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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-4/28/2008City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com ~:J. j=~~, ~q T _~~ , lt'X`,4- Meeting Agenda Monday, April 28, 2008 6:15 PM City Council Chambers Planning and Zoning Commission _ Cit of Colle ~/~~~e 100 Main Street ~'~2~i y Colleyville, Texas 76034 -~~ (817) 503-1000 Meeting Agenda vvww.colleyville.com ~r.:,~ Planning and Zoning Commission Monday, April 28, 2008 6:15 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 DISCUSSION OF PREVIOUS MEETING MINUTES REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER 2. ROLL CALL Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Denis Duffy, Jeff Byerly 3. INVOCATION Commissioner Knox 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES April 14, 2008 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a Preliminary Plat of 6.4 acres on Tract 3B of Abstract 1543 in the George W. Teeter Survey for Carmel Place Estates Addition located at 1301 Glade Road, Case P-08-015 City of Colleyville Page 1 Printed on 4/25/2008 Planning and Zoning Commission Meeting Agenda April 28, 2008 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a replat of Lot 1, Block 1 of the Redding Addition located at 710 Glade Road, Case P-08-013 8b Approval of a replat of Lot 1 R1, Block 1 of the Starbucks Addition located at 5520 Colleyville Boulevard, Case P-08-014 8c Request for a replat for Lots 1 R-A and 1 R-B, Block 1 of the K.R. Marsh Addition on 5.7 acres being Lot 1, Block 1 of the K.R. Marsh Addition located at 2201 Oak Knoll Court, Case P-08-016 8d Approval for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107A, Case Z-08-013 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 10. COMMISSIONERS' COMMENTS AND REPORTS 11. ApJOURNMENT I hereb ertify the at~ve agenda was posted on the bulletin boards at City Hall on Friday, April 25, 2008 by 12:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 4/25/2008 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com xs~~ car ~_~ ~ T ~l ~~ r~~;:;-; Minutes -Draft Monday, April 14, 2008 6:15 PM City Council Chambers Planning and Zoning Commission City of Colleyville ~~ ~~ Minutes -Draft ~~~..,_ _ Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 vwvw. col leyvil le. com Monday, April 14, 2008 6:15 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 DISCUSSION OF PREVIOUS MEETING MINUTES 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 April 14, 2008 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps and Jeff Byerly Absent: Commissioner Duffy Staff Present: Ron Ruthven, Justin Bass, Robert McKeown, Jeremy Hutt, Amy Shelley and Chris Fuller 3. INVOCATION The invocation was given by Commissioner Dudziak. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Byerly moved to approve the March 24, 2008 meeting minutes with spelling corrections on pages 3 and 4. Commissioner Dudziak seconded. City of Colleyville Page 7 Printed on 4/15/2008 Planning and Zoning Commission Minutes -Draft April 14, 2008 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Duffy 6. 7. 7a CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS Approval of a minor pla# on 1.5 acres on Tract 2F02, Abstract 1692 of the Joseph White Survey located at 6101 Hunter Lane, Case P-08-012 Commissioner Byerly recused himself from this agenda item. Commissioner Phelps chaired the meeting for this item. Justin Bass presented the case and briefed the Commissioners. Jerry and Janet Moore, 700 Shelton Lane, the applicants, came forward to present the request and brief the Commissioners. Commissioner Redfearn moved to approve case P-08-012. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Clardy, Phelps Absent: 1 -Duffy Excused: 1 -Byerly 8. 8a PUBLIC HEARING AGENDA ITEMS Approval of a replat of Lot 20R, Block 1 of the Warwick Parc Addition located at 1001 Pauls Path, Case P-08-011 Commissioner Byerly returned to the meeting. Justin Bass presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:09 p.m. John Fegan, the applicant, came forward to present the request and brief the Commissioners. Commissioner Phelps questioned Mr. Fegan if both lots fully conform to the existing zoning district with no exceptions or waivers? Mr. Fegan concurred. City of Colleyville Page 2 Printed on 4/15/2008 Planning and Zoning Commission Minutes -Draft April 14, 2008 There being no one wishing to speak, the public hearing was closed at 7:12 p.m. Commissioner Knox moved to approve case P-08-011. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Duffy 8b Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Village at Colleyville Addition, Case Z-08-014 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:13 p.m. Jimmy Archie, the applicant, came forward to present the case and brief the Commissioners. He stated they want to maintain the tree line median with angled parking. Commissioner Phelps questioned Mr. Archie regarding if he has a presentation that would show the alternate 14 foot width with a 3 1/2 foot median with a less than 45 degree angled parking? Mr. Archie replied with the 45 degree angled parking they have a 12 foot width with a 3 1/2 foot median. Commissioner Phelps questioned Mr. Archie regarding if there is a certain degree of angled parking that they desire that would allow for the 14 foot width clearance? Mr. Archie stated with a 37 1/2 degree angle, it would allow fora 6 1/2 foot median with a 12 foot drive lane. He stated they would probably have a 35 or 26 degree angle to accomodate the 14 foot drive lane. Commissioner Dudziak questioned Mr. Archie regarding if the median has been considered to be removed? Mr. Archie replied no, they would like for the tree line median to remain for the development. Commissioner Dudziak questioned Mr. Archie if they would consider to remove the median. Mr. Archie replied no, they desire to have a median. Commissioner Byerly questioned Mr. Archie regarding if the Fire Marshal has been advised of the new plans? Mr. Archie replied the new plan would not really change the way the drive lane is currently. He stated he thought they could accomodate the Fire Marshal's request. City of Colleyville Page 3 Prinfed on 4/15/2005 Planning and Zoning Commission Minutes -Draft April 14, 2008 Commissioner Redfearn questioned Mr. Archie regarding the rational driving the request for the change and the rational driving the request to retain the tree line median? Mr. Archie replied the rational to the request is to add more parking spaces in front of the shops. He stated patrons prefer to pull in and out of an angled parking space rather than to parrallel park. He stated the tree line boulevard is more pedestrian friendly that will provide shade and is more aesthetically pleasing. Commissioner Byerly questioned Mr. Archie regarding if the median will be large enough to accomodate the growth of the trees? Mr. Archie replied they have trees along the sidewalks as well as in the middle to create the canopy of shade for the pedestrians. Commissioner Phelps stated there will be issues with angled parking having blind spots for leaving the parking spaces. He stated this main entrance is very busy. He questioned Mr. Archie if the angled parking has been considered for another street in the village development? Mr. Archie replied they do not anticipate it being a safety concern or issue. Commissioner Dudziak questioned Mr. Archie regarding if some of the walking space on the sidewalks would be lost due to the angled parking? Mr. Archie replied no so, there will be a curb stop that will keep the cars from parking too close to the sidewalk. There being no one wishing to speak, the public hearing was closed at 7:25 p.m. Fire Marshal Rob McKeown replied only being able to comment on what was presented for review, not what was presented by Mr. Archie during tonight's meeting. He stated not being comfortable with anything less than what is currently in place. He presented pictures to the Commission regarding what is currently in place to show the distances between the cars and the work space that is available. Commissioner Phelps questioned Marshal McKeown regarding if there is a significant difference between the angled parking versus the parrallel parking? Marshal McKeown replied it would be easier to work with as far as width. He stated he does have issues with the blind spot when backing a vehicle from and angled parking space. He stated he would like to have a chance to look at this more. Commissioner Dudziak stated to Marshal McKeown with 14 feet, there is not a lot of extra room to work for an actual fire. Marshal McKeown concurred. Commissioner Dudziak stated even a 15 or 16 foot width would be tight. He questioned Marshal McKeown if he would be comfortable with the 14 foot that is currently in place? Marshal McKeown replied not being comfortable with what is currently in place, City