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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-4/26/2010City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com C`€i'~~ rya - ~--~. ..;_~ .~ - _,n~ !~ -_ _ ~.~:~ ~, 7r~ti:~ti Meeting Agenda Monday, April 26, 2010 6:15 PM City Council Chambers Planning and Zoning Commission City of Colleyville City Hall 100 Main Street ~a~i~~~.d_ Colleyville, Texas 76034 Agenda -Final 817.503.1000 ,,.,.,_ www.colleyville.com Planning and Zoning Commission Monday, April 26, 2010 6:15 PM City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF GAS WELL TOUR SCHEDULED FOR APRIL 28, 2010 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Rotthaus 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES April 12, 2010 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a replat for 0.24 acres on Tract 3B1A, Abstract 936 of the M. Looney Survey and 2.0 acres on Lot 44R, Block 1 of the Riverwalk at Colleyville Addition located at 1206 Nueces Court and 1200 Riverwalk Court, Case PC10-004 7b Approval of request for Special Use Permit for off-premise alcohol sales on Lot 1, Block 3 of the Heritage High School Addition located at 5100 State Highway 121, Suite C, Case ZC10-006 8. ADJOURNMENT City of Colleyville Page 1 Printed on 4/23/2010 Planning'and Zo 'n Commission Agenda -Final April 26, 2010 .` ') I~ here y ertify th above agenda was posted on the bulletin boards at City Hall on Fri ,April 2 ;2610 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 4/23/2010 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com -~. ,~ .,~~ ~_:~~~, i•~:, Minutes -Draft Monday, April 12, 2010 6:15 PM City Council Chambers Planning and Zoning Commission ~"'~~` City of Colleyville Minutes -Draft ,t-,~.;; Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, April 12, 2010 6:15 PM City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on April 12, 2010 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Michael Clardy Staff Present: Ron Ruthven, Jeremy Hutt and Marty Wieder 3. 4. INVOCATION The invocation was given by Commissioner Phelps. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Rotthaus moved to approve the March 22, 2010 meeting minutes with grammar corrections to made to pages 3 and 4 . Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None City of Colleyville Page 1 Printed on 4/23/2010 Planning and Zoning Commission Minutes -Draft April 12, 2010 7. 7a Approval of a sidewalk waiver request on Lot 6, Pleasant Run Estates Addition located at 6600 Pleasant Run Road, Case GC10-001 Ron Ruthven presented the case and briefed the Commissioners. Mark Cameron, the applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Cameron if he would construct the sidewalk on Pleasant Run Road. Mr. Cameron replied he would construct the sidewalk on Pleasant Run, however, he stated it would not be aesthetically appealing for the project. Commissioner Phelps questioned Mr. Cameron if he would rather escrow the money for the sidewalk instead of constructing the sidewalk. Mr. Cameron replied he planned to build the sidewalk at the time of construction for the new home. Ron Ruthven stated the City Engineer calculated the dollar amount for the construction of the sidewalk and the trail. Mr. Cameron stated the trail is the hardship in this request and stated he would like the waiver to the trail section. Commissioner Phelps questioned staff to clarify the waiver request regarding the trail portion of this request. Ron Ruthven stated the Commission can grant a waiver to the construction or escrow for this portion of the trail or the Commission can have the applicant construct the trail or escrow the amount determined by Engineering. He stated if this portion of the trail is waived with either construction or escrow, this will not prohibit the trail from being constructed in the future if the City deems it necessary to construct. Discussion occurred between the Commission and City Engineer regarding how the trail could be constructed in