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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-3/26/2007 City of Colleyville Meeting Agenda Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, March 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 Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly 3. INVOCATION Commissioner Redfearn 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES March 12, 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a Minor plat for .65 acres in the S.C.H. Witten Survey being Lot 1, Block 1 of the Montclair Pointe Addition located at 5504 Montclair Drive, Case P-07-012 8. PUBLIC HEARING AGENDA ITEMS 8a Approval for a Special Use Permit for alcohol sales on a portion of Lot 4, Block 1 of the Glade Points Addition located at 3930 Glade Road, Suite City of Colleyville Page 1 Printed on 3/23/2007 Planning and Zoning Commission Meeting Agenda March 26, 2007 126, Case Z-07-010 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 10. COMMISSIONERS' COMMENTS AND REPORTS 11. I hereby e ify the abo agenda was posted on the bulletin boards at City Hall on Thursday, March 22, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 3/23/2007 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Minutes - Draft Monday, March 12, 2007 7:00 PM City Council Chambers Planning and Zoning Commission 1't..'S~~~ City of Colleyville Minutes - Draft Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, March 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 March 12,2007 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Robert McCormick, Dave Dudziak, Scott Redfearn, Mary Taylor and Denis Duffy Absent: Commissioners Jeff Byerly and David Phelps Staff Present: Chris Fuller, Project Engineer Jeremy Hutt, Fire Marshal Rob McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Dudziak. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Duffy stated he would like the Recording Secretary to insert Mr. Haddad's comments and outburst in item 9b of the February 26, 2007 minutes. Commissioner Dudziak moved to approve the February 26, 2007 meeting minutes as amended by Commissioner Duffy. Commissioner Taylor seconded. City of Colleyville Page 1 Printed on 3/13/2007 Planning and Zoning Commission Minutes - Draft March 12,2007 The motion carried by the following vote: Aye: 5 - McCormick, Dudziak, Redfearn, Taylor, Duffy Absent: 2 - Phelps, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a Minor plat for 1.6 acres in the S. Witten Survey being Lot 1, Block 1 of the Hernandez Addition located at 5205 Montclair Drive, Case P-07-016 Chris Fuller presented the case and briefed the Commissioners. Commissioner Redfearn moved to approve case P-07-016. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 5 - McCormick, Dudziak, Redfearn, Taylor, Duffy Absent: 2 - Phelps, Byerly 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a Replat of Lot 2AR 1, Block 3 of the Westcoat Place Addition being Lots 2AR, 3, 4 and a portion of Lot 7, Block 3 of the Westcoat Place Addition located at 6104-6108 L.D. Lockett Road, Case P-07 -002 Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding why the dates on the Development Review Committee are different from the current dates? Chris Fuller replied this case was previously scheduled for January 4th. He stated the Planning and Zoning Commission vote will be the final vote, this plat will not have to go to City Council for approval. Commissioner Duffy questioned staff if the application is complete for tonight's hearing? Chris Fuller replied yes. Commissioner Duffy opened the public hearing at 7:05 p.m. Dan Whiffen, Symphony Properties, representing the applicant, came forward to answer questions. There being no one wishing to speak, the public hearing was closed at 7:06 p.m. City of Colleyville Page 2 Printed on 3/13/2007 Planning and Zoning Commission Minutes - Draft March 12,2007 Commissioner Taylor moved to approve case P-07-002. Commissioner McCormick seconded. The motion carried by the following vote: Aye: 5 - McCormick, Dudziak, Redfearn, Taylor, Duffy Absent: 2 - Phelps, Byerly 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Chris Fuller thanked Commissioner McCormick for his tenure as a Planning and Zoning Commissioner. 