of Colleyville Page 4 Printed on 4/15/2008 Planning and Zoning Commission Minutes -Draft April 14, 2008 however, what is currently in place was approved a long time ago. He stated he is not comfortable with anything less than 31 feet curb back to curb back, however, this is what was approved. Commissioner Dudziak moved to deny case Z-08-014. Commissioner Phelps seconded. Commissioner Byerly stated not agreeing with the denial. He stated staff could work with the applicant with regards to the Fire Marshal's comments. Commissioner Redfearn concurred with Commissioner Byerly. He stated being open to giving a little more time to the applicant with a proposal on the table with a smaller median with wider access. He stated the applicant can bring this back with modifications. Commissioner Phelps stated the modified language does not give the Fire Marshal due diligence to revisit the request. He stated not being in favor of changing the language on the fly. Commissioner Byerly disagreed. He stated being in favor of taking out the language of the medians to accomodate the Fire Marshal with angled parking permissable with a 14 foot drive lane with the Fire Marshal's approval. He stated this would give the Fire Marshal the ability to approve or deny the plan. Commissioner Dudziak disagreed. He stated the motion for denial is based on the fact that this is being done on somewhat of the fly and that the Fire Marshal has to be given ample time with more well thought that will give him more time. He stated this should not be given up to staff. Commissioner Byerly stated he is giving the Fire Marshal more time to be given amore specific plan later within the guidlines of the ordinance given tonight. Commissioner Dudziak stated they should work that all out and be presented to the Commission in a single ordinance so that everything can be clearly outlined. The motion to deny carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Clardy, Phelps Nay: 1 -Byerly Absent: 1 -Duffy 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None City of Colleyville Page 5 Printetl on ai~5iwvr~ Planning and Zoning Commission Minutes -Draft April 14, 2008 10. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Dudziak thanked Chris Fuller for his work and time with Colleyville. Commissioner Byerly concurred. 11. ADJOURNMENT The meeting adjourned at 7:45 p.m. 1 hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, April 10, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 6 Printed on 4/15/2008 ~. `'_~_~ 100 Main Street ~f~ City of Colleyville Coll (817) 03X1000 034 ,t,,~ Agenda Briefing www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Case Agenda Date: 04/28/2008 Agenda No.: 7a Status: Commision Action Items Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a Preliminary Plat of 6.4 acres on Tract 36 of Abstract 1543 in the George W. Teeter Survey for Carmel Place Estates Addition located at 1301 Glade Road, Case P-08-015 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 04/28/2008 Planning and Zoning Commission Title Approval of a Preliminary Plat of 6.4 acres on Tract 3B of Abstract 1543 in the George W. Teeter Survey for Carmel Place Estates Addition located at 1301 Glade Road, Case P-08-015 Explanation Rafael Palmeiro is the developer of 6.4 acres located on the south side of Glade Road, south of Riverwalk Drive. The developer has submitted a preliminary plat, which will subdivide the property into nine residential lots and two open space lots, for the construction of single family residential detached dwelling units. The following is an analysis of the issues associated with this preliminary plat. Zoning. The property is currently zoned PUDR-Planned Unit Development Residential zoning district. A rezoning request for PUDR was approved on March 4, 2008 with Ordinance 0-08-1659. The zoning requirements stated in Ordinance 0-08-1659 include single family detached residential as the primary use with a maximum density of 1.4 dwelling units per acre. The minimum lot size is 20,000 square feet. The minimum lot width is 100 feet, except for cul-de-sac lots which shall be a minimum 83 feet. Open Space. The PUDR ordinance for the property requires a minimum of 15 percent of the total development as open space. The open space areas include two ponds. All of the City of Colleyville Page 1 Printed on 4/Z5/zuuts Agenda 8riefin_g Continued open spaces will be landscaped and maintained by the Homeowner's Association (HOA). Access. The development will have access from Glade Road to the newly created street, Carmel Place. The new street serving this development will contain a minimum of 40 feet of right-of-way width and a minimum of 31 feet of pavement width, measured from curb-back to curb-back. All homes constructed in the development will be installed with a fire suppression sprinkler system approved by the Fire Marshal. Sidewalks and Trails. The Land Development Code requires sidewalks on all public streets. A minimum five-foot wide sidewalk and utility easement will be located along both sides of the new street serving the development and installed when any new structures are built on the property. A minimum five-foot wide sidewalk is required along Glade Road. Drainage. The developer has submitted a drainage analysis of the site, which has been reviewed and accepted by the City of Colleyville Engineering Department. According to the drainage analysis, the development will provide on-site retention. Parkland Dedication Fees. Parkland dedication fees are required in the amount of $1,802.00 per residential lot for the nine lots where new homes are proposed. Parkland dedication fees are due at the time of final plat. The fee must be paid before the plat is recorded with the County Clerk's office. Perimeter Street Improvement Requirements. Perimeter street improvement fees are due at the time of approval of the final plat for Glade Road. Perimeter street improvements are required since Glade Road is considered an unimproved street. Signage. A sign identifying the development will be built at the southwest corner of the entry to the subdivision as shown in the PUDR ordinance. The sign must meet the requirements of the Land Development Code and shall not be located within any street right-.of-way. Screening. All lots backing to open space areas shall contain fencing that consists of decorative metal and/or masonry. A six (6) foot wrought-iron fence will be constructed along the entire western property line of the development. A masonry, or stone, retaining wall will be constructed, and, where applicable, replace any existing retaining wall structure or material along the creek prior to the acceptance of final public improvements by the Engineering department. The wall must be approved by, and meet the specifications of, the Engineering department. Landscaping and Tree Preservation. Landscaping and tree preservation along Glade Road will conform to the specifications and depictions as shown in the PUDR ordinance which includes planting a minimum of eight trees with a minimum width of three caliper inches and preserving a minimum of five existing trees. A minimum of two (2) three-inch caliper trees will be planted within the front yard of each lot by the homebuilder upon construction of a new home. Trees not located within the right-of-way, easements or within the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the drip line of all developer identified preserved City of Colleyville Page 2 Printed on 4/z5izuvu Agenda Briefin_g Continued trees located outside the right-of-way. A preliminary tree survey has been submitted with the preliminary plat; however, approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the Engineering Department. Within 60 days of the certificate of occupancy being issued, all lots must be fully irrigated. Summary. The proposed development satisfies the requirements of the PUDR ordinance for the property and the Land Development Code. Since the plat contains more than four lots, the preliminary plat requires additional approval by City Council. Recommendation Approval City of Colleyville Page 3 Printed on ai~~izuvts Location and Zoning Map i:; 110 11 1 11 1 , 1 12 ° ~' 1312 10 ~ ~~ ~ _. ~r~ ~~~--F,` R-~0 141 11.6. 1120 F'~~~C~F; X04 1,00 1117 1209 1317 490~~ 1201 120 ~-gip AG 1213 SITE 1305 1112 3 1116 4UU8 1315 1209 1Q9 1113 1117 4712 1112 1200 120 ~ 108. ~ 1313 4Ti 2 _ , ~~s. ~- 1303 - 1201 09_ 1113 1117 R-~0 4708 R-4Q 12 1116 1200 1204 1208 1212. 1216 13Q0 1304 1308 1312 AG rn 4 E;12 z CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE Apri19, 2008 TO Tom Hoover FAX NO 817.571.7564 FROM Ron Ruthven, Development Coordinator SUBJECT P-08-015 Carmel Place Estates Preliminary 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. Indicate a proposed street name for the new street on the plat. 2. The proposed five foot sidewalk and utility is required to be located along the entire length of the new street frontage. This will need to be shown correctly on the final plat. 3. Remove the "waiver request" language from the plat. No waivers are required given the plat's compliance with Ordinance 0-08-1659. 