIl.. t.law.1 You ~ ~ IigIft untWChIl1Wt!J6i.m ~. (JcIwnIInn 0IIiN~~~JV/t(UMl. ..,004(_ ~ _,.. on _1IIMIf4 you. COllIMUI" fIw ftIJd(ww 0< mu.. .....1IiItId en ,*lbnn. I lOw.... ! 09120/2006 IMPORTANT ~ out tIiI!Iox it ,eu ..... r!. "'__aIl~ __~ , 1Iy........iIl~. - - - -.. Ii l...J II. ..1.11..11 1'11I1.1,"111 GEORG~O'S SPO~TS BA~ rNC 2~OO HIGMWAY ~~~ STE ~~C BED~ORD TX 7~Qe~.~D~3 . "~ .. no1Olltl' ill ........ ~ 1OlII............ .... toceHIl Ita cNngecl r............ 0WltM inIhCtCN 1IIl....... oil.... ".~~r-~~:nJ.~L~;'~{:~1Y~ '.';71 EJ &u.iMu T~: IoGIIIIon /lWM: PAPA lj I $ SPQATS '~R , SA ILL Add~; 2900 HIG~AV 121 $TE 110 "" 4~~ IID'ORD TX 'OZl-~ 1. '0aIa~ amount (...tIiiI..iing price) of j)y4'~ . . -' - drin..brthlalOC:lltion ~~OII'**) _ _ _ _ _ _. ~ 1.~ \.0CIIlI0n nvtnb<<: - 00001 .00 ~I'OIfrWHOU oou.... ONLY 2. (itOM.....oIliquottClrltllalocatioft _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - . - - - - - - - - 2. · 3. G~.... oj .... for tnillcalion _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ - - - - - - - - - - - 3.. 0&. Gro.......lJf bw and I'!ItlIt Ilqyor for .. IoOlIlttOn _ _ _ .- _ _ _ _ _ _ v - - - - - - - - - - - _. .. · 5. caroM COWl' ~ (alIbjKt kit" ...... tax) 1orlh.loGIdioFl is.. inIf~ Off lNIck) _ _ - . 5. . 8. TOI8l alOM taxable amount lor iii. 'rot'AIion (TeAl of".". 2.~, 4, and 5J _ _ _ _ _ __ _ _ __ _ _ _ - e. · .00 .00 .00 .00 .00 ,..... 7. " RE1'OIITWHOLS DOU.MII DNL. V L~# h5"5"" 'l-9~ 9. . ;J. LIt 7/'1- .00 .00 .00 .00 11.. l,i-J J ~6'f .00 fiJ "860 .<fb .,~,.,.___....___. __..________.....--....---~.. .." .._..... .e#......-........-...._. --.. _ ----------'. '-- i T~ .71111I 7. T..IP'*.... o1liqUOl' FROM ALL LOCATIONS ("..,. 2 (HI'" ptIfIe ,.. 1M ~"f1Wn 7 jMm 11II ~ lt1cIdiorI ~~nt ~) _ _ _ _ _ - 1. · ". TOMII grata'" of"tVlM FROM AL.L LOCAfl0N8 (Item:l on'" ~ pW fMlDtaJ aI IMm 8 frDrn ., ~ ~ supplMrerrt ~.) _ _ - - - - e. - 9 T oIaI gl'ON .... of ""' IInd md liquor PFIOM ALL LOCATIONS (IMm 4 on fIR,.,. P/Uf .,.. fIMJ ot,., IIIn:wtt III ".....1acaIIon tupplMJHf pagnI - - - - - - 10. T<<*I C1r-~ Chlqtc FAOM ALL. LOC-''llaoIS (/'-m 5011 thiIJ,.,. ~".lGtIIloIJr.m 10 from ",,~ Iocflf/on JUppIetn9nt".ga) _ - - - - -- 10. .- -0-- 11, Tatalllro...mounl FROM AU. :.QCATIONS(TcnI"'/MIM " B, '..'0) - - - - . - - -- - - .. - 12. ToqdWldl>>~plyn.m 11 bytu:,..Gf.l.. (,....). l!NTeRDOLLAltS AND Ct!NTSJ _ _ _ _ _ - 12. · 1:5. ftWlIIIty (Sw~OfIl1at:k) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - '3. -"......--- ... 'nlMwl (s..;~'" on bttc:k) _ _ _ __ _ _ _ _ _ _ _ _ _ _ .. _ .. .. _ - - - - __ - - - - - - - '4. 15. TOTAL. AMOUNT DUE AND PAVABl.E iltMI'R,.,.1tIItft 13 and llem ") iT~;';;EO'S~ SPORTS BAR ;NC . '1" QlQe . 