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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-7/12/2010City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~~ ~- t < <~;~ c r'~~,,«! Meeting Agenda Monday, July 12, 2010 6:00 PM City Council Chambers Planning and Zoning Commission ~~~ City of Colleyville {''~, ~~~ ~' Meetin A end g g a Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, July 12, 2010 6:00 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 CITY EMAIL ACCOUNTS FOR PLANNING AND ZONING COMMISSIONERS DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Phelps 4. 5. 6. 7. 8. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES June 28, 2010 RECOGNITION OF OUTGOING MEMBER Michael Clardy, Place 6 SWEARING IN OF NEWLY APPOINTED MEMBER Don Davis, Place 6 APPOINTMENT TO PARK LAND DEDICATION COMMITTEE City of Colleyville Page 1 Printed on 7/8/2010 Planning and Zoning Commission Meeting Agenda July 12, 2010 9. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 10. PUBLIC HEARING AGENDA ITEMS 10a Approval of a request to rezone 8.1 acres from the CC2-Shopping Center zoning district to the PUDC-Planned Unit Development Commercial zoning district on Tract 1 B1 of Abstract 1154 of the R.H. Survey located at 8100 Precinct Line Road, Case ZC10-017 10b Approval of a request for a Special Use Permit for a Package Store on Lot 2, Block 1 of the Glade Points Addition located at 4200 Glade Road, Case ZC 10-011 10c Approval of a request for a Special Use Permit for a Package Store on Lot 4B, Block 1 of the Brown Trail-West Addition located at 4405 Colleyville Boulevard, Case ZC10-012 11. A~JOUI~NMENT I hereb i~ertify the a on Friday, July 9, 201 agenda was posted on the bulletin boards at City Hall 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 7/8/2010 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~,.~ 1?~ ~~ 1<~~, Minutes -Draft Monday, June 28, 2010 6:15 PM City Council Chambers Planning and Zoning Commission "~ ~' City of Colleyville ,:4. i ~~~r~~~~'~-~~ -` ~ Minutes -Draft t=-.., Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, June 28, 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 ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on June 28, 2010 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Jeremy Hutt, Marty Wieder and Amy Shelley 3 INVOCATION The invocation was given by Commissioner Byerly. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Phelps moved to approve the June 14, 2010 meeting minutes with the correction of the word "sales" to "sells". Commissioner Rotthause seconded. City of Colleyville Page 1 Printed on 7/9/2010 Planning and Zoning Commission Minutes -Draft June 28, 2010 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for an amendment to the PUDR-Planned Unit Development Residential zoning and development regulations for the Cambridge Place Addition located in the 800 block of Creekview Lane, Case ZC10-015 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Redfearn questioned staff regarding how many lots are still vacant in Cambridge Place. Ron Ruthven replied that 11 lots remain vacant. Commissioner Byerly questioned staff regarding if the Fire Marshal was satisfied with the proposed lot coverage percent. Ron Ruthven replied yes, he had no issues. Commissioner Dudziak questioned staff regarding if the permits, issued for this development since staff's interpretation of lot coverage, have come in at the 50% under or at the allowable lot coverage. Ron Ruthven replied there are some permits that exceed the 50%, therefore, that is why they are requesting an amendment. Commissioner Phelps questioned for clarity that lot coverage includes the square footage under the garage. Ron Ruthven replied yes. He stated previously staff excluded the garage space and now staff interprets the entire area under the roof. He states this amendment will bring this PUD into compliance with their design requirements. Commissioner Byerly opened the public hearing at 7:11 p.m. Kent Roberts, the applicant and President of Cambridge Homes, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Roberts regarding if the Commissioners approve the 60% lot coverage will there be a need to have a permit for 65% lot coverage. Mr. Roberts replied no, the maximum lot coverage would be 60%; he stated the average lot coverage now is about 53%. City of Colleyville Page 2 Printed on 7/9/2010 Planning and Zoning Commission Minutes -Draft June 28, 2010 Commissioner Dudziak stated that just because the lot coverage percentage was not imbedded in the ordinance did not mean that there were no restrictions on lot coverage. Mr. Roberts concurred and stated the plan all along was to have between 40 and 60% lot coverage stated in the ordinance. Commissioner Redfearn questioned Mr. Roberts regarding if correspondence was received from the original request. Mr. Roberts replied yes and it has been provided to staff. There being no one wishing to speak, the public hearing was closed at 7:15 p.m. Commissioner Dudziak questioned staff regarding if there is something that can be imbedded into the interpretation so that if staff were to change, the interpretation could remain the same. Ron Ruthven replied the PUD is up for consideration. He further stated the Land Development Code does not define lot coverage, it defines buildable foot print. He stated staff is anticipating bringing in amendments to the Land Development Code for definitions. Commissioner Byerly stated the packet contains a letter from the developer for the original 2004 ordinance which identifies the lot coverage percentage to be 40 to 60%. He stated if lot coverage is not identified in the ordinance then the Land Development Code would remain the default. Commissioner Redfearn stated most of the small lot subdivisions have a 50% lot coverage. Commissioner Redfearn moved to approve case ZC10-015. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 5 -Knox, Redfearn, Rotthaus, Phelps, Byerly Nay: 1 -Dudziak Cify of Colleyville Page 3 Printed on 7/9/2010 Planning and Zoning Commission Minutes -Draft June 28, 2010 8. TABLED PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a Special Use Permit for a gas well site on 53.2 acres in the Hall Medlin and William E. Crooks Survey located at 7612 Pleasant Run Road, Case ZC10-003 Commissioners Byerly and Knox recused themselves from this item and signed an affidavit for the record. Commissioner Dudziak updated the Commissioners that a letter of withdrawal had been submitted by the applicant. Commissioner Rotthaus moved to remove this item from the tabled items. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 4 -Dudziak, Redfearn, Rotthaus, Phelps Commissioner Dudziak stated the public hearing had been closed at the previous public hearing. Commissioner Rotthaus moved to accept the withdrawal from the applicant for case ZC10-003. Commissioner Phelps seconded. The motion to accept the withdrawal from the applicant was approved by the following vote: Aye: 4 -Dudziak, Redfearn, Rotthaus, Phelps 9. ADJOURNMENT The meeting adjourned at 7:21 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, June 25, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 4 Printed on 7/9/2010 ,., - City of Colleyville City Hall ;.~ ~~~_ ~ 100 Main Street Colleyville, Texas 76034 ~'~x..~ 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: 07/12/2010 Agenda No.: 10a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request to rezone 8.1 acres from the CC2-Shopping Center zoning district to the PUDC-Planned Unit Development Commercial zoning district on Tract 1 B1 of Abstract 1154 of the R.H. Survey located at 8100 Precinct Line Road, Case ZC10-017 Attachments: Location and Zoning Map Notification list Statement of Planning Objectives Information Provided by Applicant Zoning Exhibit Building Elevations Concept Landscape Plan Concept Site Plan Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 07/12/2010 Planning and Zoning Commission Title Approval of a request to rezone 8.1 acres from the CC2-Shopping Center zoning district to the PUDC-Planned Unit Development Commercial zoning district on Tract 1 B1 of Abstract 1154 of the R.H. Survey located at 8100 Precinct Line Road, Case ZC10-017 Explanation Carl Willey submitted a request to change the zoning of 8.1 acres located at 8100 Precinct Line Road from the CC2-Shopping Center zoning district to the PUDC-Planned Unit Development Commercial zoning district for a mixed use development consisting of retail uses on 3.0 acres and an assisted living and memory care facility on the remaining 5.1 acres. Statement of Planning Objectives. The developer has provided a written Statement of Planning Objectives, which has been used for drafting the proposed PUDC ordinance for the subject property. The Statement of Planning Objectives describes the nature of the proposed development and includes a development schedule and a statement of development goals. A copy of the Statement of Planning Objectives is attached to this agenda briefing. Proposed Facility. The proposed facility, to be called Rosewood Park, will be exclusively dedicated to providing high level patient care and security for live-in residents suffering from varying degrees of dementia and alzheimer's. Other than the public reception area and City of Colleyville Page 1 Printed on 7/9/2010 Agenda Brieting Continued offices, the complex will be locked down and secured with high-tech security systems. The proposed facility will be managed by an Executive Director specifically trained to operate a dedicated dementia and alzheimer's memory care facility. A Marketing Director will serve as the facility's public liaison and interact with Colleyville's business community. A Director of Nursing will supervise resident care and the professional caregivers on staff. The proposed facility will utilize approximately 30 qualified staff members to care for the residents on a 24 hour basis. The proposed facility will provide private living quarters for a maximum of 75 full-time, long term residents plus a maximum of 18 cottage residents. The living units will range in size from approximately 375 to 400 square feet and will consist of a sleeping room with a closet and a full size, handicapped bathroom. The living quarters will be personalized and furnished by the resident with their own furniture. The proposed facility will have a central commercial kitchen that will provide varied daily meals and snacks for all residents. The proposed facility will be built to be a secure facility and will be operated on a 24/7 basis. The