4. Note (1) on the plat must be removed prior to the submittal of the final plat. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat for Glade Road. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the 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 assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per newly created lot. Any assessments for this property are contingent upon future lot configurations and whether or not any existing single family homes exist on the property at the time of platting. 100 Main Street, Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-08-015 CARMEL PLACE ESTATES PRELIMINARY PLAT SIDEWALKS. The Colleyville Pathways Plan requires a sidewalk to be constructed along Glade Road. The sidewalk along Glade Road must be at least five (5) feet wide and built prior to the acceptance of public improvements for the development. Four (4) foot sidewalks will be required along the new internal street associated with the proposed development. All sidewalks on the proposed new street are required to be constructed when new structures are built on the property except for the proposed Lot 10X, where the sidewalk shall be constructed prior to the acceptance of public improvements for the development. TREE SURVEY. As required by Chapter 5 of the Land Development Code, approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the Engineering Department. The survey and mitigation plan shall be drawn and submitted according to the requirements of Chapter 5 of the Land Development Code. TREE PRESERVATION. Trees not located within the right-of--way or within under the pad site must be preserved during construction. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building pernut 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. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. ROADWAY $2,187 for a SINGLE FANIILY DETACHED HOUSING unit. WATER $2,491 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $643 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, Apri128, 2008, 7:00 p.m. City Council: Tuesday, May 20, 2008, 7:30 p.m. RESUBMITTAL REQUIREMENTS 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 (8.5x11) of the exhibit; The above requested items must be submitted no later than Friday, April 18, 2008. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-503-1052 or ruthvenr(a~ci.colleyville.tx.us if you have any questions. C: DEVELOPMENT REVIEW COMMITTEE PAGE 2 OF 2 Applicant's Response THOMAS HOOVER ENGINEERING, LLC Aptd 21, 2Q08 Stephen Tome Clearwater ~~nt 203 East trortltwest Highway Grapevine, TX 7®051 Rs: P-08~~13 Garmal Platte Estates Preliminary Plat gear IIAr. Tome: we nave completed the rovlew of me coa'ey~llb ~oprner+t Re,-isw Cocrwnittsa (DRC) comrnerns regarding the preliminary plat submitted for theN' review and oornment. The tollawing comma~ts sddr~ess their iss-jes- 1. Indicate a proposed street name tar the clew svsQt on the plat. Response: IIVi gadded C~rrnel talace to the prr~iminarY plat. 2. The proposed five foot sidewalk and utility is required to tae located alor~ file entire length of the new street frontage. This wiu need to be shown corr~edly on ~ final plat t~pottse: W8 have mod~ed the pr+elieninary plat to stow the 5' sidewalk and ut~ity easement to be bcated abng the entire kxtgth of the street. 3. Remove the "waiver nlrquesY language from the plat. Na waivers aro roquired giw~n the plat's compliance with Ordinance 4-08-1659. ~11e 4. Note (1) on tfte plat mtn~t he removed prior to the subrnit4al of the fatal plat. Rssporsze: We complied. S. Ttu city has a parimotsr atroQt imprevarwrtt ire. taertmeter street improvement fees are due ~ the timQ of approval of the plat for Glade Road. The developer's portion of the costs tar inrtraslrudure improvarr~s Wray nct e~ooeed the amount that is roughly proportionate to the projected impact of the proposed devebpmerrt, as determined by a onat engineer, licensed M the State of ~ 3s' w. t3i,rd.• suns ae, Evto~, nc 76040 RECEIVED 817-571-7574 ph. $17571 7564 fan /~~PR ~ l?0(38 - ~ Per ............ b0/Z0 3JVd 2RrJN3 2L~110011 SdM~-ll b995LIL9Li8 Lb~TI 800E/TZ/b0 Texas, and who ~ returned by the of Cdleyv111e. in making then rough proportionaldyy detennination~ sha11 be given to the avasability of adequate Qr+d minimunn levels of c Eac~ities and aex~ssit>il~t to the she for' the delivery of emergerxy servioes_ 6. The city has a parkland dediceition fef. Parkland dedicatlon tees are eassessed at the tir»e of approval of the subdivisi plat. The te~o for rosklential development is ~1,ti02 per newly rx+eatied lot. Any Ls larttus property are oor>tin~nt upon, luaus lot oonflg ~ and whether a not any existing sinole tamliy homes exist on the property at the time of platting. 7. The city wiA require a sidewalk to be akmg Glade Road. The CoUeyvilie Pathways Pgan requires a to be oorwtnided along C3tade Road. The sidewalk sting C~tade Road must qe at lost rive (v7 ~ wide and built prior to the aaoeptancx el pubilc irnprnvementa for the developmenrt. All sldewaYcs on ttie Pry new street ace requie++od to bet constructed when new structures are bunk on the property except for the proposed lot 10X, where the sidewalk shall ts+ ~onstruded poor to ttte accepdar>ce of public improvemerds for the developm~k 8. A tree survey has been sutxnitxed with the preliminary plat; however, as regtiir+ed by Chapter 5 of the land Dev~eloprnent Code, approval of a tree survey and mitigation plan shall he required prior to the issuance of a Notice to Proceed letter from the Engineering Deparbrrtsnt. The survey and mitigation plan ehaN be drawn and submitted according to the requirements of Chapter 5 of the land Dev~etnprnent Code. 9. The tree presen+atian plan can be incorporated irrto the tree survey mentioned above. Trees rat looted wrtlun the right~f~ray a whin under the pad site must be preserved durir~ lion. 10. The dht has knpact tees for roads, water, and sewer. Water. sewer, and roadway innpact foes are due a! the time of buidirtg permit is issued for a r>ertr aquc~uae on the property- The fees >rstied beb+r ar+e int~ded to provide ~nerai intimation on the fees that could trs esacased. The actual the paid may be different depend~g upon the spedfic use at the property. Rroposec- utility ~. ~ ~ in an existing City-pevebper gAnaement i7etaits are c~tained in Chapter 13 of the Land t)evetopment erode. KO/10WAY i~2.1 t37 i0r a FBrrMltf Oe~rdeed Hou~ng unit. WATER 52.491 for a Y. rode meter. Adua) fee depends on wader meter size and/or if a new meter is installed. SI~ArER SG43 for a'Y• inch mater. Actual fee depends en water meter size and/or if a user meter is instilled. b8/E0 3~d 2DN3 2l31100Fi StlNl4tl d999LIL9Lt8 Lb=tt 808Z/tL/b0 ff you have any questlor~ or regains additional information, phase feel tree to OorlCEid this o(fiae_ Sinoerehr; 7lwmas HooMer Enq'~eerin8, LLC Thomas t.. Hoover Copy: ROt'1 Ruthven b0Jb0 3Jtid ifJN3 2131100f~ StiW~tl b99SLIL9Li8 Lb~ii 8002/IZ/b0 -o "s .z (~ ,~ ~ <.:-. ~ f~~ i~ ~ 5i~ ~~~ ~~ i~ f ~~f :f ~ frf ;If t~ t~ ~~ i~~ f~ F tii Igo ~~ ~~ '4t 4 ki R~ ~ Fri <i! ~e o; 1< < : ~r~ Et, t~ g ~~p ~ ~ ~~g `r~tr ~i i ~[ ~ ' iii ~~E ~ ' i ~ Esc i F~t P~[ E ~; ~ ~ ~~; ~1P ~ ~ : 5 ~~t ~f' r ~~ s ~~ ~ f <<t •~~ ~r E [ ~rt ~~~ ~ { 1= rr r~ ! ~[t ~5~ 3~3 ~ F t ~ i~ ~ i ~~~ ~~f ~ :[t~~•~~':r Y ~-~ ~ ~~ 3 ~v f!t a ~ ~~ ~~ ~~a a ~~~ ~~ ,~ ~: ~i Plat txhibtt Ix x ~7G ~I~ ~ ~/ / {1 $ CrFb ~ I ~ ~ , 7¢ ..~ o ~ /nH ,~G'ZO'tD_1/ L 0' / ~ _ ' ~~ o - - - ~ uo. .4 ~ - r - i7o.~o' a ~--~ ~ __ ~ ~ 1 a ~~€ c~ ~~ v ~~ .a ~~ I -------I ~~ + a y ~~ ~~ r, II p~ ~~~ ~~ x § ~ ~ RIB ,~,~ r ~ ~ ~o Ib dm ^EE ~~ 1 O! ~ ~ q 147.00' IIII OEYIM ~ C) ( ~ I _' xi ~~ o ~~' ~~ gf 0 ., ~~~ ~~ i ~ ~t T• n NNN _ ~ ~~~~~ oa~y~~ ~ K ~~Glti y y ~~~a a ~ -3~ ~ r .~ t r ~r ~~~~r -e~~ ~ ~ a ~°K- ~ i ,~ i s I _-_____- t~~---~ 7~ ~~D~ I o~ ~ 7 E :~F~ ~j ~ :g~~ --~ F~ - I ; ~~i ~i~ I .'~ ~~~~. --- ~;i~El I ~ 7~ :~~~~ n=Q~~ o ~ ~~ ~ I a sN .r ~ I o -- ~.~~„ 'fi7 ~-1^' `~-, City of Colleyville 100 Main Street ~~ ;~~ Colleyville, Texas 76034 ' (817) 503-1000 '~`~~~° Agenda Briefing www•colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 04/28/2008 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a replat of Lot 1, Block 1 of the Redding Addition located at 710 Glade Road, Case P-08-013 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 04/28/2008 Planning and Zoning Commission Title Approval of a replat of Lot 1, Block 1 of the Redding Addition located at 710 Glade Road, Case P-08-013 Explanation Joan Vandergriff is the developer of a 1.9-acre tract of land located at 710 Glade Road. The developer has submitted a request for approval of a replat which will consist of three commercial lots. Zoning. The property is zoned CC1-Village Retail. The CC1 zoning district requires a minimum lot width of 150 feet, a minimum lot depth of 120 feet and a minimum lot size of 15,000 square feet. Waiver Request. The applicant is requesting a waiver to the lot width requirements of the CC1-Village Retail zoning district for Lots 1 R2 and 1 R3. The minimum lot width required by the CC1-Village Retail zoning district is 150 feet. Lot 1R2 is proposed to be 128.6 feet wide and Lot 1 R3 is proposed to be 119.4 feet wide. Existing Conditions. There is an existing commercial building located on Lot 1 R2 that will remain. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat for newly platted lots. The fee for non-residential uses is $800 per acre. The fee City of Colleyville Page 1 Printed on 4/25/2008 Agenda Brieirn_q Continued must be paid before the plat is recorded with the County Clerk's Office. Sidewalks and Trails. The Land Development Code and Colleyville Pathways Plan requires a trail along Glade Road and a sidewalk along Old Glade Road. The Glade Road trail must be constructed of concrete and be a minimum of ten (10) feet in width and the Old Glade Road sidewalk must be a minimum of five (5) feet in width. Both are required to be installed when any new structures are built on the property. Perimeter Street Improvement Requirements. Perimeter street improvement fees will be due for the property adjacent to Old Glade Road since it is considered an unimproved street. Tree Preservation. Trees not located within the building footprint must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of the building footprint. Summary. The owner's surveyor has addressed all Development Review Committee comments. However, the proposed development does not meet the minimum requirements of the Land Development Code with regard to lot width for Lots 1 R2 and 1 R3. This plat only requires approval by the Planning and Zoning Commission. Recommendation Denial due to technical non-compliance of the Land Development Code City of Colleyville Page 2 Printed on 4/25/2008 Location and Zoning Map CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT ~ZEVIEW COMMITTEE DATE April 8, 2008 TO JOAN VANDERGRIFF FAX 817.428.4327 FROM Justin Bass, Planner SUBJECT P-08-013 Replat -Lot 1, Block 1, Redding Addition 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. Rename Village Park Drive to Glade Road. 2. Increase the Glade Road right-of--way to 95 feet as required by the city's Master Thoroughfare Plan. Also include the location of the centerline and distance from the centerline to the property boundary. 3. Will the current structures remain on the property? If so, provide a schematic indicating their location and their distances to the closest building setback lines. 4. Continue the 24 foot mutual access easement along Glade Road to the western boundary of Lot 1 R2. 5. Remove the City Council certification block. Approval of a replat is only required by the Planning and Zoning Commission. 6. The CC 1 zoning district requires lots with at least 150 feet of width at the building line. Lots 1 R2 and 1 R3 only provide approximately 125 feet. A waiver must be considered and granted with this plat by the Planning and Zoning Commission before issuance of a building permit. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees will be due for the property adjacent to Old Glade Road since it is considered an unimproved street. 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 100 Main Street -Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-0S-013 REPEAT OF BEDDING ADDITION 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 aCity-Developer Agreement. ROADWAY Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. WATER Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. SEWER Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. TREE SURVEY AND MITIGATION. Approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the engineering department. Chapter 5 of the Land Development Code specifies requirements for the tree survey and mitigation plan. 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 drip line 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. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the final plat. The fee for non-residential uses is $800 per acre. The fee must be paid before a building permit will be issued. SIDEWALKSri'RAILS. The Land Development Code and Colleyville Pathways Plan require sidewalks along both Glade Road and Old Glade Road. The Glade Road sidewalk must be a minimum of ten (10) feet and the Old Glade Road sidewalk must be a minimum of five (5) feet. Both should be installed when any new structures are built on the property. The existing sidewalk along Glade Road must be improved to meet the current city requirements. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, Apri128, 2008, 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; ^ i 0 full size copies of the revised exhibit; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Friday, April 18, 2008, in order to make the scheduled hearings. Please contact me at bassj(a~ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 Applicant's Response Moak Surveyors, Inc. LICENSED STATE AND REGISTERED PROFESSIONAL LAND SURVEYORS David W. Myers, L.S.L.S., R.P.L.S. John W. Morgan, R.P.L.S. Jason B. Rawlings, R.P.L.S. Texas • New Mexico • Arizona • Nevada • Topography • Forensic Surveys • Land Title Surveys • Acry Size Boundaries • Construction Layout • Platting/Land Planning City of Colleyville Planning and Zoning Dept. 100 Main Street Colleyville, Texas, 7b034 ATTN: Justin Bass April 15, 2008 RE: Replat Showing Lots 1R1, 1R2, and 1R3, Block 1, Redding Addition, an Addition to the City of Colleyville, Tarrant County, Teaas (P-0&013) Dear Justin; In response to the Developmental Review Committee Comments the following: 1. Rename Village Park Drive to Glade Road. (Done, see plat) 2. Increase the Glade Road right-of--way to 95 feet, show centerline and distance from centerline to property. (Done, see plat) 3. Current structures will remain, distances from property to structures are shown. (Done, see plat) 4. The 24 foot mutual access easement has been extended. (Done, see plat) 5. The City Council approval block has been removed. (Done, see plat) 6. We have 127.8 feet at the building line on Lots 1R2 and 1R3 and have requested a waiver on the 150 foot condition. The lots shown on this plat aze much larger than the required minimum. This project will not work without this waiver. The remaining conditions noted are acceptable to my client. If you have any other questions, please do not hesitate to call. Thank You; . ohn W. Morgan Cc: Ms. Joan Vandergriff RECEIVED Per ...........•- 1105 Cheek Sparger Road • Coileyvitle, Texas 76034-4152 • www.moaksurveyors.com • Metro 817-268-2211 • Fax 817-282-0401 Member Texas Society of Professional Surveyors & American Congress on Surveying and Mapping W ., ~~~ s ~~i 7~ g ~i ~~ ~~ ~~ ~~ ~~ ~g n z D 3 Q I ~~~ ~~ a e~ ~ ~~ ~~~~ _~ ~r ~~ ~~ ~~~ s'~~ ~~ ~~ ~~ '$ ~~ ~~ ~~ e ~~ ~~~ :~ ~v ~~~~ Y ~ ~ ~~~~ n ;~st y ~ n ,~ x ~~~ ~~~ m ~ `~ ~~~ m_ C m v Ea~~ ~ m ~ ~.~~~ ~~~~~ ~ s f `~ ~z> g N II~'~• ~~~~ ~~ ~ i~.~ ~~~o ~o ~ ~ ~ ~ ~~~s ~~ d d i~ y ~ ~~~ 8 ~^ r ~ , ~ ~~ ~~ O I j ~r ~ ~c~gz ~ ~ ~~ ~~ ~; ~~ ~~ ~~ ~~ ~~ ~~ ~~ a ~~ ~~ s s 8 Y ~~ 4~ ~~ ~~ ~~ ~g s ~~ s ;~ P ~: :~ ~~g ~ ~ ~ ~~~ ~ £~ ~ ~g~ ~~~ z~~ ~ ~ ~ ~~ ~ i~ ~~ ~~ ~f~ ~~~ tg : ~~_ ~~~~ ~~ ~~ ~ ~ ~ ~ ~~ $ 3 ~~ ~~ ~ ~~ ~~~ A ~' s ~ ~ € s 8~ ~ :~ ~ ~~ gig` ~ ~ ~ a~ ° ~~ ~~ ~; ~~~ ~ ~~~ It ~~ ~ eat ~ ~~ _ ~~:. ~.a ~ ~ 8a a ~ ~ s ~ ~~ ~ ~~ ~~ ;~ ~~~ ~ ~ ~ ~~ ~~ 3- ~~ s g ~~g ~ $ ~ ~ ; ~~ ~3 ~~ gASF R ~ : ~ ~ ~ g~ $ ~ ~~ ~~~ ~~~~ _~~ ~' ~~ ~~ ~~ ~~ ~ ~ ~ ~ ~ ~ Y~ r~ G ~J S S $ ~.