'f~......... - PeIied ~~60 ) III' [.. ,., . - '~(I'.. Y'.;':.. .. . ,... . ..' y~ :.,,, . w.....,. *,.'. .'. . ..'. .... ':.!.~;:~...:~.. ....~.;......~.,....:.::.~. '..;:~'..~:' ......: -----------. 1', . 73020 l.eO.."03lt'S2 0"0& b , 1.....IMII'l 1M'" Of uaollo....,I" Itlm1S pa,-.lllt1O: STA'tI! 00Ii0Plft0U.,ERe,.,.. aD: oorrmou..et aft I'IJ8OC ACCOUNTS 111 E.1Jf1a..t Au.tin. r_ 7'T14-0100 J. :1.1. . 81.'00 (filM'JoQO,e) ~ . .~l ~ 1fJ1 r )I?/Ob , pd pr7 q ~-:::: QI-Hl ~"= n..i-llll.IIDi TEXAS 8AL.ES AM) USE TAX RETURN ... 261ltO .0._.............,.....,. .....11I.....__ Ie. · T____~"""" ! ~.A", IIIlCMI 1-20-~903695-2 'ftONTH END 08-31-2006 0608 ,..~II/J./I..r..ullcll. h.. ~dim' 09-20-0& I 825000 1-' /'IlflQ -'" --.,.".. ....) . 2100 tttliiHWAY 121 In l1Q BEDFO~O TX 76021-4033 2~~~OlaO~'O]~'S2' O_060D0010&~SOOQ2 It...i.' I..i 1,,",1, I, f ,11.1..1111,11,1 III ,II... \lnt .1..11..1 ItO Q:ORG~O'S SPOftTS BAft INC OBA PAPA G'S SPO~~ BAR . G~ZLL 2~CO H~GH~AY ~el SiE l~O 8E~~O~>> T~ ?D~~-4033 ........ =. ...... ..-.- ....... ... ....... GG l CIIIr....._ta.. . go IIOr MTIIf.... . ... ......",.--1' f_ TOTM....... . ~....&'W,- - - a.1'AXAaaWD . ~""'criJrJ- . - :to T........"'-="~ + · :'WllOII........,} ~ - - 4, f__1II ......... . ...,.........') - - - .. T.... . X II.'" X LoeAL ~.,..tjI .082500 _ .. ......v FILM oeoouNT - .. - - .. T. .........,....... - - - - - - L.......U _ ,..........." l' ll\lIIl- 6.i - .. ~........ + ... .......1- - - - - - - tQ. 'tOTAL.AIICMrf,DUI . ANOMV" _ ....,....,J- - - - - -- II 77 9 ~ II 77tJ f:i ...R2.. 100 1177f~ '171 77 't~. ~ 9J{3./~ f ~ 3,/ B ...--. ------_.- .----- ~-- ~- :"''''''''', 1L- Te~ ttllXED BEVERAGE GROSS RECEIPTS TAX REPORT . ..' . t.1C-odt .731GO .DONUrwtllfeINSHADEDARIMJ i c. T""'~ I d. "WIlol*kld ~.- L" 1-20-14903695-2 AON1'H ~G_ O~60/2006 II MIM 4R<l ,......,...._ (fIlM. *'Y _..-y ......<< ..,... Cll'l"ll- ~.) YCIU ""....,.tr~ unw CfwIn tfU~.. ~ CodIt. 10 ,......I*lUM. _ ClCImId .....1IIIIfioo _,.. elI''' MelIA JIIO!I. CorJMar 1M."..... ~ ""'*- """"* IIIlId Gt' hi bill. I f. ~;;:/2006 1l1l.1.llult'"IlII' ...111 ~E6AG~OfS SPORTS eAR ~~c a~DO ~I~HWAY la~ $~ ~~ 9~D~O~D 7X 7.02~-~033 --, 2HltO ' '~fORTANT . II-*lIUt" bolt If ~- ~ 0 .......... ___. 8how ~ 1. fty 11. jlnIprilMd~. - - - - ... . j ~ , If rw ..110"" illlUtiIen I1f YCJUI' IIlMiMn ~ liMiter Joodl:lft 11M .....,... CO'" ..... ClI~",~, Qllh... of.. fom1. ~'):rr~:r"~"~'~r~j:'''~''''~' ':'Y~ ltl:J :- ~:::~ ~'(~l;'::::~~7~'~~~/. ~ ;':"~: :~ :~ . '; ::~: :.: rASe p..,."lt B\I..... l'lul'l'1tllll: IacIIbon ft4ImtI: PAPA GIS $POA'TS BAR . GR ILL Add~. 2900 HICHWAY 121 STt 110 L "!6~"'~ BEDFORD TX 60z 1....0 :5 i. l>oIu iimour:t (.....MiPnQ Pfi<*) crt ~ dmkl tor t:hilloc:lltDn (SIN ~ M~' _ _ ~ ~ _ _ .. _ I.. locAtio!\ numMr: . 