gated and fenced complex will feature monitoring systems and the resident's quarters will be equipped with emergency alert systems and each resident will wear a tracking device. Proposed Land Uses. The applicant is proposing that the alzheimer's facility be allowed to operate on tract two, while all office and retail uses permitted within the CC2-Shopping Center zoning district would be allowed on tract one. These uses include general and medical office uses, retail and service uses, banks and restaurants with or without drive-in or drive-thru services in addition to the assisted living and memory care facility. Hours of Operation. The applicant states the facility will provide care on a 24/7 basis 365 days a year. However, the building will not be open to the general public; therefore, there are no posted standard hours of operation. Guests will be permitted to visit residents at their leisure. The applicant states deliveries to the facility for food service and general delivery will be restricted to 7 a.m. to 7 p.m. daily. Site Plan. The proposed development will consist of a 60,000 square foot, single story building with associated cottage units for relatives or guardians of the residents. The cottage units will only be available to persons who have friends and relatives staying at the facility. The exterior of the complex will be constructed of stone, brick and Hardy Plank siding to blend in with the surrounding commercial and residential structures. The property will be landscaped and will feature walkways, park benches and small gardens. The interior of the complex will have three "pods" of resident living quarters, each providing a different degree of care. The pods will open to a large enclosed central court under a vaulted ceiling that features facade store fronts resembling a small town square. City of Colleyville Page 2 Printed on 7/9/2010 Agenda Briefing Continued Building Setback Waivers. The applicant is proposing a 25 foot building setback along Lavaca Trail. A 40 foot setback is required by the Land Development Code for a PUDC zoning district. The applicant is also requesting a 20 foot side yard setback along the east side adjacent to the residential zoning development known as the Villas of Colleyville. The Land Development Code requires a 25 building setback for commercial properties located next residential properties. These waivers have been added to the draft ordinance. Parking. According to the site plan, the applicant is providing 71 parking spaces for this development. The minimum amount of parking required to be provided by the Land Development Code for this development is one (1) space per every living unit. Since the development is proposing 93 living units (including the cottages), 93 parking spaces are required; therefore, according to the parking requirements of the Land Development Code, 22 additional parking spaces are required. However, the applicant states that the patients of the assisted living and memory care facility will not be driving, therefore they feel that 71 parking spaces are sufficient for the staff and the residents of the patients. This waiver has been added to the draft ordinance. Lighting. Staff recommends that all lighting be directed away from residential areas with a minimum of 0.5 foot-candle illumination as measured at the property line. Access. The applicant is proposing two points of access to the property with one from Precinct Line Road and one from Lavaca Trail. Open Space. The PUDC regulations require a minimum of 20% open space. According to the site plan, this development proposes an open space area equal to 38.28% of the total development, exceeding the PUDC development requirement by 18.28%. Amenities in the open space areas include walkways, park benches, small gardens and water features. Per the requirements of the Land Development Code, less than 25% of the the required open space will be utilized for stormwater detention. Fencing, Gates and Screening. The applicant will construct an eight (8) foot masonry screening wall along the east property line adjacent to the existing residential properties. A six (6) foot wrought iron fence with masonry columns (pilasters) has been depicted on the conceptual site plan to be provided along the property line adjacent to Lavaca Trail and the property line adjacent to the Liberty Elementary School. Both entrances to the facility will be gated. All gates must meet the construction and fire access requirements of Chapter 14-Engineering Design Standards of the Land Development Code. Landscaping and Buffering. The applicant has submitted a landscape plan that includes the planting of trees and shrubs all around the subject property with a heavy concentration along the east property line adjacent to the residential properties. The landscaping depicted on the plan meets the minimum requirements of the Land Development Code. The applicant intends to preserve all existing trees within the 20 foot landscape buffer along the eastern property line. The applicant acknowledges that any trees removed on the property will be subject to Chapter 5-Tree Preservation of the Land Development Code. Exterior Building Elevations. The applicant has submitted exterior building elevation City of Colleyville Page 3 Printed on 7/9/2010 Agenda Briefing Continued plans. These plans have been included within the draft PUDC ordinance. Staff recommends that there be no second story windows or openings on the east side of the building in order to protect the privacy of the residential properties to the east. Trails. According to the Colleyville Pathways Plan, a ten (10) foot wide concrete trail is required along Precinct Line Road and a five (5) foot wide sidewalk to be constructed along Lavaca Trail. The trails will be required to be constructed upon issuance of the building permit. Platting. The subject property will be required to be platted upon approval of the rezoning request. The applicant acknowledges this requirement. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Assisted living and memory care facilities containing 93 units are expected to generate 243 trips per day. Signage. The applicant proposes to have two (2) monument signs, one (1) located along the driveway entrance of Precinct Line Road and one located along the driveway entrance of Lavaca Trail. The applicant did not submit monument sign details therefore both signs will be subject to Chapter 7-Sign Regulations of the Land Development Code. Given that the sign to placed along Precinct Line Road will be an off-premise sign, staff has added language to the draft ordinance allowing the placement of an off-premise sign along Precinct Line Road for the proposed assisted living facility only. Master Plan. The Colleyville Master Plan designates this property for future retail uses. The portion of the subject property to be utilized as the alzheimer's facility does not comply with the plan as it is considered an office use. However, the portion of the subject property that will allow future CC2-Shopping Center zoning district uses complies with the Colleyville Master Plan. Economic Development Analysis. The self-contained Rosewood Park memory care facility proposed by Senior Living Resource Group is consistent with several of the objectives identified in the City Council's highest-ranked Strategic Point, "Make along-term commitment to economic development". For instance, the project will bring in people from other cities, is amedical-related facility and would increase commercial development along Precinct Line Road. The project is consistent with the adjacent medical office building to the north fronting Precinct Line Road, and DFW Construction (the company constructing the facility for Senior Living Resource Group) is also exploring development of a medical office building on the hard corner of Precinct Line and Lavaca Trail. Likewise, Senior Living Resource Group representatives have indicated that Colleyville based Rosewood Park will be their "flagship" facility, which they plan to use in training employees of similar facilities they plan to build elsewhere in the country. Moreover, once the project reaches 90% occupancy (Senior Living representatives project 95% within 12 months), Rosewood Park will employee 36 full-time equivalents at an City of Colleyville Page 4 Printed on 7/9/2010 Agenda Briefing Continued estimated annual payroll of $1.47 million. Senior Living Resource Group officials also indicate that Rosewood Park employees, "will receive a generous benefits package that includes health care coverage and bonus opportunities". This increase in daytime population and the associated payroll will help boost the City's efforts to retain and attract retail and restaurants (as well as impact the level of bank deposits within Colleyville financial institutions). Surrounding Properties. The properties to the north are zoned CC2-Shopping Center and are developed as Liberty Elementary School and office uses. The properties to the east are zoned PUDR-Planned Unit Development Residential and developed as single family residences. The properties to the south are zoned PUDC-Planned Unit Development Commercial and are developed as an office building and undeveloped. The properties to the west are located within the City of North Richland Hills and are single family residential uses. Public Notification. Staff notified 15 property owners within 200 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 one letter of opposition regarding this request. Summary. Although the request is not fully compliant with the future land use recommendations of the Col/eyville Master Plan, it nonetheless conforms to the economic development goals of the City's recently adopted strategic plan. The use is compatible with the surrounding uses and will be suitably screened from the adjacent residential properties. Recommendation Approval with the conditions stated in the draft ordinance. City of Colleyville Page 5 Printed on 7/9/2010 Location and Zoning Map 6500 6501 - ~' ~^p 6420 6421 ~„ r II~~ 6416 64'17 6416.. `~`- " 6412 6413 6412 z ` _ ~ : _~ ~~ 6408 6409 .:~'~~~ 6404 6405 6404 _ ~ - Site ~ 6400 ~. _ 6:~0~ ~ _ . ` = ~ ~ :a,~ ~~ - - f - N~ 4 6300 6341 6300 Precinct Line Rd. r ° `~ ,3 ~F . "w':~ 62.32 6233 ' ' ~ ~ . ~ ~ o~( , U t~ yr.ti s ` _ 6229 6212 ~ f y~ .~ c . ~ ra ab~- _ 622J ~,~-~ ~~ 6221 .j ~ ~ ' 6208 . ,`~.n,,, ,E 6216 62 17 ~~ 6213 ~: 6209 ~'^~ 6284 6204 6205 ~~ ~. Lai aca Trail 6216 PUDC R40 8090 6212. 