this location with regards to costs, tree removal, design, flat work and drainage information. Commissioner Redfearn questioned staff regarding where does this portion of the trail lead? Ron Ruthven replied this trail will lead all the way to Precinct Line Road. Commissioner Redfearn stated a portion would be on private property. Ron Ruthven concurred and stated the property has not been dedicated for this trail. Commissioner Byerly questioned staff why the Commission is being led by staff to approve the construction of the trail? Ron Ruthven replied staffs recommendations are based strictly on the sidewalk system map REGULAR AGENDA ITEMS Cify of Colleyville Page 2 Printed on 4/23/2010 Planning and Zoning Commission Minutes -Draft April 12, 2010 which has been approved by City Council. Discussion occurred between staff and the Commissioners regarding the placement of the trail and the process in which to get the easement to build the trail system. Commissioner Phelps stated this section of McDonwell School Road is a unique situation and there are a lot of opportunities for improvement if the road is to be improved all the way to Westcoat. He stated at that time would seem like the better opportunity for the construction of the trail. He stated, at this time, there would be no functionality of the trail. Commissioner Dudziak concurred and stated he does not see the need for the sidewalk on Pleasant Run Road. He stated he would like to see the money paid into escrow for the sidewalk. Commissioner Byerly stated he would like to see the full amount escrowed because at some point these portions of the sidewalk and trail are going to be necessary. Commissioner Byerly moved to deny the waiver request case GC10-001. Died for a lack of a second. Discussion occurred between staff and the Commissioners regarding the escrow option or construction. Commissioner Redfearn questioned staff regarding the width of the easement for the sidewalk. Ron Ruthven replied a survey would have to be done to determine the exact location of the easement. He stated the easement is approximately 15 feet (edge of fence and centerline of street). Commissioner Redfearn stated not seeing the most cost effective option for the developer. Ron Ruthven stated the trail would have to be placed on top of the drainage area and underground drainage improvements would have to be made. Discussion occurred between staff and the Commissioners regarding the 10 foot dedication for street improvements and the determination of the trail easement. Ron Ruthven stated it would ultimately be determined by a survey of the property. Commissioner Phelps questioned Mr. Cameron regarding if the property line or the right of way dedication been determined. Mr. Cameron stated the property has been surveyed today and the stakes have been set. He stated the back portion of the property sits in the middle of the drainage easement. He stated one pin could not be located and they were going to have to use calculations on the plat. He stated he used the telephone poles as markers for the easements. He stated the fence is a few feet City of Colleyville Page 3 Printed on 4/23/2010 Planning and Zoning Commission Minutes -Draft April 12, 2010 just outside the telephone poles. 8. 8a Approval of amendments to Chapters 1, 2 and 3 - Land Development Code regarding alcohol regulations, Case GC10-002 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding the parking requirements. Ron Ruthven stated the parking requirements are already addressed with the alcohol use but could be revised by City Council. He stated the calculations are based by general retail use. Commissioner Phelps questioned staff regarding the procedure for a packaged store. Ron Ruthven stated before they could have any legal sales, they will have to have City approval. He stated independent of the zoning, the State will have to issue a permit for the sales. Commissioner Dudziak questioned staff regarding if the City can restrict the number of packaged stores. Ron