0000 l . . .00 1IS'ORT WHCX..S DOU..AIIt OM. V 6 Totti if'*'~" MlO,,1lt *>r 1tTi$ loc.Iicm (rGtlrl of n./U R. 3. 4. 4I1ld 5i ~ . _ _ _ _ . _ ~ _ _ _ _ e. . : ~ :f,€I'~ ~~ :83 . f'/~ .00 . _ ~ .00 .00 2. ~ ..... ot liquor for lb.lClaItion _ w _ _ _ _ _ ~ _ _ _ _ . " . ~ ., . . _ ~ ~ _ . _ . _ . ~.. 2. ~. GfMS Hies of WIne _ tltls ~ _ ~ _. _ _ _ _ .. _ _ . _ ~ ~ _ . ~ . . . . . . . . _ _ _ . _ . 3. ~. Groh~o4_rend""liquorfQrm..1ocm:ln . ~ ~ _ _ _ _ _ _ ~ _. _ _ _ _ 'W _ _ _ _. _. 4. 5. Gr~c cow' oherge. (SUblK't to W'OI$ '.....1") b tits ioc4ItlCln (~I!I$ttU*"- On bacK) _ _ ~. 5. r; n:'OlII . 1'"10 . , '-""".. 7. 11 "EPC:JR't MfOU! DOIJ.ARf Q& \" I 7."rocai &1'0...... of liquor FROM .~L LOC,t.TI()f.f& ,.. ~ I tl/'flttl 2r.m ml6 ,.~pIu' rhftfOlaldfHlm .7frortt d DU.m.. bc*nl fU"""""'".,.J _ _ _ . _ _ 1. Iii ~" I?L .00 8. T'*' ,rOM ... rA WIM FROM AU.. LOCATIONS iIJ Z. (f"""3ont:fiI,.,.pIu.if>>tolllio"""Bfttamd~locl/tlcnw~l>>I1H) _ _ _. _. 6. __ --,11 .00 9. l*lOrosa"'ofbMfUtd~ltllq"OfFROMAU.LOCA"T!ONS 2../J 1/ (tt.m.. "" t".. ~ Pu$ ". total of lrem P 1hlItl., ~ .bcat1O!1 .'ppW."'''' ~I _ _ _ _ _" i. . _ .,...., fl7k2. .00 . 10. To1aI gl,. COYer ~8 FROM ALi. L.OCAl1QNS ~ 0 jl.Soo'h/$pcIf1/lJpu.iMlofttlofn.m ,OIrom-'tNMHfbuticnllClpplemMr,..,S!_ _ _ _ _ _ to. . _ ~'. 0 11, TO.I gralumounl FFtOM AL.I.I..OCATIONS(Tor.,dl,.",.IJ. 9.M'd to).. _. _ _ _ . _ _ _ ._.' 11. . ~ tt-I/ I (J f' .00 12 ,"laYdue ~i'ftm rr D}'lb''*'ot.14 (1.~} ENJI/HiOLUlfS NoIOCf.NTsJ _ _ _ _ _ _ t2. . 5i 7'i "; .~ ~3. p~ {s.. ",.,.,~<Jrt~! _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ '8. B e- 511i)'f ~ (I:'~'::lliF' LF::"':::''''''\:) If':' :~"~~:":::':lr" '>1 .:,,"~I.. ......:. <;M.:...t.ti..:,:,::i,!-,:s..::.,., ;',: :,. ~:.' .... ,'.: I :" ':1::,':; ~' 14.I~tMt fs..1n<<ru*ns on tMII::lt} ~ ~ _ _ _ _ _ _ _ _ w . _ ~ _ _ _ _ _ _ _ _ _ _ _ _ .. ~ _ ~ _ 14. 10. TOTAlM40UNf,OUEAND PAYABLE (Ittam 1ZplJ.ttwn 13flf1dfMm 141 ~ _ _ w . _ _ _ _ ~ _ _. 15. . r.~~!aEOI S~SPORTS ~AR INt . '0lt4. .T~~ . ...... r-- --- I'-.-~~":""'.- "'-" .,.,~-- J MlilIu: C~Jf:lOU..EA OF PueUC NX:OUHTS I 111 E, \ 7tt SitW I ~. r..- 717':'...0100 "----... ..J 61-1l1O {Rw.s.oe,t} ~ ...... -..... ........:J './A"7~! -.. l , ?30aO 12C""03b~52 OliO.. 4 0" 111 A "..- ~ h o {fO -' &it!; (<<f ~_ lI'aw.5oOll!Mt TEXAS SALIS AND USI TAX RETURN GG a . .16 1 ~ . Ie _..... ....... ....... ................_ ~..;;;;:;.- lei- l'l.... 0";0. --- I l-20-~903635-2 i~ONTH END 09-30-2006 0609 ~~..a...I'Cl."~o...... Ill.. - L ~O~~l 10-20-06 iOB2S000. . ~.~-<<--:~""'j i ~gOO HIQI-hIA.'l' 121 SU '10 '_ BEnFORD TX '7.0::1. 1 .4033 ~~1~012D~'03b~S2' ObO'D000105~50000 111111.111111.. III 1.111I11 ,1..11I1111I11...11...11..1.1..11111 IJO GEO~~~O'S S~~TS BAft XNC ~9A P.PA G."OS SP6,""~ 8~ r. ~t'-L !