1201 6208 8080 6204 11©"1 1013 6200 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 6525 Talbot Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 6524 Cimmaron Tr Keller ISD 100 Main St Fort Worth TX 76102 1101 McDonwell School Rd W Bojku, Afrim 5309 Colle ville Blvd Colleyville TX 76034 8192/8194 Precinct Line Rd. Martin,Ritz,Terry Prop Of Coll 717 Arcady Ln Colleyville TX 76034 6400 Cimmaron Tr Martin,Ritz,Terry Prop Of Coll 717 Arcady Ln Colleyville TX 76034 925 Talbot Tr Rcp Cedar Creek Park Ltd 32 Villa e Ln Ste 200 Colleyville TX 76034 Lavaca Tr (Subject Property) Rcp Cedar Creek Park Ltd 32 Villa e Ln Ste 200 Colle ville TX 76034 8180 Precinct Line Rd 8190 Precinct Line Partners 99 Main St Colleyville TX 76034 8190 Precinct Line Rd Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 6301 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 6300 Cimmaron Tr Crest Haven Properties Lp PO Box 631 Colleyville TX 76034 6233 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 6232 Cimmaron Tr Royal Kingdom Group Llc 6932 W Main St Frisco TX 75034 6229 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 6228 Cimmaron Tr Villas Of Colle ville Llc PO Box 1604 Hurst TX 76053 6225 Cimmaron Tr Martin,Ritz,Terry Prop Of Coll 717 Arcady Ln Colleyville TX 76034 6224 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 6221 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 6220 Cimmaron Tr Villas Of Colle ville Llc PO Box 1604 Hurst TX 76053 6217 Cimmaron Tr Post Rail Llp 1406 Post Oak PI Westlake TX 76262 6216 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 6213 Cimmaron Tr Ihle, Shauna 6212 Cimarron Trl Colleyville TX 76034 6212 Cimmaron Tr Villas Of Colle ville Llc PO Box 1604 Hurst TX 76053 6209 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 6208 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 6205 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 6204 Cimmaron Tr Villas Of Colle ville Llc PO Box 1604 Hurst TX 76053 6201 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 6200 Cimmaron Tr Ruggere, Judy 1013 Lavaca Trl Colleyville TX 76034 1013 Lavaca Tr Martin, Bonnie Stevens Est 1101 Lavaca Trl Colleyville TX 76034 1101 Lavaca Tr Linles Properties Ltd 1361 Cross Timber Dr Southlake TX 76092 8090 Precinct Line Rd Lavaca Trail Llc PO Box 69 Colleyville TX 76034 1201 Lavaca Trail City of North Richland Hills 7301 N.E. Loop 820 N. Richland TX 76180 courtesy notice Carl Willey, applicant 2402 Gravel Drive Ft. Worth TX 76118 applicant Public notices mailed on Wed. June 16, 2010 by Amy Shelley STATEMENT OF PLANNING OBJECTIVES For Rosewood Park Memory Care Community Precinct Line Road at Lavaca Trail, Colleyville, Texas Facility: Rosewood Park will be an up-scale, 60,000 sq. ft. single story, secure special use building with associated cottage units for relatives or guardians of the residents. It will be specifically designed to provide state-of-the-art memory care services for residents with Dementia and Alzheimer's disease. The exterior of the complex will be constructed of stone, brick and Hardy Plank siding to seamlessly blend with surrounding commercial and residential structures. The property will be richly landscaped and feature walk-ways, park benches and small gardens. The interior of the building will have three "pods" of resident living quarters, each providing a different degree of care. The pods will open to a large enclosed central court under a vaulted ceiling that features facade store fronts resembling a small town square. Uses: The facility will be exclusively dedicated to providing high level patient care and security for live-in residents suffering for varying degrees of Dementia and Alzheimer's. Other than the public reception area and offices, the complex will be locked down and secured with high-tech security systems. Activities: 1n addition to their routine personal activities, residents will be provided with a wide variety of life-fulfillment and memory enhancement opportunities. Residents will be able to participate in crafts, watch movies, play board games, work in the garden, walk the pathways, bird watch, play with a visiting pet and many other enrichment events. Rosewood Park will also provide cutting edge memory and life style enhancement service to enrich the resident's quality of life. Hours of operation: The facility will provide care on a 24-7 basis 365 days a year. Since the building will not be open to the general public there will be no posted standard hours of operation. Guest will be permitted to visit residents at their leisure. Deliveries to the facility for food service and general delivery will be restricted to 7 A.M. to 7 P.M. daily. On-site Management: The complex will be managed by an Executive Director specifically trained to operate a dedicated Dementia and Alzheimer's memory care facility. A Marketing Director will serve as Rosewood Park's public liaison and interact with Colleyville's business community. A Director of Nursing will supervise resident care and the professional care givers on staff. Staffing: Rosewood Park will utilize approximately 30 qualified staff members to care for the residents on a 24 hour basis. Resident quarters: The facility will provide private living quarters for a maximum of 75 full-time, long term residents plus a maximum of 18 Cottage residents. The living units ~: I .range in size from approximately 375 to 400 sq. ft. and consist of a sleeping ;. ..