Ruthven replied yes, however, there is no set definitive limit per the code. He stated it is a case by case basis and they would have to have approval by City Council and will have to abide by all codes. Commissioner Byerly opened the public hearing at 7:50 p.m. There being no one wishing to speak, the public hearing was closed at 7:50 p.m. Commissioner Dudziak questioned staff if a telephone pole would be placed on private property? Ron Ruthven stated it being possible, however, there are usually utility easements located if not located in public right of way. Commissioner Redfearn questioned Mr. Cameron regarding how deep is the ditch on the property line. Mr. Cameron stated about 5 or 6 feet deep and he stated the Cutter Ridge addition flows into this ditch. Commissioner Dudziak moved to grant the trail waiver and grant the applicant the option to build or escrow the sidewalk on case GC10-001. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Rotthaus, Phelps Nay: 1 -Byerly Absent: 1 -Clardy PUBLIC HEARING AGENDA ITEMS City of Colleyville Page 4 Printed on 4/23/2010 Planning and Zoning Commission Minutes -Draft April 12, 2010 Commissioner Redfearn moved to approve case GC10-002. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 9. ADJOURNMENT The meeting adjourned at 7:51 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, April 9, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 5 Printed on 4/23/2010 } ~., City Hall ~~~~ ~ City ~f Co~~eyV~~~e 100 Main Street ~' Colleyville, Texas 76034 ~~~~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 04/26/2010 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a replat for 0.24 acres on Tract 361A, Abstract 936 of the M. Looney Survey and 2.0 acres on Lot 44R, Block 1 of the Riverwalk at Colleyville Addition located at 1206 Nueces Court and 1200 Riverwalk Court, Case PC10-004 Attachments: Location 8~ Zoning Map Notification List Plat Exhibit Riverwalk at Colleyville PUDR Ordinance 0-00-1210 History of Legislative File Version: Date: Acting Body: Action Text: 1 04/26/2010 Planning and Zoning Commission Title Approval of a replat for 0.24 acres on Tract 3B1A, Abstract 936 of the M. Looney Survey and 2.0 acres on Lot 44R, Block 1 of the Riverwalk at Colleyville Addition located at 1206 Nueces Court and 1200 Riverwalk Court, Case PC10-004 Explanation Dana Brown, with Kimley-Horn and representing the property owner, the City of Colleyville, submitted a replat of a 2.4 acre tract of land located at 1206 Nueces Court. The replat request involves incorporating a 0.24 acre unplatted tract of land into the Riverwalk at Colleyville Addition and adding a 0.04 acre portion of of Lot 44R to a new 0.28 acre lot called Lot 44R-2. Subsequently the new name of Lot 44R will be Lot 44R-1. The unplatted portion is owned by the City of Colleyville and once housed a water storage tank, which has since been removed. The property is being platted for future marketability should the City intend to sell the lot given the abandoned utility use of the property. Zoning. The property is zoned PUDR-Planned Unit Development Residential under Ordinance 0-00-1210, which is the PUDR ordinance that governs the Riverwalk development. Although never incorporated into the Riverwalk plat, the unplatted property was included in the original rezoning request in 2000. The minimum residential lot standards for Ordinance 0-00-1210 are as follows: City of Colleyville Page 1 Printed on M23/2010 Agenda Briefing Continued Minimum lot size: 6,331 Minimum lot width: 60 feet Minimum lot depth: 115 feet The proposed Lot 44R-2 meets the minimum lot requirements of Ordinance 0-00-1210. Additionally, if the lot were to be used as a residence, the larger Riverwalk development would remain in compliance with the open space and density requirements of Ordinance 0-00-1210. Existing Conditions. This lot is currently vacant. Parkland Dedication Fees. Parkland dedication fees are not required as the property is owned by the City of Colleyville. Perimeter