~OO HIGHWAY ~el STE ~~a e~~FO~~ TX ?b021-4C33 --"_"__.0_'" L ClUTCII'.......ull a DO 11M."....... .. . /IllI............... Y t. T01'AL a.\UlI . /WtllIIII ""'"lIIIl') - ~ ~ .. TAXMU IALU . /M"IlI* "''':U'Vy} _ _ _ "1AXMLa~a_ + · ~""~J - - - 4. '''' tIlIIIlUId ............ = . /MMe:l,.,........4i _ _ _ So 'M.... . x ......,. X LOCAL 1IJIttItI,.".4t;ty .Q82S00 ~ ... ~Y.fM.IC'1lIIICaUN'I' - · ,. Prior ......... _ _ _ _ _ _ t. .... 1M... _ /lII-.:f *",*'iI/II t...,.. $..; - .. ......,........ + t*-......)- _ - - - - - ,0. TOTM. MIOUNT DUE . ."YM&.I _ .'_.iJ-_ __....- II, -R. 6 lJ ,C: 1/~~b&J~ .9J!. 100 II, 2~O ~ fAg ;l.S "17 f~l 79 ~~ 17-100 ~. lIftv~1 L TEXAS MIXED BEVERAGE GROSS RECEIPTS TAX REPORT ..1 COCM .71100 - 00 NOT..,.... WfNIf!D~. . d.~-:"'--.;,J,-'':' ----------- I Q. T~ IIUl'nIMf .-....-r- . 1-20-Jt903695-2 N)NTH ENDING 10/31/2006 --- a. ..... ~"... -.- tN_ 4lIIV __y 11_ 01 .td1WO ClIlen.... MllIw) II. If t.l1 r 111111 "II'" .11.1. .11I... ..tI.. .11. I GEOR~EO'$ S~~S SA" XNC ~~DC HI~HWAV ~~L STE ~~O BLDFOft>> T~ ?bC~L~~033 ---, 2HJtO , ---' TAlC Perm. BuRt... PAPA G'S SPORTS 8AR ~ GRILL i..oc.lIOn """'bet: . 0000 1 ftull'llllN: 1000000n nIlm.; AdcIfM8: 2900 HIGHWAY 121 STE 110 l'\B6l'_"1 BUfORD TX 76021-ItOn t 00Ilat .mourit'(NIail"lllIl. Cl::"plimentary -~-~ ~eRj __., ~ lJl<<[iIIf- Mtl, clfinIta tot' flit ""'"" ~ ........, _ _ _ w _ - - - 1.. 2. ~..... or....uor 10r thII ~ _ _ _ _ _ - _ - - - - - .. - - - .. - - - - - - - - - - - - - 2. . ::-I~r:B 3. ~,..... at.. to, Uu. __n _ _ _ .. _ _ _ _ _ _ _ _ _ _ _ _ . _ . _ _ _ . _ _ _ _ _ _ _ . 3. . ... Gfon..... Df.....1Ind mdliqUorfol'lhlllo",ion _ _ _ _ _ _ _ . . . ~ _ _ _ _ _ _ _ _ _ _ _ . . 4. . S. GtOlI ccver c:twps (aubjltCl ~ ;tOM **pta tuc) b' tm. IoGIIIion iSH InItNClCIOM on IMcItj _ _ _ . s. . - . .00 ~. TotaIll~ tMabltl amount tor lhia IDcIllion (ToftII 01 bnN a. S. .. .m $} - - - - - _ - - - - - .. - 6. . ~f (1/ g .00 11. TOIIU aro.umovntFAOM AU.LOCATlQN8 fT*'''''''''' 7. 8. a. - fO) - - - - - - - t - ". T.................._" .,...-ot.1<t''''j _DOl.. .0 ,:.===::; --:: :.-----:--.',' ,-.-: -- ~ .',- -,. --~~: ::: 16. rOT~AMOUNTDueANDPAYA8LE (lIMt fRpIu.1Mm13f11td,..", r4) _.. _ _ _ _. _ _ _ _ __ ".....,.,. ff fflD'OltrWHClU' ~OIVLY /~/ $11 .00 1Jf 5.. .00 ~'t~/&>.oO . 0 .00 f()/ '1/ ~ .00 ~6S~ .~ 1.2. . i.T~ .7*1. 7. T~ IfO" ..... of lquOf FROt.I ALL LOCA~$ (Item 2 on ,n;. ~ ,.,. ". tee. of_m 7 from.n b<<I_ ~n ..,,..,,.,, Pf/IIH) _ _ _ _ _. 7. · e. TOIlIIl ~..... of.. PROM AU...I.OC~:nOt.ls (tIIIm 3 MI thI$ ~ pJu. ~ lot. oflfMl. from ." ".,.,...1ooatJon ..~ ptfU) _ _ _ _ _ _ e . 9. TCIIlII aroM ..It I of bMr .I'd Mllllliquor FRCU ALL LOC4TlONS (#tarn .. <m1hill ,...,._ tt>> total of ".", g trvm III ".......loDolion Alpp/fIIt*tt P/IfIU) _ .. _ _ . _ S . 