10. COMMISSIONERS' COMMENTS AND REPORTS The Commissioners thanked Commissioner McCormick as well for his service as a Planning and Zoning Commissioner. 11. ADJOURNMENT The meeting adjourned at 7:06 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, March 8, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyvi/le Page 3 Printed on 3/13/2007 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: 03/26/2007 Requester: Community Agenda No.: 7a Final Action: Development Department File Name: Approval of a Minor plat for .65 acres in the S.C.H. Witten Survey being Lot 1, Block 1 of the Montclair Pointe Addition located at 5504 Montclair Drive, Case P-07-012 Attachments: Location and Zoning Map. Development Review Committee Memo . Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 03/26/2007 Planning and Zoning Commission Title Approval of a Minor plat for .65 acres in the S.C.H. Witten Survey being Lot 1, Block 1 of the Montclair Pointe Addition located at 5504 Montclair Drive, Case P-07-012 Explanation Larry Stewart Custom Homes is the developer of a 0.63 acre tract of land located at 5504 Montclair Drive. The developer has submitted a request for approval of a Minor Plat, which will consist of one lot for the construction of a single family residence. The property is currently unplatted and the developer proposes to construct a new single family residence on the property. Approval of a plat is required prior to the issuance of a building permit for a new residence on the subject tract. Zoning. The R20-Single Family Residential zoning for this property was approved by the City Council on March 20, 2007. The R20 zoning district requires a minimum lot width of 100 feet and lot depth of 125 feet, and a minimum lot area of 20,000 square feet. The subject property is a lot of record and can be developed under the R20 requirements, provided all setback standards are in compliance when a new structure is built on the lot. Parkland Dedication Fees. Parkland dedication fees are not required of this property as there is an existing house on this property. Sidewalks and Trails. The Land Development Code requires sidewalks on public streets. The sidewalk adjacent to Montclair Drive is required to be 5 feet wide and must be City of Colleyville Page 1 Printed on 3/23/2007 Agenda Briefing Continued constructed at the time building improvements are made to this property. Perimeter Street Improvement Requirements. Perimeter street improvements are not required for this property as there is an existing residence on this property. Right-of-way Dedication. Montclair Drive is a Minor Collector on the Master Thoroughfare Plan, which requires an ultimate 75 feet right-of-way. The developer is dedicating additional right-of-way from the subject property to provide for one-half (37.5') of the required width. Tree Preservation. The applicant was made aware of the tree preservation requirements. 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. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies the requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville Page 2 Printed on 3/23/2007 Location and Zoning Map 5604 R-20 700 5608 5600 R-20 5512 5600 5601 R-20 5504 5515 5513 R-20 5511 5500 5503 R-20 5417 5501 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE TO FAX NO FROM January 23,2007 LARRY STEWART 817.399.9019 Chris Fuller, Development Coordinator SUBJECT P-07-012 Montclair Pointe Addition Minor 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. Revise the approval block to state Planning and Zoning Commission: PLANNING AND ZONING COMMISSION ApPROVAL WHEREAS The Planning and Zoning Commission of the City of Colleyville. Texas voted affirmatively on this _ day of . 20 ~ to approve this Plat. Chairman. Planning and Zoning Commission Attest: Secretary. Planning and Zoning Commission 2. The minor plat will not be scheduled for Planning and Zoning Commission consideration until the rezoning request has been approved by City Council. 3. Provide 7.5-feet of right-of-way along Montclair Drive. Contact Barry LeBaron, 817.503.1052, for more information. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are not required for this property as an existing house is located on the lot. PARKLAND DEDICATION FEES. Parkland dedication fees are not required for this property as an existing house is located on the lot. 100 Main street, Colleyville, Texas 76034-817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-07-012 MONTCLAIR POINTE MINOR PLAT SIDEWALKS. The Land Development Code requires sidewalks on Montclair Drive. The sidewalk along Montclair Drive must be a minimum of five (5) feet in width and installed when any new structures are built on 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. SEWER Not required for this property as an existing house is located on the 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 installed. ROADWAY WATER The following impact fee schedule is applicable for building permits issued on or before March 31,2007. SEWER Not required for this property as an existing house is located on the 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: Monday, March 26, 2007, 7:00 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; · 10 full size copies of the revised exhibit; · 1 reduced copy (8.5xll) ofthe exhibit. PAGE2oF3 DEVELOPMENT REVIEW COMMITTEE P-07-012 MONTCLAIR POINTE MINOR PLAT The above requested items must be submitted no later than noon on Tuesday, March 20,2007, in order to make the scheduled hearings. Please contact me at fuUcrc((V,ci.colleyville.tx.us or 817.503.1054 if you have any questions. PAGE 3 OF 3 J m~ IUI ~ ~It : ~ ~: :OL 1, .1 - .,.....--f1o I "I :! '" I ~, "'I I I L ___ -- . . ;i'J ~j I!!~ '''I ~I. I r. .11 II Iii' I"' I!fll ill: I -Ai .!is~ ~It' - -'7'l-:o.- - .-- Olin 1DIlUm __ OO"QQ~ H.U"OS .4'l.a/'C.... - -y.r... I -At !i~ gW -~r !f~g :ii~ : i ~:-II ~-v v . I ~~ ~ . ~ ~ti . ~ is il V ~ ~~..... 4?", ~. +~~ ..~ s S , I, , ~ cft I I ~ ~ 'p ~ II II~II;~ g - ~ fa 9. lie 1 I ~ ~~6.11i Sidi~1 ~ ~........ j'9 31"',iU i i ; ~ if I h.:11.9' ! ~. e! Himm ~ d ~ ~ e-. It. i ~ . C I ~ .~ II 151 ~ ~ . , I I I r II II~ I ~i ,fi. Iii i I ~ i ~L I i;. Ii;! ~ ,II!I;! di;n! UI o :s w ~ > et::) w C'l () a::: W <( :; a:: :;E a.. I Ii -r~ 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: 03/26/2007 Requester: Community Agenda No.: 8a final Action: Development Department file Name: Approval for a Special Use Permit for alcohol sales on a portion of Lot 4, Block 1 of the Glade Points Addition located at 3930 Glade Road, Suite 126, Case Z-07-010 Attachments: Location and Zoning Map . Notification List . Statement of Planning Objectives . Zoning Exhibit. Development Review Committee Memo . Applicant's Response . Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 03/26/2007 Planning and Zoning Commission Title Approval for a Special Use Permit for alcohol sales on a portion of Lot 4, Block 1 of the Glade Points Addition located at 3930 Glade Road, Suite 126, Case Z-07-010 Explanation Kwang B. Ko is the owner of a proposed new Japanese restaurant that will be located in Suite 126 of the Glade Pointe Shopping Center at 3930 Glade Road, a vacant suite previously occupied by a deli. The property is owned by Gregory Commercial in Dallas, Texas, and the property owner has given permission to Mr. Ko to apply for a Special Use Permit for the sale of alcoholic beverages for on-premises consumption. Mr. Ko proposes to operate a 2,464 square foot restaurant on the site. The restaurant will feature sushi and oriental foods. The restaurant will be open from 11 :00 a.m. till 2:00 p.m. and 5:00 p.m. till 9:30 p.m. Monday through Friday and 5:00 p.m. till 9:30 p.m. Saturday and Sunday. A copy of the proposed food menu is attached. Distance Requirements from Churches and Public Hospitals. The Colleyville City Code of Ordinances requires businesses that serve alcoholic beverages to 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. The property is in complicane with this requirement. City of Colleyville Page 1 Printed on 3/23/2007 Agenda Briefing Continued Distance Requirements from Schools. The Colleyville City Code of Ordinances and State alcohol laws require a 300-foot distance separation between public and private school property and property where alcoholic beverages are sold. The distance is measured property line to property line. The property is in compliance with this requirement. IMPACT ISSUES Master Plan. The Colleyvifle Master Plan designates the future use of this area for retail and commercial land uses. This request is consistent with the goals and objectives of the Master Plan. Surrounding Properties. The surrounding properties are developed as retail, a grocery store and restaurants. All the properties in the area are zoned CC2 Shopping Center Commercial. Development Trends. The long-term trend for this area is for commercial development. The property in the area is suitable for that type of development due to the property's location at the intersection of Glade Road and SH121. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Quality restaurants are expected to generate 90 trips per 1,000 square feet of floor area on a weekday, on average. Based on this average, the proposed restaurant would add 223 vehicle trips per day to the surrounding roadways. Glade Road adjacent to this property is a four lane facility and adequate to handle the traffic generated by the proposed restaurant. Public Notification. Staff mailed notices to thirty (30) 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. No correspondence has been received regarding this req uest. Recommendation Approval City of Colleyville Page 2 Printed on 3/23/2007 Location and Zoning Map OWNER NAME 4109 Gateway Ct LIe 5205 Heritage LIe, Ayers & Ayers Plaza Ltd Bench, Lilla Bradford Commercial Properties Classic Residential LIe Crawford Partnership Lp Dfw Wnm Ltd G Points Se Ltd, Gateway Interests LIe Grantland Properties Grapevine-Colleyville ISO Greenway Glade Partners Lp Greenway-Heritage Partners Lp Hall, Charlie W Etux Helen F Industrial Bank Japan Tr Co Insight Capital Realty Co Ltd Inwenco USA Ine Kc Propco Holding I LIe Margmatt Ltd McMahan Real Estate LIe Mills, Gary W Partners In Gateway Success Rogers, Billie Charles Roljen LIe Ronald Walker Associates II Scott, Larry P & Laurie A L1c Sekin Family Holdings Ltd Smile Masters Ltd Together In Harvest Ministres John Ko, applicant Notification List OWNER ADDR 1452 Hughes Rd Ste 289 2500 State Hwy 121 #1116 4205 Gateway Dr Ste 100 3810 Glade Rd 3209 Walker PI PO Box 2085 4113 Gateway Dr Ste 100 1825 Wimbledon Dr 101 1St St Ste 476 4001 Gateway Dr Ste 100 PO Box 2085 3501 Ira E Woods Blvd 2808 Fairmount St Ste 100 2808 Fairmount St Ste 100 4200 Glade Rd 250 Parkcenter Blvd 4101 Gateway Dr 4501 Sunbelt Dr # B 650 NE Holladay St Ste 1400 1513 Michael Dr 6105 Tiffany Oaks Ln 305 Augusta Ct 4005 Gateway Dr # 200 3712 Glade Rd 5110 Heritage Ave 4009 Gateway Dr 1915 Yorkshire Ct 3609 Brookwood Blvd 2301 Castle Rock Rd 1005 Glade Rd 3609 Lofty Pines Lane OWNER OWNER CITY STATE Grapevine TX Euless TX Colleyville TX Colleyville TX Grapevine TX Colleyville TX Colleyville TX Arlington TX Los Altos CA Colleyville TX Colleyville TX Grapevine TX Dallas TX Dallas TX Colleyville TX Boise 10 Colleyville TX Addison TX Portland OR Bedford TX Arlington TX Southlake TX Colleyville TX Colleyville TX Colleyville TX Colleyville TX Lincoln NE Bedford TX Arlington TX Colleyville TX Flower Moun TX OWNER ZIP SITUS_ADDR 76051 004109 Gateway Ct 76039 005205 Heritage Ave 76034 000000 Gateway Dr 76034 003810 Glade Rd 76051 005100 State Hwy 121 76034 004004 Gateway Dr 76034 004113 Gateway Ct 76017 005100 State Hwy 121 94022 003930 Glade Rd 76034 004001 Gateway Dr 76034 004008 Gateway Dr 76051 005401 Heritage Ave 75201 003920 Glade Rd 75201 005010 Heritage Ave 76034 002100 Glade Rd 83726 004000 Glade Rd 76034 004101 Gateway Ct 75001 005000 State Hwy 121 97232 005101 Heritage Ave 76022 004105 Gateway Ct 76016 005120 State Hwy 121 76092 004201 Gateway Dr 76034 004005 Gateway Dr 76034 003712 Glade Rd 76034 005110 Heritage Ave 76034 004009 Gateway Dr 68506 003830 Glade Rd 76021 004215 Gateway Dr 76006 004013 Gateway Dr 76034 004209 Gateway Dr 75028 02/19/2007 16:50 9722437313 KWON H-/ CPA PAGE B4/84 STATEMENT OF PLANNING OBJECTIVES Date: Pebruary 19.2007 Location: 3930 Glade Rd.. Suite 126 Applicant: K wang B. Ko 3609 Lofty Pines Ln. Flower Mound TX 75028 D.B.A.: Sushi Nikko Special Use Penn it for the above mentioned location to serve alcoholic beverages is !lought. The location ill plllnned to be a Japanese restaurant :,erving various types of Japanese foods such as sushi. 58shimi and roll. The restaurant will also provide selected types of steakli and cooked seafood in order to meet various customers' need. Alcoholic beverage $uch as beer. wine and sake is well harmonized with the proposed foods in the restaurant. I plan to develop the restaurant as one of the most renowned places in the city. fresh foods and quality ~rvlce will be major pillars for the plan. ~ 'i II~ '.'