~ I ~ ~~ E ~ d~ s~ I~ s 8 0 j' ~~ C~ Ot ~' Cit of Colle V~~~e 100 Main Street r Y Y Colleyville, Texas 76034 {817) 503-1000 ~`"" Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 04/28/2008 Agenda No.: 8b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a replat of Lot 1 R1, Block 1 of the Starbucks Addition located at 5520 Colleyville Boulevard, Case P-08-014 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 04/28/2008 Planning and Zoning Commission Title Approval of a replat of Lot 1 R1, Block 1 of the Starbucks Addition located at 5520 Colleyville Boulevard, Case P-08-014 Explanation Kevin Patel is the developer of a 1.2-acre tract of land located at 5520 Colleyville Boulevard. The developer has submitted a request for approval of a replat that will consist of one commercial lot. The purpose of this replat is to incorporate an unplatted portion of property and Lot 1 R1 of the Starbucks Addition into a single lot. The proposed plat will be comprised of the new lot and will be called the N3 Development Addition. Zoning. The property is zoned PUDC -Planned Unit Development Commercial and allows for office and retail uses. The lot meets the minimum requirements of the PUDC zoning district and the Land Development Code. Existing Conditions. The property is currently vacant. Church Street Abandonment. Prior to the filing of this plat, the old Church Street right-of-way, which currently runs along the northern portion of the lot, will be required to be abandoned as part of the realignment of Church Street. The applicant is aware of this requirement. City of Colleyville Page 1 Printed on 4/25/2008 Agenda Briefing Continued Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat for the newly platted lot. The fee for non-residential uses is $800 per acre. The fee must be paid before the plat is recorded with the County Clerk's Office. Sidewalks and Trails. The Land Development Code requires sidewalks on Church Street and Hidden Oaks Drive. The sidewalks along Church Street must be a minimum of five (5) feet in width and the sidewalks along Hidden Oaks Drive must be a minimum of four (4) feet in width. Both must be installed when any new structures are built on the property. Perimeter Street Improvement Requirements. Perimeter street improvements are not required on Colleyville Boulevard or for this portion of Church Street being that recently completed construction of this length or right-of-way will be adequate to handle the projected increase in traffic and emergency service needs. Tree Preservation. Trees not located within the building footprint must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of the building footprint. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies all 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 4/25/2008 Location and Zoning Map CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE April 8, 2008 TO KEVIN PATEL FAX 214.341.9060 FROM Justin Bass, Planner SUBJECT P-08-014 Replat -Lot 1R1, Block 1, Starbucks Addition 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. Rename the title block as a Replat, not Final Plat, and revise the description immediately below the title to reflect the same. (e.g. Being a replat of ... ) 2. Include a vicinity map on the plat that shows the general location of the subject property by reference to nearby streets and highways. 3. Make the boundary lines of the subject property heavier to better differentiate them from other features within the drawing. 4. Dash and fade the old lot lines portrayed in the drawing. 5. The building lines along the western portions of the subject lot, adjacent to Church Street and the Hidden Oaks Drive cul-de-sac, should be labeled as 40 feet per Ordinance 0-04-1445. 6. The side building line on the northern portion of the property should be labeled as 25 feet per Ordinance 0-04-1445. 7. Configure the northern 20 foot side building line and 10 foot utility easement to the new boundary line (centerline of Church Street to be abandoned), not the old lot line. 8. Shade the 24 foot access easement to differentiate it from other features in the drawing. 9. Fade the features depicted in Lot 1 R, except for the 15 foot utility easement, as they are not directly related to this replat. In Your Response Letter, Acknowledge the Following Information: 100 Main Street- Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-08-014 REPEAT OF STARBUCKS ADDITION PERIMETER STREET IMPROVEMENTS. There are no perimeter street improvement fees due in regards to this property. 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 aCity-Developer Agreement. ROADWAY Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. WATER Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. SEWER Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. TREE SURVEY AND MITIGATION. Approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the engineering department. Chapter 5 of the Land Development Code specifies requirements for the tree survey and mitigation plan. 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 drip line 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. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the j~nal plat. The fee for non-residential uses is $800 per acre. The fee must be paid before a building permit will be issued. SIDEWALKS/TRAILS. The Land Development Code requires sidewalks on Church Street and Hidden Oaks Drive. The sidewalks along Church Street must be a minimum of five (5) feet in width and the sidewalks along Hidden Oaks Drive must be a minimum of four (4) feet in width. Both must be installed when any new structures are built on the property. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, April 28, 2008, 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; PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE P-08-014 REPEAT OF STARBUCKS ADDITION ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Friday, April 18, 2008, in order to make the scheduled hearings. Please contact me at bassj_nci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 3 OF 3 Applicant's Response LANE'S SOUTHWEST SURVEYING, INC. 2717 Motley Drive, Suite "B" Mesquite, Texas 75150-3861 PH: (972) 681-4442 FAX: (972) 681-4829 TRANSMITTAL April 17, 2008 SENT via Hand Delivery TO: Justin Bass City of Colleyville Community Development Department 100 Main Street Colleyville, Texas 76034 (817) 503-1050 FROM: Heather Evans for Jim Lane RE: Our File No. D3-2430 N3 Development Addition P-08-014 Replat -Lot 1 R1, Block 1, Starbucks Addition MESSAGE: Please find our responses to your comment letter dated April 8, 2008, to follow: 1. The title block has been renamed as a Replat. 2. A vicinity map, showing the general location of the property, has been added. 3. The line types for the boundary of the property have been changed, to appear darker. 4. All old lot lines have been dashed and faded. 5. The building lines along the Western side of the property, along Church Street and Hidden Oaks, have been labeled 40' feet. We have added a note to the lower right hand corner of the drawing that all the building lines are per Ordinance 0-04-1445. 6. The building line along the Northern side of the property has been labeled 25'. We have added a note to the lower right hand corner of the drawing that all the building lines are per Ordinance 0-04-1445. 7. As per our telephone conversation, yesterday (04-16-2008), the 20' building line has been changed to a 25' building line. Also the location of the 10' utility easement has been approved by the City Engineer. 8. The 24' access easement has been cross hatched. 9. The features shown on Lot 1 R, with exception to the 15' utility easement, have been faded. If you should have any questions or need anything further, please do not hesitate to call me. Please reference our file number on all future correspondence. RECEIVED C:\OFFICE\WPWIN\WPDOCS\MEMOSID3-2430.WPD (HE) 1 ~' ~ r7 / i',i1~! .,;~u Per ............. 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S:::.'rtr j~2~•? ._ Ft_"-r i ii ? s:;_3•%_•~ _ •- '• r 'ra -~ ~: ~~ _ e i S i i ~ ii r!e- s; 3 _- t} ~s rys:'-- 4 ::'ia : s:; __ 'ns.:.c i 3~ ir•_s s_ ...s ~ssE t.ci.:i2Fi_~' i j':p 33e i ii5 ii::~i xi~ i:3z' fcT s s sr i~::~t t: i • 3=i 7 N~fi:~i ._ _ .r a ~'i - ''?: ° i-i j.a_ fife: ifi ~:a :__ _ e -¢ Ligi o- - Z •i iisi~s;: ! ' E ;:2 t 3:" ~ s ~- -i.: 'i=: u i i i i •'i i••.. 3t - ::i•t s ~ - - i =t ~i ' ' i' a i~ =ci 2 r - i _ - ~~`-,~ 100 Main Street ~~~=;'~ City ~f Co~~eyvi~~e Colleyville,Texas76034 (817) 503-1000 °~~~ Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Agenda Date: 04/28/2008 Agenda No.: 8c Controlling Body: Planning and Zoning Commission Final Action: File Name: Request for a replat for Lots 1 R-A and 1 R-B, Block 1 of the K.R. Marsh Addition on 5.7 acres being Lot 1, Block 1 of the K.R. Marsh Addition located at 2201 Oak Knoll Court, Case P-08-016 Attachments: Location and Zoning Map Notification List Development Review Committee Memo Applicant's Response Plat. Exhibit _ _ History of Legislative File Version: Date: Acting Body: Action Text: 1 04/28/2008 Planning and Zoning Commission Title Request for a replat for Lots 1 R-A and 1 R-B, Block 1 of the K.R. Marsh Addition on 5.7 acres being Lot 1, Block 1 of the K.R. Marsh Addition located at 2201 Oak Knoll Court, Case P-08-016 Explanation Jenson Gainer is the developer of a 5.8-acre tract of land located at 2201 Oak Knoll Court. The developer has submitted a request for approval of a replat that will create a new lot, Lot 1 R-B, from an existing lot, Lot 1 R-A, thereby leaving a total of two lots in the plat. The new lot meets the minimum requirements of the Land Development Code. A replat for this property was denied by the Planning and Zoning Commission on November 26, 2007. The applicant had requested a waiver from the requirement to label the 100 year flood plain as a drainage easement. The applicant has addressed this requirement for the new lot. Zoning. The properties are zoned R20-Single Family Residential. The properties meet the minimum lot size and width requirements of the R20 zoning district. Existing Conditions. There is an existing house and detached garage located on Lot 1 R-A near the most northern portion of the property along Oak Knoll Court. Little Bear Creek forms the southern boundary of the property. Drainage. A lot grading plan will be necessary at time of building permit for the construction of a new home. The Engineering Department will review and accept lot grading plans City of Colleyville Page 1 Printed on 4/25/2008 Agenda Briefing Continued during the building permit process. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat for the new lot. The fee for residential uses is $1,802 per residential dwelling. The fee must be paid before the plat is recorded with the County Clerk's Office. Sidewalks. The Land Development Code requires sidewalks on Oak Knoll Drive and Oak Knoll Court. The sidewalks must be a minimum of five (5) feet in width on Oak Knoll Drive and four (4) feet in width on Oak Knoll Court. They must be installed when any new structures are built on the property. Perimeter Street Improvement Requirements. Perimeter street improvement fees are due at the time of approval of the plat for Oak Knoll Drive and Oak Knoll Court. Perimeter street improvements are required for the newly created lot since these streets are considered unimproved. The fees must be paid prior to the filing of the plat with the County Clerk's Office. Tree Preservation. Trees not located within the building footprint(s) must be preserved during construction of a new home. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of the building footprint. 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 4/25/2008 Location and Zoning Map ~, i ~~ Site ~ AG R20- \~`,, R40 ~ ~~~;~ ~`, :'~, / P l~ D R ~~.~ Notification List OWNER OWNER OWNER OWNER NAME OWNER ADDR CITY STATE ZIP McNeely, Thomas Wade 2205 Oak Knoll Ct. Colleyville TX 76034 Marsh, Keith R 2201 Oak Knoll Ct. Colleyville TX 76034 Gainer, Jenson applicant P.O. Box 58 Colleyville TX 76034 Notices dated April 17, 2008 According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed zoning change request are listed above. I certify that the parties listed above have been notified of the proposed zoning change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Signature: on this 17th day of April 2008. SITUS ADDR 2205 Oak Knoll Ct. 2201 Oak Knoll Ct. applicant CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE Apri18, 2008 TO JENSON GAINER FAX 817.605.0502 FROM Justin Bass, Planner SUBJECT P-08-016 Replat -Lot 1, Block 1 K.R. Marsh Addition 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. Increase the building line adjacent to Oak Knoll Drive to 30 feet. 2. Lots within an R20 zoning district are only required to have a 30 foot building line along street frontage. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat for Lot 1 R-B. Perimeter street improvements are required for the newly created lot since Oak Knoll Drive 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 of the 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. 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 aCity-Developer Agreement. ROADWAY $2,187 for a SINGLE FAMILY DETACHED HOUSING unit. WATER Fee will vary depending upon meter size. See Chapter 13 of the Land Development Code for more details. 100 Main Street -Colleyville, Texas 76034 - 81 7.503.1 OSO DEVELOPMENT REVIEW COMMITTEE P-08-016 REPEAT OF K. R. MARSH ADDITION SEWER Fee will vary depending upon meter size. See Chapter 13 of the Land Development Code for more details. TREE SURVEY AND MITIGATION. Approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the engineering department. Chapter 5 of the Land Development Code specifies requirements for the tree survey and mitigation plan. TREE PRESERVATION. Trees not located within the right-of--way or within 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 drip line 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. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per residential dwelling. The fee must be paid before a building permit will be issued. SIDEWALKSITRAILS. The Land Development Code requires sidewalks on Oak Knoll Drive and Oak Knoll Court. The sidewalks must be a minimum of five (5) feet in width on Oak Knoll Drive and four (4) feet in width on Oak Knoll Court. They must be installed when any new structures are built on the property. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, April 28, 2008, 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 (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Friday, April 18, 2008, in order to make the scheduled hearings. Please contact me at bassina ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 SPOONER~ ~ ASSOCIATES REGISTERED PROFESStONAI LAND SURVEYORS April 18, 2008 City of Colleyville Development Review Committee 100 Main Street Colleyville, TX 76034 Re: P-08-016 Replat -Lot 1, Block 1 K. R. Marsh Addition Applicant's Response This is a letter in response to the latest City review comments on the above referenced plat submittal dated April 8, 2008. 1) The building line along Oak Knoll Drive was changed to 30 feet instead of 40 feet. 2) This change will allow the proposed subdivision to be in conformance with the existing R20 zoning district. 3) Enclosed is an aerial photo for use as a tree survey. To the best of my knowledge, no trees are planned to be removed in the subdivision. If you have any further questions about this matter, please call me. Thanks Shaun Spooner 7417 Continental Trail N. Richland Hills, TX 76180 Tel 817.281.2355 Fay 817.281.1389 RECEIVED ~'_:r't [ ~ ?U0 ;Per ............. -v : /- /~ ~ ~ /' ~ \, R e / ~ ~ I/vc~° $ / ~ \ ou E. 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The SUP request is for 1101 Cheek Sparger Road, Suite 107A, which is located at the southeast corner of Cheek Sparger Road and Bedford Road. The lease area for the general store will be 1,245 square feet. Off-Premise Consumption. The proposed SUP would authorize the sale of alcoholic beverages for off-premise consumption. Permitted alcoholic beverages include beer and wine. Liquor sales would not be permitted. The request is intended to serve a proposed general store that will sell everyday food and general merchandise as well as beer and wine. The proposed store hours of operation are from 7:00 a.m. to 9:00 p.m. The owner has not specified any differing hours for the sale of alcohol but is willing to follow the guidelines of the city. Status: Commission Public Hearings Controlling Body: Planning and Zoning Commission On-Premise Consumption. On-premise consumption of alcoholic beverages would not be City of Colleyville Page 1 Printed on 4/25/2008 Agenda Briefrng Continued permitted on the property and is prohibited by state law. Distance Requirements from Churches, Schools and Public Hospitals. The Colleyville City Code requires that places that sell alcohol be located at least 300 feet away from churches, public and private schools and public hospitals. The property satisfies this requirement. Master Plan. The Colleyville Plan designates this property for future retail use. The proposed zoning designation would be in compliance with the future land use plan. Surrounding Properties. The surrounding properties are a mixture of commercial and residential uses. The property to the north is zoned PUDR-Planned Unit Development Residential and is developed as a residential subdivision. Properties to the west are zoned R40-Single Family Residential and CC1-Village Retail and consist of single family residences and vacant lots. Properties to the southwest are zoned AG-Agricultural and are vacant and the properties to the immediate south are single family homes located in the City of Bedford. Properties to the east are zoned CN-Neighborhood Commercial and are developed for office uses. Development Trends. The development trends in this area are retail, office and institutional uses. Public Notification. Staff mailed notices to 49 property owners within 500 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received eight (8) letters in opposition to the request. Summary. The proposed SUP would authorize the sale of alcoholic beverages for off-premise consumption but would not permit sales of alcohol for on-premise consumption. The property satisfies the distance requirements from churches, public and private schools, and public hospitals. Recommendation Approval subject to the conditions in the draft ordinance. City of Colleyville Page 2 Printed on 4/25/2008 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Andrews, Mary 4001 Plantation Ct Colleyville TX 76034 4001 Plantation Ct Ringo, Casey K Etvir John L 3906 Elmwood Ct Colleyville TX 76034 3906 Elmwood Ct Huggins, Samuel E 4000 Plantation Ct Colleyville TX 76034 4000 Plantation Ct Franz, Joseph E 3905 Elmwood Ct Colleyville TX 76034 3905 Elmwood Ct Miller, Ray Etux Patricia 3904 Elmwood Ct Colleyville TX 76034 3904 Elmwood Ct Oldham, Kevin R 3902 Elmwood Ct Colleyville TX 76034 3902 Elmwood Ct Daisy Hill Academy Ltd 919 Cheek Sparger Rd Colleyville TX 76034 919 Cheek Sparger Hurst Jaws I Ltd Etal 9130 Jollyville Rd Ste 175 Austin TX 78759 1001 Cheek Sparger Rd Torres, Nolberto Etux Josephin 3904 Copperwood Ct Colleyville TX 76034 3904 Copperwood Ct Hurst Jaws I Ltd Etal 9130 Jollyville Rd Ste 175 Austin TX 78759 1005 Cheek Sparger Rd McDowell, Chs A Jr Etux Sherry 3902 Coppervvood Ct Colleyville TX 76034 3902 Copperwood Ct Hurst Jaws I Ltd Etal 9130 Jollyville Rd Ste 175 Austin TX 78759 1101 Cheek Sparger Rd Landry, Lioyd M Jr Etux Sandra 3900 Coppenvood Ct Colleyville TX 76034 3900 Coppervvood Ct Covenant Christian Academy 4800 Bill Simmons Rd Colleyville TX 76034 3906 Bedford Ct. Myers, David W & Mary A Rev Tr 7017 Oak Hills Ct North Richland Hills TX 76180 1105 Cheek Sparger Rd Myers, David W & Mary A Rev Tr 7017 Oak Hills Ct North Richland Hills TX 76180 1109 Cheek Sparger Rd Wolfe, Kevin 8 Larry Chatham 4800 Bill Simmons Rd Colleyville TX 76034 3900 Bedford Ct. Werst, Harry A 3808 Wayne Dr Colleyville TX 76034 3900 Bedford Ct. Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 3816 Bedford Ct Chatham, Larry K Etal 4413 Bowman Dr Colleyville TX 76034 open space Foreman, John & Barbara 4006 Elmwood Ct Colleyville TX 76034 4006 Elmwood Ct Ostrander, Oakley 4005 Plantation Ct Colleyville TX 76034 4005 Plantation Ct Collins, Stephen B Etux Jane 1009 Inwood Ln Colleyville TX 76034 1009 Inwood Ln lovinelli, Luci & Robert C 4006 Plantation Ct Colleyville TX 76034 4006 Plantation Ct Ulrich, Charlie Etux Lore 4003 Elmwood Ct Colleyville TX 76034 4003 Elmwood Ct White, James R Etux C Victoria 4002 Elmwood Ct Colleyville TX 76034 4002 Elmwood Ct Edwards, Sheridan B 4003 Plantation Ct Colleyville TX 76034 4003 Plantation Ct Fowler, Billy J Etux Kimberly 4004 Plantation Ct Colleyville TX 76034 4004 Plantation Ct Chatelain, Gary M Etux Gloria 1007 Inwood Ln Colleyville TX 76034 1007 Inwood Ln Allred, Shane Etux Kelly 1005 Inwood Ln Colleyville TX 76034 1005 Inwood Ln Jackson, William D Etux Melba 1003 Inwood Ln Colleyville TX 76034 1003 Inwood Ln Usrey, Lewis B Etux Tammy R 4001 Elmwood Ct Colleyville TX 76034 4001 Elmwood Ct Pursley, Tex Etux Barbara 4000 Elmwood Ct Colleyville TX 76034 4000 Elmwood Ct Rhee, Un Young 4002 Copperwood Ct Colleyville TX 76034 4002 Coppervvood Ct Griffith, James C Etux Cynthia 4002 Plantation Ct Colleyville TX 76034 4002 Plantation Ct McWithey, Michael C 4001 Coppervvood Ct Colleyville TX 76034 4001 Coppervvood Ct Craver, Pete F III 3908 Copperwood Ct Colleyville TX 76034 3908 Copperwood Ct Kile, Daniel A Etux Shirley 3907 Copperwood Ct Colleyville TX 76034 3907 Copperwood Ct Byno, Thomas J 3906 Copperwood Ct Colleyville TX 76034 3906 Copperwood Ct Winslow, Dwight R 3916 Wayne Dr Colleyville TX 76034 3916 Wayne Dr Pechacek, John A Etux Eileen F 3905 Copperwood Ct Colleyville TX 76034 3905 Copperwood Ct Richey, Ruth Jean Murray 3906 Butler Ct Colleyville TX 76034 3906 Butler Ct Valle, Sergio Etux Marla 3903 Copperwood Ct Colleyville TX 76034 3903 Copperwood Ct Abbott, Rhonda C 3904 Butler Ct Colleyville TX 76034 3904 Butler Ct Winslow, Dwight R 3916 Wayne Dr Colleyville TX 76034 3908 Wayne Dr Peyton, John Etux George-Anne 3902 Butler Ct Colleyville TX 76034 3902 Butler Ct Aymond, Gary 3804 Bedford Ct Colleyville TX 76034 3804 Bedford Ct Chatham, Keith 11645 Denton Dr Dallas TX 75229 3716 Bedford Ct Chatham, Larry K Etal 4413 Bowman Dr Colleyville TX 76034 3900 Bedford Ct Kathy Baerg, applicant 32118 Paseo Adelanto #3 San Juan Cap CA 92675 applicant Public hearing notices were mailed on April 17, 2008 by Amy Shelley. Letters of Opposition Case Z-08-013 -Request for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road,. Suite 107 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, APRIL 23, 2008. Procedure to Resaond: As (a Property Owner within 500 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments) ` Q~cQ k a _ ~~. d r'Q ~-~ s~ . ~ ~o po red `o ~a~i'6w1 ~ S~12~ y'•e.~ ~ ,s ~- t7Q-QC 6t-vse, '' `t u~~(/ f `~"~-' G.~.~ ~ G ~ ` G°Q fle~Ga~~~~2~ `mil ^ Mr Mia ShQixr~CoWro /J` f", 1009Imvood Ln Copeyvi{Ie,TX 76064-3848 Signature: k~'.ti 1.n~.(1~ ~~~ ~''r~ G~-~ (Phone No.)g ~~~~~~ ~~ Q.~m 't' Direct questions and mail responses to: ~ po 9 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 O: 817.503.1050 F: 817.503.1059 . ` '~ !:. ~j.. __ ~ ~~ tlN . i APR 2 1 2008 ,, :° Print Name and Address, or Lot, Block and Subdivision: Case Z-08-013 -Request for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, APRIL 23, 2008. Procedure to Resaond: Print Name and Address, or Lot, Block and Subdivision: ~~ ~ ~ - ~~~ Signatu~ ~DJ ,," „ //t~~}'~~ (Phone No.) ~~ / f~ ~~ ~l ~~'`~' v " `~,rf.~c~e,rce~"tion~s and mil responses to: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 RECEIVED O: 817.503.1050 ~1.. F: 817.503.1059 :1 ~" ~' `' ~ ` ~ ~'~'R Per ............. As (a Pr -' in 500 feet of the subject tract) or (an interested citizen), (app (protest) n o (have the following comments) FROM (Phone No.j ar/- ~al~- ro~l~3 Community Development Department City of CoUeyville 100 Main Street Colleyviile, TX 76034 O: 817.503.1050 F: 817.503.1059 RECEIVEa APR I 1 ZU~~- FAX NO. :8175146265 _ _ Apr. 22 2008 10:27AM PS Case Z-08-013 -Request for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lo# 3, Block 1 of the Tara 111 Addition located at f 101 Cheek Sparger Road, Suits 107 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, APRIL 23.2088. Pr4a~un to Respond: As (a Property Owner within 500 feet of the subject tract} or (an interested citizen), I (approve) {protest) and/or (havo tha following comments) 1~~.~ tr^~ ~~ ~'`-~->it.,c~~q - ire dt,c~ -h, -fie rt~.tur-~ a~ `01,t,f ' idu~l i1~ S.s . YY G . GAY a Q. Pf"t lr ~ ~ aCa-Vii~(!.~ 100~- print Name and Address, or Lot, Block and SutXlivision: Per ............. Direct questions and mail raspons~- to: Case Z-08-013 -Request for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 i P.M. ON WEDNESDAY, APRIL 23, 2008. Procedure to Resaond: T Print Name and Address, or Lot, Block and Subdivision: Signature: ~~~/Q 0 (Phone No.) Direct questions and mail responses to: Community Development Department City of Colleyville 100 Main Street RECEIVED Colleyville, TX 76034 O: 817.503.1050 '~i'H 2 2 7.008 F: 817.503.1059 Per ............. As (a Property Owner within 500 feet of the subject tract) or (an interested citizen), 1 (approve) (protest) and/or (have the following comments) Statement of Planning Objectives ~~~ ~~:~#,o~ ~~~~ March 28, 2008 TO: CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT SERVICES 100 Main Street Colleyville, TX 76034 Attn: AMY SHELLEY FR: KATHY BAERG, Owner REF: STATEMENT OF PLANNING OBJECTIVES THE VILLAGE GENERAL STORE My husband and I purchased the commercial strip center, known as Tara Village, located at 1009-1101 Cheek Sparger Road in Colleyville last September. We were very excited about this purchase as it would allow us to be part of, what we consider, a wonderful community and neighborhood, and the new City Offices and downtown. The commercial center we purchased serves the surrounding Tara Plantation and other neighborhoods directly. It is our goal to encourage and seek out retailers to support the local neighborhoods and increase traffic and commercial business to the "Tara Village Center''. After we purchased the center, we had numerous conversations with neighboring tenants and local people concerning the lack of a close convenience store to the homes and shops. We decided that opening a convenience store for the local neighbors and businesses would be a "good for all" adventure for both sides. The positive feedback from everyone already has been very encouraging even though we haven't opened our doors yet The major portion or stock of the store will be everyday convenience items for the neighborhood. We also would like to sell beer and wine products. We will not be selling hard alcohol and of course, no alcoholic consumption of any kind will be on the premises. We have contacted the TABC for a license and anyone working at the store will have to complete a TABC course before beginning the job. RECEIVED NAR ,~ 3 2r~0~ Per ............. We felt that a small portion of the store product being beer and wine would benefit the surrounding neighborhood after talking to local merchants and neighbors. They indicated that going all the way to grocery stores for a bottle of wine was time consuming. Amore's Restaurant, in the center, does not offer alcohol on their menus but encourages BYOB to their customers. Being able to purchase wine products next door to the restaurant by their customers would be a huge benefit to Amore's and the General Stare. Being able to add "foot traffic" to the commercial center is a huge benefit to all the vendors. We have only two vacant store fronts now (down from 4) and several good inquiries since the property was rehabbed. The parking lot for the center more than accommodates all vendors. Mr. Jeff Fontana will be managing and supervising the store as we are out of town owners. We have complete confidence in his ability to manage this property as we have been doing business with him for over 15 plus years. He ran an asphalt company for over 15 years prior. His expertise and skill in management and supervision has always been flop notch. He is and will be our "representative" for the Village General Store". Thank you for your tune and consideration on this Special Use Permit application. Please contact us for any further explanation or questions you might have. Sin~,c~e/rely, ~~~~~ B er and Hal Baer Kathy a g g 32118 Paseo Adelanto #3 San Juan Capistrano, CA 92675 949-489-5622 Jeff Fontana 817-683-4466 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE April 8, 2008 TO j{gTHy BAERG FAX 949.489.5600 FROM Tustin Bass, Planner SUBJECT Z-08-013 -SUP for off-premise 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, if any, the extent of proposed exterior renovations to the lease space. 