10. T-.I glOM ~wr ct... FROM AU. LOCA1lON8 ("-" ~ on'" pag.,.. ~ lOt-' of/rem tD fivm.. bu..... bcatron BI.I~ Pf/ItHJ. _ 1$, . s; 65'~ . S:. r.~;GEO IS SPOATS BAR I Ne ~ -- - ) ,...,>.<$.'<1' i.x"'.::.\:........,)\~:~,. ~~.~1r..")".'..,~>:. ':-Y';'l ;, "~.:'::~;<:~~,' :~~ .:;:":..::-::~:~:r' ...,;..:,: -; '; :.:'~:::~-:;::'" :.;"(, :.~~t.::-5:.::~ { {. ..~ . '...".- .~iIaI i: _..._._,,-~. ...,..~ .... to: cowrmou.EA OF PU8LIC ACCOUNTS 111 ~. r,*"", I AuIlIl. T_ 71rn.o1C1O e 7-100 (IWt.5oOU1 I I I 0.. n../ ~ 73D~D 1.2014"03""52 DlalQ a 111 A ~, "fW .. ...., IWIJ USE TAl'RETuRN ,& ,.....-..... ............-. (. .T....,.... 4,Plq__ 1-10-ItgO)695-2 "ONTH END 10-)1-2006 0610 I.. ..... 0....... 1\. . oMT 11- 20-06 1082SOOO _. __",_ __......v 2.00 HIGHWAV 1lf STI 11Q L II~Fa.o TX 7.021-40S3 aLl~OlaO~'03~'5~' O~lOOOOOlDaa50D08 11...1.11..11. ",,1.1 mll.IIlIII,"..II...II. ..11..1 I 1..11..1 "0 ~€O~GEor~ SPOftTS 8~ ~NC >>B~ P.PA ~'S SPOftTS BA~ . GftZ~~ ~DC ~........y l.e~ $-n: ],1.0 a~~~oft~ T. ?bO~]'-~O~M ....... =..,.. ......... . ...... .. ~"'rJO .......... 1_..__.. ~ DOI<<1r__~ .., .. -.............. 1. 'IOTA&. UUIII . ........)- - - & r....... ..... . ,..........,.l_ _ ~ .. f.....~~.... + . ~........)- - - 4. T___ .......... = . ,..,. ~"",... Ii - _ - J.. ,.... . X _A"J X a.oca.. ............ .012500 _ .. ___..fIIt.M~ _. .. f; .......,.;w.....:...-.-::..- ~-"-' .. -..- ............" --..... '.J = .. ...... Ii....... + -.........- - - - . - - .MAL~_ . ".M'" _ ~~"~'J - - - _ _ _ - .... .., ----.---.......::-0:. II 0$' ~ 100 II (73'1 .OQ.. 100 ..w. 100 ,. / tJ5f 00 ;ao ,~~ 72 ;. r~ .. "10-' I~ fat:,. /~ il;-. L TEXAS MIXED BEVERAGE GROSS RECEIPTS TAX REPORT II T Ctlde .73100 . Dc) NOT MInW IN ~ ME'" rc":T_-y.nw..-r I I". FIlIl,rfl'l"DCl ~~lO-4903'9S-2 J ~~NDING 11/30/.~6 II. ....... ""' ......1IIIkIr_ ~ ...y n---, IlIlM ~ ..". .~ lMIIow.l H'11O _JHlII~ y_ ~ ..".fn fIR"" IlIltW a.pIIIr~ tili! wrI! ~ ~ ~ ~,..,.",~...04tfIICt ...'ICiIl)n ... ,..... <<I" f/bolA ~ C~ III "....... or -- "'......... ...... "" "........ I f. Oil.... J I ''lIza/loot,. II ". i.Ii..1 i 11I..1.111.11,1. .11I,," .11,"11.1 C..E('''Ii-~O'S 5POr~"S OAR :r1~C ~~:l t4:r.GI1UA'l' 10m.. ~TE: ).',\,o R~DFO~D i~ ?bO~\-4033 ~ cr. !tv ! I lMf'ORTANT IIIl* eM iii _ ifyQUI mllN _T.~:* _..'Id. ;t-,;. *- '....,;, byN:fII",~l6':J,"'..l""" -. . .~ [J I I ___J . 'f ~."" r.-. '9 '11:':"1' 7' ~w._. or flU bu... IIt111. "":Q'~-,-".:JClI .,~ .'I.~_. r. ta...llullineM ~~ 011...... 01'" f:lmI. \I ';"';""" ........ 1 IE:] ......M.'...' ,.' ..... ,""'.. ........ :~.:~rf~;.:~;/;}.v~i:.~.;..:~:.:::i.~:;!.~~1 . {:. ':.:', I TABC~II 8~s PAPA G'! S~AT5 BAP. ~ GRilL I ::~'l ='..",. =O~Q~A;6~~:_~~3110 ,. eo., tlmoullt (~I"1IinQ pro) of ~ drillca tor en.. ~ (S.d.1ItNcfiomI on bIIt;Ic) _ _ . . _ _ _ ,. t.