Street Improvement Requirements. Perimeter street improvement fees are not required. Summary. The owner's surveyor has addressed all comments. The proposed development satisfies Development Code and Ordinance 0-00-1210. This Planning and Zoning Commission. Recommendation Approval Development Review Committee the requirements of the Land plat only requires approval by the City of Colleyville Page 2 Printed on 4/23/2010 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Ltf Real Estate Company Inc 2902 Corporate PI Chanhassen MN 55317 1221 Church St Colleyville, City Of 100 Main St Colleyville TX 76034 5209 Colleyville Blvd Riverwalk Owners Assn PO Box 260997 Plano TX 75026 1200 Riverwalk Ct Colleyville, City Of 100 Main St Colleyville TX 76034 Glade Rd Searles, Jonora 1116 Nueces Ct Colleyville TX 76034 1116 Nueces Ct Richmond, Lester Jr 1112 Nueces Ct Colleyville TX 76034 1112 Nueces Ct Fletcher, James R Etux Joyce K 1108 Nueces Ct Colleyville TX 76034 1108 Nueces Ct McFalls, Cathy L 5131 San Gabriel Ave Colleyville TX 76034 5131 San Gabriel Ave Park, Clinton & Jeyong Rhee 5129 San Gabriel Ave Colleyville TX 76034 5129 San Gabriel Ave Segovia, Tania C 1117 Nueces Ct Colleyville TX 76034 1117 Nueces Ct Tran, David T Etux Phuong-Cuc 1121 Nueces Ct Colleyville TX 76034 1121 Nueces Ct Lucca, Joseph Etux Rebecca 1113 Nueces Ct Colleyville TX 76034 1113 Nueces Ct Lunda ,Grego W 1109 Nueces Ct Colleyville TX 76034 1109 Nueces Ct Krutko, Oleh 5125 San Gabriel Ave Colleyville TX 76034 5125 San Gabriel Ave Suhani, Alnawaz 5121 San Gabriel Ave Colleyville TX 76034 5121 San Gabriel Ave Pham, Hung Etux Tina Trang Tra 1116 Guadalupe Ct Colleyville TX 76034 1116 Guadalupe Ct Tran, Binh Etux Bich T 1120 Guadalupe Ct Colleyville TX 76034 1120 Guadalupe Ct Tiliacos, John Etux Jacqueline 1112 Guadalupe Ct Colleyville TX 76034 1112 Guadalupe Ct Dana Brown, Kimley-Horn, applicant 12700 Park Central Dr., Suite 1800 Dallas TX 75251 applicant Public hearing notices were mailed on Friday, April 9, 2010 by Amy Shelley. ~~~ ~ ~ ~ F ~ ~~' ~ Ep 8P$ } ~~~ ~ 'y : ~ ~ `5 ~. j ~~fl g ~~• §p ~ 0 41~ b~~ ~ ~ ~ y ~° w f ~ P p ! ~; E ~~~ $ a ~ y & d~13 v ~ ~~~p~~ ~ f n g € ~ ~ ~ 4~ a~ ~ ~ ~ g ~Py $ ~ ;~~ ~ g € ~ i ~~ ~ ~ aLL ~ ~j ~' $~~a a g~ ~ g ~ $ ~ ~ € ~' c `k d 4 e~~5~ 8 ~~~~E W ! w J y J ~ Z 2 ~ ~ ~ E J ~ W 0] O ~~~ g a 3 #+ J N j S ~O~o~ U~ya z ~ ~ PI ~ '~a @ 3 e o d~O~w U ~ g S;~ S g g ~ ~ y<an J~~yoz i ~~ a~`" # g 2~ ~ t i ~ ~ Z Z E ~ ~ m g n ~ g u1 5[ j F J y y K ~! ~ i 6 ~ ~• O ~ ie~~a 8 i~ i $ 1 $ ~ *i yygg gg y gg qq $ $ a•p ,p ! 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LOONEY SURVEY, A-936, TRACTS 3B, 3B1, 3C, AND 4A FROM THE R20 (SINGLE FAMILY RESIDENTIAL) DISTRICT TO THE PUD-R (PLANNED UNIT DEVELOPMENT-RESIDENTIAL) DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning change was filed by David Whisenant on January 28, 2000, under Case No. Z-00-011; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B), by changing the zoning of said property from the R20 (Single Family Residential) district to the PUD-R (Planned Unit Development- Residential) district together with all site plans which are conceptual in nature, supporting documents, and other conditions and restrictions imposed and approved by the Council which are Ordinance 0-00-1210 Page2of5 incorporated herein by reference including, but not limited to the conceptual site plan (Exhibit C); and subject to the following conditions: 1. GENERAL a. The purpose of this PUD-R is for single-family residential development, constructed at an approximate density of 3.2 dwelling units per acre, and commercial development comprising 2.921 acres b. This property is subject to all the regulations contained in the Colleyville Zoning Ordinance, Subdivision Regulations, and other land development ordinances, except where amended by this ordinance. 2. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Minimum Lot Size b. Average Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Side Building Line g. Rear Building Line h. Rear Building Line for Westernmost Lots 6,331 square feet 7,666 square feet 60 feet 115 feet 20 feet 2 feet (one side) & 8 feet (other side) 10 feet 25 feet 3. NON-RESIDENTIAL USES. LOT REQUIREMENTS AND SETBACKS a. All non-residential lots shall conform to the minimum standards of the CN Neighborhood Commercial zoning district. The building design score of all commercial buildings in this PUD-R shall be 30 points. b. The uses allowed in the non-residential portion of this PUD-R shall conform to the requirements of the CN Neighborhood Commercial zoning district. c. The minimum square footage of the houses constructed in this development shall conform to the following requirements: Ordinance 0-00-1210 Page3of5 1) Ten (10) lots shall have houses with a minimum square footage of two thousand eight hundred (2,800) square feet. 2) Ten (10) to#s shall have houses with a minimum square footage of three thousand two hundred (3,200) square feet. 3) Forty-eight (48) lots shall have houses with a minimum square footage of three thousand (3,000) square feet. 4. OPEN SPACE AND LANDSCAPING a. This development shall provide a minimum of 20% common open space for the leisure use of the development's residents. The open space shall comply with the provisions contained in the Zoning Ordinance, and shall be landscaped. b. The office development landscaping shall conform to the landscaping requirements contained in the Zoning Ordinance. 5. SCREENING a. A screening wall shall be required between the office and residential areas. A screening wall eight (8) feet in height shall be constructed along the west property line of the commercial lots. A screening wall six (6) feet in height shall be constructed along the north property line of the commercial lots. b. A screening fence shall be required along this property's western property line. The fence shall be a minimum of eight (8) feet in height, and shall be constructed of double-faced wood panels attached to metal posts, with a 6-inch concrete curb and brick columns constructed on 24-foot centers. c. A screening fence shall be constructed along the property's frontage on Riverwalk Drive. The screening fence may be of variable height, and shall be constructed of a combination of brick, stone, and/or wrought iron. 6. SIDEWALKS AND TRAILS The developer shall construct the portion of the City trail system adjacent to this property. A ten-(10) foot wide trail shall be constructed along this property's frontage on Glade Road. A twelve and one-half (12'/z) foot wide trail shall be constructed along this property's frontage on Riverwalk Drive. The trail shall be constructed according to City trail standards and specifications. Ordinance 0-00-1210 Page 4 of 5 7. PLATTING The developer shall submit a final plat of the property in accordance with Section 2 C of the Colleyville Subdivision Regulations. The conceptual site plan attached as Exhibit C to this ordinance shall constitute the preliminary plan. $. OTHER a. Offsets and credits against impact fees for water, wastewater and roadways shall be provided as allowed by the Colleyville Subdivision Regulations. b. Storm water detention shall be required for this site. This development shall provide a minimum of eight (8) acre-feet of storm water detention. Sec. 2. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3 THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. ITI p~~e~ ~f~~ir~~t reading and public hearing being conducted on the ZIP day of [!1L~r cn , 2000. T second reading and public hearing being conducted on the ~ day of ~~'-~-' 2000. ATTEST: QJv4-ty J an Harris, CMC ity Secretary CITY OF COLLEYVILLE: I1~ D nna Arp Mayor Ordinance 0-00-1210 Page 5 of 5 APPROVED AS TO FORM AND LEGALITY: Ross . Fos er City Attorney • ,,;~ • n ~, ~ t ,~ ' a I u. f~~ w i li ;tA ~ >r till t ~f t '.7 qQ'~ :: -..~ 7 a ~ s .'~ trx ~ i r Y ~ ' 7 - ~ L1C. ~ ~' l~ K po~ t ' .w~c .~ ~ ~ ~ , , t ~ • - '' ~~ ~ N .1t K ~ .R= ~ ~'T t y ~~ wa L~1 ~ '" w '~ '! ~ R w, ~ ~: ~ t ~ ~ w w a w7 - _ -r ~ .. - - - - } 7 . . 