__ This document is the confidential property of Senior Living Resource Group, LLP and as such may not be duplicated or transferred without the express authority of the owner. room with clothes closet and a full size, handicapped bathroom. The living quarters will be personalized and furnished by the residents with their own furniture. Food service: The complex will have a central commercial kitchen that will provide varied daily meals and snacks service for all residents. Food products and supplies will be purchased from commercial providers and will be prepared be a professionally trained staff. Security: Rosewood Park will be built to be a secure facility and will be operated in such a manner on a 24-7 basis. The gated and fenced complex will feature state-of-the- art monitoring systems. Resident quarters will be equipped with emergency alert systems and each resident will wear a tracking device. Traffic: The complex will not generate a significant amount of vehicle traffic. The residents will not drive nor keep vehicles on the property. Traditionally institutionalized Dementia and Alzheimer's patients have relatively few guests so the main source of traffic will be the facility's limited staff arriving and departing during shift changes. Impact on Surrounding Neighborhood: The complex will have limited impact on neighboring property. The facility will be up-scale in appearance, quiet, have only modest traffic, be completely self-contained and well maintained. With quality construction, green belts, walk ways, and natural landscaping, the facility should blend nicely into the local community. Emergency services: Rosewood Park should not require significant attention from the City's emergency services. The grounds will be secured and closed to the general public so there should be minimal need for police services. The complex will be built to comply with all current life -safety codes and city ordinances. No activities are planned for the complex that will increase the risk of fire. While the clientele will be primarily senior citizens with memory impairment they will be cared for by trained health care providers. It is anticipated that the impact of the facility on City EMS will be minimal and possibly no more than 1-2 tails per month on average. Visitors and Economic Impact: Long-term residents of Rosewood Park will be attracted into the facility not only from Colleyville but outside community. Guests will come to visit their loved ones and bring disposable dollars into the City's retail community. In addition, as the flagship location of the Rosewood Park chain the Colleyville complex will be used as a training location which will bring an on-going flow of company employees into the City. Project Schedule: The development is scheduled to begin construction January of 2011 with a completion date projected in October 2011. ~. This document is the confidential property of Senior Living Resource Group, LLP and as such may not be duplicated or transferred without the express authority of the owner. Information Provided by Applicant Zoning Application for Rosewood Park, Assisted Living Facility 1. Land Description A. Legal Description of property to be rezoned is Lot 1 and Lot 11, Block 1 of the R.N. McEwing Survey, Abstract No. 1154, City of Colleyviile, Tarrant County, Texas. 2. Application A. This property is subject to all regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 3. Permitted Uses The following land uses shall be permitted within this Planned Unit Development. Tract is A. AEI uses allowed in CC-2 Shopping Center Zoning District. Tract 11: A. Assisted Living Center. B. All uses allowed in the CC-2 Shopping Center. C. Residential Cottages associated with the Assisted Living Facility. 4. General Regulations for Assisted Living Center A. For the purposes of this ordinance, an Assisted Living Center shall mean an establishment that furnishes food, shelter, and personal care services to the tenants of the establishment. B. For the purposes of this ordinance, personal care services shall mean: 1 } Assistance with meals, dressing, movement, bathing, or other personal needs or maintenance. 2) The administration of medication by a person licensed to administer medication. 3) The assistance with or supervision of medication; or general supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain a private residence in an Assisted Living Facility. 4) Assistance to manage the person's personal life, regardless of whether a guardian has been appointed for the person. C. This facility shall be licensed as a Type A Assisted Living Center by the Texas Department of Human Services as required for the Assisted Living Facility Licensing Act. Proof of such licensing shall be required prior to the issuance of a Certificate of Occupancy for this property. D. The number of residents in the Assisted Living Center shall not exceed seventy-five (75) people. The number of people living in the cottages shall not exceed 18 people. E. This facility shall not constitute a halfway house, rehabilitation facility, or any other type of facility whereby individuals receive guidance or assistance in the transition from institutional care to normal social activities and