~ ________ ., I~ L.oc&dion 11umber: - ()OO~ 1 __.00 lll1'01fT WHOU DOUMrS c:ML y 2. ~... of liquor IDr IhllIocICion _ _ _ _ _ _ _ _ y . . ~ _ _ _ _ _ _ _ . _ . _ . _ _ _ _ ., _ 2. . ~. aro.e I8Iet 01 win. tot IhltlOc:.a1Ol'l _ _ _ ~ ~ w _ _ _ _ _ _ _ _ . _ _ _ _ ~ .. _ _ ,. _ _ _ p _ _. 3. . 4. G'...._of,*" WId mdllqUOfforthltloclllOn _ . _ _ _ _ .. _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ ' 4. . 5. Qrc)sa ~ e....... (1IAItKt 10 $l'OIS rtMllllptl tu) ft>>r IhillIoclIdIx1 (a.. ~ on 1Mck) _ _ _ . 6. - e. Total ,~. talCIIbI. amoIlflt1o"ht. tooaon (TaW of..". 2. 3.... ~ 6) 1'0 _ _ _ . .. _ _ _ _ _ _ e. . /f./ / / t?ti.OO ~OO ~~~~ :88 I ~P: >/..Z .00 I _.:.J FoI..,.. T ~ 11 P.I!I'OIffWHOU DOtJ.JVllt OM.Y I. T CoM . 711. 7. Toc.I ~ .. o1l1auor FROM AL.1.. LOCATIONS f'*" 2 Oft 1M DIf1/t tJjn ffN t. d lIP? ., from .,,,.,.,..,1oc.tIf/M .,,,,.,,. 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Q "a.I'llI'~':;::;~ .i ~......II:= _ 2. .fIC. .~..i' :r .i g g g 111 AI "., o ~ c c c CI N ...... ...a c - - - ~ 1 -= .. -: j I - j W H =u~g :~"~ :;: .. 11'I :: l: \II '" I =;~L;~ 1 = .. . ~i ~ ~ ~ 11 :: tlll II.. C "::14111~~ ::- .. " J~"~i ..:~:8~ -::",0(11"14 -;:Clll.lUm Itl111 I. ,I ~ ~ " ~ ! ~ , " February 16,2007 City of Colleyville Attn: Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 Re: Zoning Case # Z-07 -003 To Whom It May Concern: As owner of 5204 Colleyville Boulevard, the property located adjacent to 5224 Colleyville Boulevard, I strongly oppose the City of Colleyville granting the SUP for alcohol sales being requested by Don Noblit for case #Z-07-003. Sincerely, fJ!!!:t~ President of the General Partner NIT Investors #2 Ltd. FIRST BAPTIST COLL-E-YVILLE February 19, 2007 Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 Re: 5224 Colleyville Boulevard; Case Z-07-003 Commissioners: This correspondence serves to inform you that First Baptist Church of Colleyville is opposed to the owners of the property located at 5224 Colleyville Boulevard being granted a special use permit for alcohol sales. This property is in close proximity to our children's ministry buildings. We have ministries that take place throughout the week, including evenings. A patron drinking and then potentially leaving the property is not the atmosphere we want next door to our church facilities. We respectfully ask that you deny their request for the special use permit. Thank you for your consideration. God Bless, ~~oy Executive Pastor ~ <<~~ d/5/ Jim Bailey, Dick Schaulin, Lonnie Laue, George Coleman, Clark Lovrien, Jay Bray Leadership Board of First Baptist Church , RECEIVED FE8 2 0 Z007 Per ...-........... 