7 'war :..._ ~ . r ayes , . ~ 7~ L J10~ ~ ~p ~ t D js r-_ SAN a ,, J~ r ~~ ~ w N t ~ 7 tw.. w N ~ ° ~ ~ ~ ~ ti - 1 ~. 1 Mp~~~ i l { M - .~ t • .wA ~ ,7• - y ' 6• ~ 4 t M i at .~ ~ n ~ r K if ~ I 7i a w ~ tl t 17-t1Ytf1M1'71 R r r _ _ • S~ w ~ u n o Nr '~- t ' n " t ! u et o~ ~+ , ~ ~ !u'`S Y w ~~ ' iw ne q .~ ~ 7. ~ , w r 17: s . t _ f >. Exhibit A -Zoning Map PROPERTY Description BEING all that certain tract, parcel, or lot of land located in the J. L. LOONEY SURVEY, Abstract No.936, Tarrant County, Texas, and more particularly described as follows; BEGINNING at a point in the centerline of Glade Road; Thence N 00 degrees 05 minutes 01 seconds W, 13J4.50 feet to a point; Thence S 89 degrees 38 minutes 36 seconds E, 262.89 feet to a point Thence S 89 degrees 38 minutes 44 seconds E, 127.12 feet to a point; Thence S 89 degrees 51 minutes 33 seconds E, 389.96 feet to a point; Thence S 00 degrees 01 minutes 21 seconds E, 1316.90 feet to a point; Thence N 89 degrees 20 minutes 42 seconds W, 388.58 feet to a point; Thence S 00 degrees 05 minutes 01 seconds E, 23.12 feet to a point; Thence N 89 degrees 20 minutes 42 seconds W, 390.03 feet to the POINT OF BEGINNING, and containing 23.709 acres of land (1,032,785 square feet), more or less. Exhibit B -Metes and Bounds Description X. i C-~~e`I ~ ~~~~~~ i ~ j' ! y ~ ~ _ ~! ~~ r~~~ ~~~ ~R~~~+ I ~~ i[rffiftll'~~~1~ ~~i~t[i~~i~ ~~11t{tiff ~! j , ~ b' ;fllilllt~ ~t~l~~'~~l~t i~ ti~iiiiii 1 ,, Exhibit C -Zoning Exhibit ~i~~/ ` City of Colleyville City Hall 100 Main Str et ~~ e Colleyville, Texas 76034 °~~~"~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 04/26/2010 Agenda No.: 7b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of request for Special Use Permit for off-premise alcohol sales on Lot 1, Block 3 of the Heritage High School Addition located at 5100 State Highway 121, Suite C, Case ZC10-006 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Location of Beer Wine in German Deli Zoning Exhibit Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 04/26/2010 Planning and Zoning Commission Title Approval of request for Special Use Permit for off-premise alcohol sales on Lot 1, Block 3 of the Heritage High School Addition located at 5100 State Highway 121, Suite C, Case ZC 10-006 Explanation James Bowyer, on behalf of the German Deli, submitted a Special Use Permit (SUP) application to allow alcoholic beverage sales for off-premise consumption in the German Deli facility located at 5100 State Highway 121, Suite C. Zoning. The property is zoned CC2-Shopping Center district. Sales of alcoholic beverages for off-premise consumption are allowed in this zoning district with the approval of an SUP. Off-Premise Consumption. The applicant is requesting to sell alcoholic beverages that include beer and wine. Liquor sales would not be permitted. The German Deli is a retail store that sells mostly German foods, beverages and gifts. It currently occupies 5,200 square feet in Suite C of the larger 16,848 multi-tenant retail building. The store hours of operation are Monday through Saturday, 9 a.m. to 7 p.m. and Sunday, 10 a.m. to 6 p.m. The owner has submitted a site plan and floor plan depicting the location of the beer and wine sales in the existing lease space. City of Colleyville Page 1 Printed on 4/23/2010 Agenda Briefin_4 Continued Staff has not added the hours of operation or the floor plan to draft ordinance. On-Premise Consumption. On-premise consumption of alcoholic beverages would not be permitted on the property and is prohibited by state law. Distance Requirements from Churches, Schools and Public Hospitals. The Colleyville Code of Ordinances requires that businesses 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 Master 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 property to the north is zoned CC2-Shopping Center and is developed as a restaurant. The properties to the south are also zoned CC2-Shopping Center and are developed as a grocery store and retail center. The