treatment, counseling, or other services related to such rehabilitative services. F. Cottages provided in conjunction with the Assisted Living Facility shall be provided only to relatives or guardians of residents at the Assisted Living facilities. G. A monument sign for the Assisted Living Facility will be allowed adjacent to the access easement and existing drive from Precinct Line Road as shown on the attached site plan (Exhibit A). Sign shall not exceed 60 sq. ft. and 6'-0" in height. The sign may be for multi-tenant on single tenant purposes. H. A 6'-0" wrought iron fence with masonry pilasters shall be provided on two sides of the Lot II and an 8'-0" high masonry wall will be provided on the north and south boundary of Lot Il. i. The building line setback at Lavaca Trail and Precinct Line Road shall be 25'-0" from the R.O.W. J. There will be a 10'-0" buffer yard and side yard setback on the east side of Tract II adjacent to the Residential Zoning. K. There will be a 10'-0" building line setback on the north boundary of Tract II adjacent to the Commercial CC-2 Zoning. L. The percentage of total required landscaping in the front yard will be 38.28% at the time the cottages are constructed. (f not constructed, the front yard landscaping will be 50% of the total required landscaping per City code. M. The Assisted Living Facility will be designed and constructed in substantial conformance to the site plan elevation rendering (Exhibit B) and concept landscape plan (Exhibit L). 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SURVEY FROM THE CC2-SHOPPING CENTER ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC10-017; 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 designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to 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 othenivise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-10-xxxx Page 2 of 5 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 Tract 161, Abstract 1154 of the R.H. Survey, from the CC2-Shopping Center zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in the attached Exhibit "A" and is described in Exhibit "B". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for an assisted living and memory care facility. b. This facility shall be licensed as a Type A and Type B Assisted Living Center by the Texas Department of Human Services as required for the Assisted Living Facility Licensing Act. Proof of such licensing shall be required prior to the issuance of a Certificate of Occupancy for this property. c. This property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. All uses permitted in the CC2-Shopping Center commercial zoning district shall be permitted as part of this development but shall be limited to the 3.02 acre tract adjacent to Precinct Line Road as described in Exhibit "B". 3. HOURS OF OPERATION a. Deliveries to the facility for food service and general delivery will be restricted to 7:00 a.m. to 7:00 p.m. daily. Ordinance 0-10-xxxx Page 3 of 5 4. CONCEPTUAL PLAN AND PLATTING a. The development shall be generally consistent with Exhibit "C", which shall not be considered the preliminary plat. b. The developer shall submit and receive approval from the City of Colleyville a minor plat in accordance with the requirements of the Land Development Code prior to development of this PUDC. 5. BUILDINGS a. The maximum square footage of assisted living and memory care space for this development shall be 60,000. b. Building elevations shall be consistent with the elevations shown on Exhibit "D". c. There shall be no more than 18 cottages allowed for this development. The cottages shall only be available to friends or relatives of the residents of the assisted living facility allowed by this ordinance and shall not be rented for any reason nor shall they be sold unless they are sold in conjunction with the entire facility. d. There shall be no windows or openings on the second story of the east side of the building. e. Exterior construction materials for all buildings shall be composed of stone or brick with hardy plank allowed for building accents. f. There shall be a minimum 20 foot building setback along the eastern property line where it is adjacent to residential zoned and used properties. g. There shall be a minimum 25 foot building setback along Lavaca Trail. 6. OPEN SPACE a. This development shall provide a minimum of 38.28% common open space, as shown on Exhibit "C". All open space areas shall be landscaped and maintained by the property owner as shown on the attached Exhibit "E". b. The distribution of landscaping on the property shall be in accordance with the attached Exhibit "E" labeled Landscape Plan. At a minimum, all landscaping shall comply with Chapter 4- Ordinance 0-10-xxxx Page 4 of 5 Landscaping in the Land Development Code. 7. SIDEWALKS AND PATHWAYS a. The trail along Precinct Line Road must be at least ten (10) feet wide. The sidewalk along Lavaca Trail must be at least five (5) feet wide. The trail and sidewalk must be installed when any new structures are built on the property. $. PARKING a. This development shall be required to have a minimum of 71 parking spaces. 