5405 PLEASANT RUN. COLLEYVILLE, TX 76034 . PHONE: 817.i81.4158 . f8CCO~LEYVlll[.COM Don N oblit Associates, Inc. Registered Investment Advisor "Building Block for the Future" BAND DELIVERED February 22, 2007 Chris Fuller Development Coordinator City of Colleyville 100 Main Street Colleyville, Texas 76034 RE: Z-07-003 SUP for Alcohol Sales - 2nd Letter 5224 Colleyville Boulevard Dear Mr. Fuller: I am writing this letter to address the various items of concern voiced by the Commission regarding the above referenced request for Special Use Permit. First, the owner of the property has agreed to have a fire sprinkler system installed at his expense. Second, Mr. Haddad would prefer to have a smoking establishment since to do otherwise would put him at a competitive disadvantage with similar establishments: i.e., Applebees, Lonegan's. He is prepared to control the smoky environment as he has in his Bedford facility. Third, the magnitude of Mr. Haddad's investment and lease precludes him from entering into a financial obligation that requires the owner of the property to reapply for a Special Use Permit that can be denied arbitrarily. Too, he runs a tight ship and feels that the past should have no bearing on him. All indications are that Mr. Haddad operates his business in a very professional manner by hiring experienced managers and wait staff all of who are trained as required by TABC. In addition Mr. Haddad prides himself on the quality of food and service, the compliance with all rules, laws and regulations, and on the cleanliness of his establishment. RECEIVED FEB 2 2 2007 \ Per ..........--... 8717 Terrell Drive Fort Worth, TX 76180 Metro (817) 498-1122 p.o. Box 820895 Fort Worth, TX 76182 FAX (817) 498-5522 Offering general securities through SWS Financial Services, Ine. Member N.A.S.DJS.I.P.C., (214) 859-1800 1201 mm Smet, Suite 3500 · Dallas, Texas 75210 The last item was the suggestion to provide drawings of the proposed improvements to the building. There are no drawings of the proposed improvements to the building since no structural changes are being made. The building will be repaired and painted in a color scheme to look the same as the buildings in The Villages and the inside will be remodeled according to construction estimates already provided. Code compliant signage is to be provided. Mr. Haddad will have pictures and the color scheme of the building available at the Commission meeting. After looking into the incidents reported by the Keller and Bedford Police Departments, the motor cycle gang and the car shows in the parking lot occurred at the Bedford location while it was a bar-b-que restaurant which preceded Mr. Haddad's involvement. The Keller report of the DUI cases spiking were for the years 2004, 2005, and 2006. Mr. Haddad sold his location named Papa G's to new owners in 2002. In