2. Will the existing area that is proposed for occupancy be physically expanded? 3. What are the proposed hours of operation? 4. If different from above, what are the proposed hours of alcoholic beverage sales? 5. 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, fire alarm and Knox box. This may be applicable due to the adjoining lease spaces. 6. Will parking be adequate for the general store use? 7. Provide the following information not currently included within the Statement of Planning objectives: a. Describe the type and scope of interior renovations to the lease space. Future alterations to the interior may require approval by City Council; b. Provide a description of the staffing level proposed; c. What classification of TABC 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. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-08-013 SUP FOR OFF-PREMISE ALCOHOL SALES 9. There is a depiction of a roof support on your dimension sheet. Does this mean you will be making improvements to the roof? 10. Indicate the wine sales area on the floor plan. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, Apri128, 2008, 7:00 p.m. City Council: Tuesday, May 20 and June 6, 2008, 7:30 p.m. RESUBMITTAL REQUIREMENTS ^ Submit the response letter by Friday, April 18, 2008, in order to remain on the aforementioned public hearing schedule. Please contact me at 817-503-1055 or bassiC~ci.colleyville.tx.us if you have any questions. PAGE 2 OF 2 Applicant's Response ~211d PA9~o AoEUwro ~ SAN JUAN CAPI9TRAN0, CA 912675 Y/a~6d22 PHONE 6A00 SAX Memo Too JUSTIN BASS, PLANNER CrfY OF OOtlEWltlE too f~ s-na=Er. Ca.t+Ewu.~.e. Tx 7~ F1ro~tts KATHY BAERG, PROPRIETOR THE VILLAGE GENERAL STORE D~ebae Apn19, 2008 Rai SUP FOR OFF~PRF.MISE ALCOF~Ol. SALES Attacl'~ed please find gnawers and ir~tbrmation in rrdsponae to your Memo dated Apri18, 2008, oonoerning my epplicatiort !or a "specie use permit" for otf~rernise eloohol sales at The ViMape General Store tocabed at 1009 Cheek Sparer Road, Suite 107, CoUey~nlle, Te~ass, 7t30'.i~4. 1) At this time the only exterior renovations to the lease space wdi be the instalt~tion of double glass doorsy (trvm aingie door na ) 2) The existing area of 1245 agft proposed for oocupartcy will not be l~lY 3) At This tans, the hours of operetion wig be 7:OOarn - 9:OOpm; this time may change once the store is up and aper~ir~g, to whatever the traffic ~ . 4) The proposed hobs of aloohoGc beveraae sales (beer 8 wine only) wdl be whatever the law abvws in t;oaeyvale, texas ' 5) The total so~r'e footage of the premises is 1245 aglt. 6) Paridng for the YNage GenweJ Storo is ample and shared with other tenants 7) A Interior renovations were very minimal as the speoe was vacent/shell. The ordy interior rehab was to install vinyl wood floorM~q end paint. RECEIVED Per ............. FURtrA t~er10V9tlons Are ~ er>tidpAtad. IVB~N I+Afligel'~OrS arld shetvirig vNer'e pix+chssed from Supermarket Suppliers wind de~v6red 1]0 the site. @. The S'ta1F wiN include the general , iVt JefF Fontana, and two tuN time employees under his direct supervision. C. The TABC dlassi~tion Ik®nss is Ia~oNm es: BQ-wine and beer retailer's o~prerr>ise permit; 8)Th~e,,•ye,,d~~arrw,,,~m~t of sales tax to be gene~rati~e,,d,~by they store is rat N RAC 1 ~ Y RA V 110.E ~ r~ Y~~rnr~i FYI O4-R~11 ~ Y 11s ty~ bt~8ir1A83 In this kx~ati0n e9 of this date. IMe erg 1~inQ 8546 OF SefAB to be corr~rer~erx~algrooery, 2546 of salmi do be wineJbeer, 1096 of sales to tae svvsorwi, v~lc. 9) The support beam irx~bd in the dimension she, is existing end holds no pert of the (3enerel Shores interior or eoderior plans. YUe will rnot raw or in the fuhu+e be making any interior or exterior changes to the leased space vonoerr>ing the supporUiovf ~. 10~ 8Y wine sales area on the Boor plan, 1 assume you mean storag4 and plsoemern. The eras being used for alcohol sbrsge and placement fbr sales purposes is approo6mataly a 10-12 sgft section in the rear of the stone, ec#aoent to the oillce. Vi4eo surveillance will be installed dfrvdly in this area. Thsr1lc you for your response and atterxion to our pemrlt r~equeet. ff you atwt~ld require any flrther information or have arty more queeCions oonoeming this matter phase feel fires to contact me dirsdly et 949.489- 5622 phone or949-4896600 fad or t~oergs~~haa.dom. Sincerely, ~~~s • ~. z <-~ ~;-> y Exhibits Pr vi gd.b Applicant }~x~lbityB ;U09-I :G1 C:hcck Sp~lr~er Rna~, C:ulleyvillc, l'k7GQ34 - I12: (7(7 -~.y.~~ • ' ~OC~f ,~~~ ~'v ~ '~ t,; Da~ ~r~r,,,r,s 120 ~~ ~`•"'x' r-- „o I Am^tQ ?faze & , Pasta ! 1JPA ClayMat~on ~o~e, ros aro9 P~16~eter Han Toakwcndo ~o~n Ya ca•-.,+ Grua+~ne COfoet!an ralrq 12? I2d I I:S !2G I !?7 129 a II , a~ }~u!( 1 '" ~~ j ~ I K 1~ to V I ~ ~ ~ ~ ,~ t 0 ~~ ~; , ~, a ~ ~c f m a~ U U ~ ~ ~ . ~~ Z ~ ~~ ~~ ~ ~ ~ ,~ ~. ~ ~ ~~ J / ~ Tara Nail ~ Tan ,os 103 M~I~a~tte fcts ~• M.rt Ma1~ ~~„~ ' i ~ ~ ~• 10 nnr FDr RNamrxa Ony f ~~ ~~N/rV 9/~~ V(; J1/GVVI VV:~4 hAX .. S ~~~~ ~ _ .~, O~1N I L31 ~ Drl-~----D '~ WRl ~ ~, `J~ot~-~ S! d'' H ~~o~L~ ~~ ~ ~ , ~,~ ~.,1~' _ ~, 3 _1 ~ ~ (~ ._._ ~ , ~~i TAi~A V1L~AG~ su~T~ ~o,-a tQJ 003/003 ~~ ~/ ^ ~( ~,~ ~, ~ ~, ~`~o t2E ~Qo nr -~ 20'-4" ~ ~?~i~~ J II ~ , ~ r, II ~ ~~~v a j ~ ~r~ ' ~ ~ ~~ ~D r-o'n~~---) ~~~ 70 y u II ~ ~ ~ I 0 ~ ~~ ~~ t ~v~ ~~r ~~r r 3~33a ~~rn i ~ ~~~ I ~m ~ 70 ~` D r N ~r~ °- ~ ~ ~ '_ ~ rn ORDINANCE 0-08-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 3, BLOCK 1, TARA III ADDITION, LOCATED AT 1101 CHEEK SPARGER ROAD, SUITE 107A, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR OFF- PREMISE CONSUMPTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-08-013; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices 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 0-08-xxxx Page2of3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on a portion of Lot 3, Block 1 of the Tara III Addition, located at 1101 Cheek Sparger Road, Suite 107A, by authorizing a Special Use Permit for the sale of alcoholic beverages for off-premise consumption, as depicted on the attached Zoning Map, labeled as Exhibit "A" and the Lease Area Map, labeled as Exhibit "B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. Hours of Operation a. The hours of operation shall be as follows: Monday -Sunday: 7:00 a.m. - 9:00 p.m. 2. General a. The uses allowed by this Special Use Permit shall be for the sale of alcoholic beverages for off-premise consumption. b. The sales area for alcoholic beverages allowed under this ordinance shall not exceed 1,245 square feet and shall be limited to the lease area depicted in the attached Exhibit "B" labeled Lease Area Map. c. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use or upon the expiration or termination of the Certificate of Occupancy for the general store. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and Ordinance 0-08-xxxx Page 3 of 3 upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Zoning and Location Map NORTH --~ ~-!~ 1007 100 a4a3 l 80:5 901 903 005 00T 1001 1003 1005 1000 ~ 1002 ~ 061 , ~ ' 1000: ,qr ~ ~ ~~ ~, ~~ 3`101 3916 ~ 3902 9.09 ~ $It@ 3008 - 3906 3$15 1900 PUDC 3a16 3sa9 R40 1900 1808 ~ ~a4o ~a4 AG ,r61 3863 37 76 371G 371 '''; 370a 3763 X708 1001 r ~~ , ~ ~`'` "`-~ a oors` 1601 16oz cool l 1008 1001 a60J d002 96r 30~' ` .10 3008 ~ 3961 3905 390E J ., 3902 1 943 390J 3900 3902 ,I 1 4~ / ~ 3904 , . 1109 N~~ ~:~``~-~_~ Exhibit "B" -Lease Area Map c__, ~ ~' ~ ~ ~ ~ ~ ~ 3 ~r L; ~ ~ ~ u ~~ ~ ~ ~ ~ 4 R ~ a `~ ~ ~ , ~! ~ t ~' ---- ~~ ,~: ~~~ ~~~ c~ ~ .~ t~ ~ `~ ~ r ,~ ~~- --~-.- ~ r c ~~...,_~ ~ ~ ~:1~ ~.~~. SakM•:~~Ae € f G~r~era! ~kor~ ~c-catc-n ', _ _ ~~ ~ -,.... .4.R { ~ B ~ ,/r P7; RN01:1~Y~ Q'tr' 4F ~-~,..~..j fi Tur'+a(3TSSZ r x i i ----- , ~ ~ ti~. ~.. I