!: ; :~! :~i';U :,: t I '._ 1: '_ ~ .. -z. ! ~ ~NX.'TU_" ~ /'5'. .;~"ii \ASH 1 ."f\\, ~m . Su i"tetZ6 . _. .1; &~~&~ t ;C - #! D oL g ~ . t~ c.;Jdl . 1 iI. M- S ' I o ~ ~ i: ~ Ai ~ ~ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE TO FAX FROM March 5, 2007 John Ko N/A Chris Fuller, Development Director SUBJECT Z-07-01O SUP for alcohol sales The Colleyville Development Review Committee (DRe) 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. Will alcoholic beverages be served and/or consumed outdoors? 2. What are the proposed restaurant hours of operation? 3. What are the proposed hours of alcoholic beverage service? 4. What types of secondary or ancillary activities will be provided in the establishment? (pool tables, darts, dancing, live bands) 5. If applicable, provide a documentation of the food to alcohol ratio sales at the other locations for the past two (2) years. 6. Is the suite equipped with a fire sprinkler system, fire alarm and Knox box? An establishment that sells alcohol and is located within a structure exceeding 5,000 square feet must be equipped with a fire sprinkler system, fire alarm and Knox box. 7. 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; 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 staffing level at this proposed location; 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07 -003 SUP FOR ALCOHOL SALES e. What classification ofTABC license is proposed for this location? 8. 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, March 26,2007, 7:00 p.m. Tuesday, April 17 and May 1,2007, 7:30 p.m. RESUBMITTAL REQUIREMENTS The above requested items must be submitted no later than noon on Tuesday, March 20,2007, in order to make the scheduled hearings. Please contact me at fullerc(ci)ci.colIevville.tx.us or 817.503.1052 if you have any questions PAGE 2 OF 2 Response to the Development Review Committee 1. No alcoholic beverages will be consumed or served outdoors. 2. Proposed hours of operation are Mon - Fri 11 am to 2 pm and 5 pm to 9:30 pm. Sat - Snn from 5pm to 9:30 pm 3. Proposed hours of alcoholic service will the same as the hours of business. 4. There will be no secondary or ancillary activities in our establishment. 5. N/A 6. The suite is equipped with a fire system. 7. a. See aUacbed b. The interior is a traditional but modern design of a Japanese restaurant to aUract all customers. There will be 13 dining tables and a sushi bar. c. The kitchen equipment include a 10 ft. ventilation hoodt grease traPt fryert broilert griddle and a wok. There is a walk in cooler and a freezer along with a 3 door refrigerator. d. There will be about 15 employeest positions including wait stafft hostess, sushi I:heft kitl:hen I:OO~ bus persont dishwasher and a manager. e. Our establishment will be serving only Beer and Wine. 8. a. An estimate is Dot available due to not knowing wbat type of business will brought to our establishment. But our average sales per month should be around 45tOOO adding up to 540000 annually. RECEIVED MAR 1 6 2007 Per ............. 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 A PORTION OF LOT 4, BLOCK 1, GLADE POINTS ADDITION, LOCATED AT 3930 GLADE ROAD, SUITE #126, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION IN A RESTAURANT SETTING; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL TV 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-07-010; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, 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 Ordinance 0-07 -xxxx Page 2 of 3 property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. 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 a portion of Lot 4, Block 1 Glade Points Addition, located at 3930 Glade Road, Suite 126, by authorizing a Special Use Permit for the sale of alcoholic beverages for on-premise consumption in a restaurant setting, as depicted on the attached Zoning Map, labeled as Exhibit "A" and the Location Map, labeled as Exhibit "B". 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. Ordinance 0-07 -xxxx Page 3 of 3 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 D NORTH Exhibit "8" - Location Map .. t ~+~ ;c - ! #! $..'TUN.'f ~ '5u::.~' / ~'\(~ St.li1;e 126 C~~I.~ D oL ~ ~ di 11 ~:A 11 1& I ~ ~ ~ s ~ . Ai .