properties to the west are zoned CPO-Professional Office and are developed as offices. Public Notification. Staff mailed notices to 24 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 no correspondence to this 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 4/23/2010 Location and Zoning Map Notification List OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS Grapevine-Colleyville ISD 3501 Ira E Woods Ave Grapevine TX 76051 5401 Heritage Ave Old Badger Ltd 4214 Gatewa Dr Ste 100 Colleyville TX 76034 4214 Gatewa Dr Pmn Investments Llc PO Box 941107 Plano TX 75094 4204 Gateway Dr Sekin Famil Holdin s Ltd 634 Re enc Xin Southlake TX 76092 4215 Gatewa Dr Dfw Wnm Ltd 7321 Commercial Blvd E Arlin ton TX 76001 5150 State Hwy 121 A ers & Ayers Plaza Ltd 4205 Gateway Dr Ste 100 Colleyville TX 76034 4205 Gateway Dr Tak Enterprises Inc PO Box 171676 Arlington TX 76003 4012 & 4016 Gateway Dr Mills, Ga W 305 Au usta Ct Southlake TX 76092 4201 Gatewa Dr Crawford Partnership Lp 4113 Gatewa Ct Ste 100 Colle ville TX 76034 4113 Gatewa Ct Gateway West Group Lp 1452 Hughes Rd Ste 200 Grapevine TX 76051 4209 Gatewa Dr McMahan Real Estate Llc 6105 Tiffan Oaks Ln Arlington TX 76016 5120 State Hwy 121 Insi ht Ca ital Realt Co Ltd 4101 Gatewa Dr Colle ville TX 76034 4101 Gatewa Ct Smile Masters Ltd 4013 Gatewa Dr Colle ville TX 76034 4013 Gatewa Dr Ronald Walker Associates II 4009 Gatewa Dr Colleyville TX 76034 4009 Gateway Dr Klmm Ltd 4109 Gateway Ct Colleyville TX 76034 4109 Gateway Ct Mar matt Ltd 1513 Michael Dr Bedford TX 76022 4105 Gatewa Ct Bradford Commercial Properties 3209 Walker PI Grapevine TX 76051 5100 State H 121 Abs Tx Investor Lp 250 Parkcenter Blvd Boise ID 83726 4000 Glade Rd G Points Sc Ltd, 101 1St St Ste 476 Los Altos CA 94022 3930 Glade Rd G Points Sc Ltd 101 1St St Ste 476 Los Altos CA 94022 3930 Glade Rd Tsai Global Llc 28620 Matadero Creek Ct Los Altos Hills CA 94022 5000 State H 121 Rcc Herita a Glade Ltd 99 Main St Ste 200 Colle ville TX 76034 5025 Heritage Ave Rcc Herita a Glade Ltd 99 Main St Ste 200 Colleyville TX 76034 5017 Herita a Ave Hall, Charlie W Etux Helen F 4200 Glade Rd Colle ville TX 76034 2100 Glade Rd 3920 Glade Rd. LLC 15 20th Street S, Suite 501 Birmin ham AL 35233- 2000 3920 Glade Rd. James Bo er, applicant 2890 Market Loop Southlake TX 76092 applicant Wendy Edin ton, applicant 2890 Market Loop Southlake TX 76092 applicant Public hearing notices were mailed on Friday, April 9, 2010 by Amy Shelley. Statement of Planning Objectives~o. sox 92773 • Southlake, Texas 76092-0773 ~~~~ ~~~ ~ ~~~TM Toli Free 877-Germany (877-437-6269) 817-4i0-9955 Fax 817-421-5617 '~ Website: GermanDeli.com E-mail: sales@germandeli.com March 25, 2010 Statement of Purpose GermanDeli's GermanJEuropean Food store at 5100 State Road 121 in Colleyville, Texas has, since we first opened our doors on September 18'h, 2008, become a popular specialty store where customers from all over the Metroplex as well as those from cities as far away as Houston and San Antonio anticipate "one stop" shopping for their favorite German products. From appetizers to dessert, our customers purchase everything they need to create the perfect German meal, but have expressed disappointment that they can't top off their purchase with a bottle of good German wine or, perhaps, a hard-ta-find German beer. It is our intention to meet this need by providing a variety of German and European beers and wines in approximately 300 square feet of floor space within our 5,200 square foot store. We estimate sales of packaged beer and wine at our facility to be about $75,000, but most importantly, it will increase customer satisfaction levels and help keep more tax dollars in Colleyville. ~-,. ,.~~ ~ . ROI MARKETING SERVICES ANC. Location of Beer/Wine in German Deli c~~; ~~ ~~ ~ ~~ ~ ~ ~~ ~--~-~ ~ ~` Storage ~~4`0' ~ Beer/Wine ~~~ ~_ 6' CNN~. ~ I'~ ~' i -l`~, ? ~I 11 I II 1 IINI 1 I 1 i ~ ' I ~. ~ I ~~ ~~ 1 # ~ , i housewares ~; ~~ Zoning Exhibit _ ~, 1 ' ~I 9 ~ ~S=t . ' ~, ~ ~ ~ ~ y :iwYX'1 Y ' _ ~ N z i r _, „yam" __ ' aae ~ i ~ ~~ °~ ~~`~4: A' Ny~iaY~`5. ~~ _ ~~ ~ ~. ~ - ~ `. is ~ ~, {' _~~i ' y _ I w ,,,nM4bt~ ~Ntk,4'i t?Q~pp ~_ ~ ~ T _~~. -~ Z Y~ t ~. ~ -. ._ _ _--~--,~.