addition, while Mr. Haddad owned the Keller location, he hired off-duty policemen, with the police chief's permission, to be at the door. When he sold the establishment this practice stopped. Mr. Haddad has had no ownership in this operation since 2002. We have made great efforts to find a reputable occupant for this building in light of recent history. We believe we have accomplished this with Mr. Haddad. We fully intend to be good citizens and look forward to a successful, long- term endeavor at this location. I pledge to respond to any problems immediately and can be reached at 817-498-1122. SinCerely~ru () ~~ - f'~f, ~ oblit PreSl ent :cc ORDINANCE 0-07 -xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE, PROVIDING FOR THE ZONING CHANGE OF THE PROPERTY ON LOT AR, E. M. THOMPSON SUBDIVISION, AUTHORIZING A SPECIAL USE PERMIT FOR THE SALES OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AUTHORIZING PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Colleyville has received an application for a Special Use Permit under Case No. Z-07-003; 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, 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 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 Ordinance 0-07 -xxxx Page 2 of 3 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. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. 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. 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 the sales of alcoholic beverages for on-premise consumption on Lot AR, E.M. Thompson Subdivision, as depicted on the Zoning and Location Map, attached as Exhibit "A", and subject to the following conditions: a. A termination date of the Special Use Permit (SUP) for the on-premises sales of alcoholic beverages one year from the date of approval. b. Alcohol may be served from 11 a.m. to 10 p.m., Sunday through Thursday. c. Alcohol may be served from 11 a.m. to midnight, Friday and Saturday; d. A fire sprinkler system and alarm will be installed in accordance with the City Local Amendments to the International Fire Code prior to the issuance of a Certificate of Occupancy. THAT the above described tract of land shown on Exhibit "8" 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. 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. 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. 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. Ordinance 0-07 -xxxx Page 3 of 3 Sec. 7. 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 ORDERED. The first reading and public hearing being conducted on the 2007. day of The second reading and public hearing being conducted on the 2007. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT A - ZONING MAP