-,~ - ~'~ ~ , ~~ ~. ~~ t ... 1 °" ~ _ ~~_ ~„ ~ ~ ~ ~ ~~k~ I ~ _ ~ ~ ~ t'-' _=~ y _ _. y q .~ :~ .. t i ; , _ y ~ _ r ~..., y ,. p ~i t „~ a I r 1 I ~~ ! ~V q~ s~ ,. t - F.- ` Location of ~ w ~~ ! ~ --~- .. ' ~ ~ ~ . ~ , y ~~ c Beer/Wine ~ __ ,. ~ ~ ai ~ ~ ~ ~~; ass- , ~ `T ~` Sales T ~ ~ ~ _ ~r ~ ~'~ . > i ~. ~'~~~ ' ` a _ , i*; ..., C l ~~ ~ ~ .~ ~• , ~` _ _~ -~; . S A+ } M ~ ~ I ~ ~ ~ _ ~ 3 ~ I i E ' L i ~ "'"~ w v..r ~ q 7(7( ~~ y a fl ~ f I w --~~ d. __ ,. `f ~ ~ ~ ~ ( ~ -- ~ tom:. ~ $ f, . ~ a 1 ~. ~ ~ q ~py.~ ~"' 3 M C q .~ 9 ~~p t t n i 4 ~ ~ ` -_. lS U'. d pi p ,. ~ . - ORDINANCE 0-10-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1, BLOCK 3 OF THE HERITAGE HIGH SCHOOL ADDITION LOCATED AT 5100 STATE HIGHWAY 121, SUITE C, BY AUTHORIZING A SPECIAL USE PERMIT FOR ALCOHOLIC BEVERAGE SALES 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 rezoning under Case No. ZC10-006; 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 0-10-XXXX Page 2 of 3 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 the approval of a Special Use Permit by authorizing a Special Use Permit for the sale of alcoholic beverages for off- premise consumption on Lot 1, Block 3, of the Heritage High School Addition located at 5100 State Highway 121, as depicted on Exhibit "A", Exhibit "B" and Exhibit "C". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of alcoholic beverage sales for the purpose of off-premise consumption as described in Exhibit "B" and depicted in Exhibit "C" of the existing 5,200 square foot area, Suite C, on the subject property. b. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. c. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Ordinance 0-10-XXXX Page 3 of 3 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 2010. The second reading and public hearing being conducted on the day of 2010. 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" -Location and Zoning Map Exhibit "B" -Statement of Planning Objectives Germarr~?~1'r'S Ge~manf ~uropeat~ Food story at 51(x3 State Read 32 3 in tolleyviNe~, Tt~xas >~,~i, singe ~+re first open~e~ our c-€~r~ ~~ 5~pt~erttk~~r ~8"'~ if3tl8, become a {popular specialty stogie where customea~s from alp over the Metrap~letc ~ wepp as tht~se from Cities as far away as ~-iaustr,n and fan Ant~snic~ anticipate `'"one stt~p" sb~~airrg fc~r their ~avarite German products, ~rorr~ appetizers to des~e~rt, our +~ustr3rners purchase eu~ryftuhing they n~~ tts create tt~e perfect German meal, but haws expressed disappt~ir~trtlent that they ~"t tbp ~~tF~~~r purchase with a battle of goad G~err~ta~n wine ar, perhaps, a hard~to-find German beer. p# is oar intention to meet this nee~~rl by pra~riding a uariet~t ofi~,errraan and European beers and wines in appr`tlxinnately ~~34 square feet at hoar space v~ithiri our 5,2~t4 sr~uare t~aot stgre. tdVe estimate sales of packaged Meer and wine at o~~r facilitq to be about $TS,f)pt3, tsut most impo~ar~tpy, it will tincrease customer satisfarrtior~ pevels and help keep rT~ore tax dollars in Colteyr~i(te. ,~ _. ~, ~ ~ ~. _ ~'~ ~ K f~~ ,~}~' ~ Exhibit "C" -Site Plan SITE PLAN ~a„~ r~ se ee ~nrty ~=~. -~ i--- w~ G Vp~ 1 t45 j ~, i ne 8` P9. 228T i ~~ ~ ~:- ~~ n ~ -' '~ ~ ~~ f A i -j ?' ~ f ' off.-a"~ p Lta'v i .1. ~~._...!, 3 % .-.. ! c 4~~ k ~i Y ~ $ ' '~ ~, Gd U ~ Sr« ~ h.. r~ e3 jj I:; ~ c ~~. '~. I ~ y- ... ~ w e ~ 3 ~~i ~' j suite e ~ m ~° ~ i~ N O ~ i ~ 5,200 ° = C r- n $ t ~ ~ y ~ k° 3 ~~ -_~ ~ ~ ~ _ «.... i ' ~ ~ ~~ i _r_ c ~ 4 f ~c I '' i t t i t s ' o iD ~ ~ ~ ~ ~ i i ~ ~ ~ a0 1 T i . -~j~-N-: ~ -3 c Lt ~~~ 1 j t"; i ~ E ~ ~Y ~'.. 3 m A ' _. --:> _ .. ~ ~~ ~ . ~, d ~i ! o ~ ,.1 h_~ ~ l,i ~ ~ ~ t i.~ :; :..... ~ , 1 E I ~ ~ ~ ~ 3 wu ,,,, , ~:~ ~ ~ ~ ~ ~ ,m ~ .j. _ x sax ~ ~ 1 ~ a ~ _ ~~ ~ Edge a ksphah Pvmt ~ $~ ~$ ~ s ~g~~State Hig hway 121 ~ ~~ (Southbound Service Rood) ~r