9. LIGHTING a. All light poles shall be no higher than 18 feet and lighting shall be of a boxed can style and directed away from adjacent residential properties. Illumination from light poles shall not exceed 0.5 foot- candles as measured from any portion of the property line. 10. FENCING AND SCREENING a. A six (6) foot masonry fence with stone columns shall be constructed along the property line adjacent to Lavaca Trail. b. A minimum eight (8) foot masonry fence shall be constructed along the east property line adjacent to residential properties. The fence shall be constructed so as to obscure the view from the residential lot, use or district to everything below the roof eave of all buildings in the assisted living facility. c. All gates shall meet the gate requirements of Chapter 14- Engineerign Design Standards of the Land Development Code. 11. SIGNAGE a. One off-premise monument sign shall be allowed along Precinct Line Road advertising this development. Otherwise all signs shall meet the minimum requirements of the Land Development Code. Sec. 5. 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. 6. 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 Ordinance 0-10-xxxx Page 5 of 5 in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. 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. 8. 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. 9. 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: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map ~ ~ ~ u I~ h~l ~~ ~ I ~ I. hy~~~ ~~~. ~;:~ tr, ~1 ~7 Ra ~=, ~i12' ~1>3 ~~12 F<i~a~ r.. G1{J~ ~. F~as Baas r_z bite ~~ro r~'~~ ~~ ~ ~. r~ ~ ' , ~ ~~ ~R II ~ Pt. DR a r~.,~ i roc P'r+ecanrt Li1~e mod,. ~~~ ~~~~ f~29 3.212 ~~ ~?"5 pro B221 0,203 ~ ~2~~ ~~`' ~`~ h213~ 6 -~ ~y~ SS ,~ ~"' ~` La3-~ra I'r;~il OL C IJ PL'I}~' R-~d 8(~7 ~~ 12' 1201 626 $U8+0 3~p4 11f31 1411.3 3~ 0 Exhibit B -Legal Descriptions ~,+1y2 Ac Pr+a1~3' ~escript;iott l3eitt~ ~t 3.Q~ acrrr tract tan parcel of laud situated in the IZ.IV. IvtcErvin~ Survey, Akastxact l~lo, f 3~4 ir- the ~'tty of Cnlltyville, Taa-r€~nt Cotrr~ts~, Texas, said firact taei><'Eg a l~ortic~n of a tract ctf land conveyed ter at ILCP Cedar Creek Para:, Ltd as dtse;ribrd in 3~ocument Nurtaiaer ia2tl53t?4543 of fhr; Deed Tiecords t'!f Tarrant Ctrunty, i ~x~,s, said 3.a2 acre tract nxore particcrlsrly descrit~ed by metes and bounds as fcrllorvs 33EG1NI~TII~lG at a. Texas Departrnertt of Trarrsportatic~n lxrass desk in eoncrete found at the sc~utlst ~cutb~k of the intersec#ion cif the ttort~t Eine of Lri~ttca Trail {~0' RC?W) at-d the r~rt line of>:,l+~i. Highway No. 3ii2'~ (Precinct Lire Ro>:xd} (variat-~le +~~idth itt3~t~}; Thcrrce~ 1~lorth ~5°q~l'3ta" West a1onF paid cubaelc lute fora distance of 35.33 feet to a Texas l7~epartment nf' Transprartation Ix~aSs disk frntnd far earner in the east lint r5 s€cid l~.lvi. 3 iigh~~a}~ 3t?~~; Thetact: North {f0°IS'2G" Ufext along the east litre of said I.M. H%ghway 3D29 for a dis#arrce of 31 t3,Ut] feet to an "x" in +ccrncrete fotrrtd for corrt,cr at the southwest earner mf Lot 3, Biook 1, M~dows Creelr: Plaaa, an addition to the City cf Collcyvillt tecercln to the plat tl~rtof recorded in Cabinet A, Slide. lit of the Flat Records ofT'arrant rSUrtt~, Texas, Tlrenr~e. South 89°SS~Qi,I" t.~'est with the sattth line ot` said T.ctt 3, Blcaclc 1, at 2t3~.?3 feet passing ara "x" fcrurxl rr c~orr~:.rrt~- at l~~ southeast comer of said Lot 3, Block 1., same treittg the utlr~~,~cst corner of Lot. ~l, Black 1,14'leadntus Cstek Pla;ra ~a3rliticrn an addition to tfie f;ity of C Qlle~rville aceortting to the plat recorded. in C'.ttUinat A, Slide 3136 cf the Plat Reccrcls of Tarrant Cnurrty, Texas, and contixetting along tf~ south line of said Lot 4, 131oc1~ l a total distarnce of 33.9? feet to an "~°" found rr cat~ncretci for c:~tartier at the sautlreast earner crf mid Lot 4, T31aek l; "l`lrretrce: South ~4°b5'Utl" ~~fest for a distance of 4x.83 feet to p paint far cornerx 'I'lrctrce; 5nutli 23'~~'~'4U" l'~ast ft~r a disTrrrtcc of 272.2 feet #o a lacsint fcr com+ar; Tlrextcc; South ~°~J5'(3" l~~'est ftir a distance of 4i.S~L feet to a paint foe earner in the north line of said Lavaca Trail; Thence. North 89~'S5'3~" Est tivitla tlrr n~artir line of said Lavaca 'frail for a distance of A23.59 feet to tine PCfII`1T +C-F i3EG1Nl~I1~lG and C©ntaining 3.U2 rrtres of land rraart or Itss. ~.C16 Ac Praper#y ~e~etri~tion Beeng a S.Qfs acre tact on parcel of land situated in the It tel. ArlcFvving Survey, A.bstaa~r.~t l+lo. 115A in t6c City tYf Colleyville, Taa~rattt ~avnty, Te:~asr amid tract being a Portion of a tract of txnct cc~in~cycd to RCP Cedar Creek F'ari:, l„,tcl as dese:rild iv l~oc~inacni iwlvmhes D2pS3t}4SEt3. at' the Decd Records of Tarrant C~~mty, Teacas; said. 5.~6 store tract metre particttlarl~ described try metes and bounds as fallavs: CC1Mt4~NCING at a Texas I3epartntept of Trmttsportm[ion brass disk. fioavxl at the srtutltctast cvtbs~k fine of tlau west Tine of F.M.1°Tighwpy 309 ~inc# Line Remd} {varistble wid#h rght+af ~;vay) stud the Harsh line of Lavacm Trail {6t?' Rt:}Wj, `I°ltence: 5~utli $'~°55'Ut?'' Wcst with the north Line of said l.avmca Trail. far a distmrace of 42_i,G~3 feet tta the: Pt~II~iT G1F' BEGTNNIIVC.; Tlts:nce: North (lil°E}~'i~it" 1~Vc~t i'e7r a distance of ~1.f1? feet. to m paint frrr earner; `Cheucr: Nartlt ~ ; °~t c~y~t}~ West. fior a distance of 272.4 feet tai ~ paiatt for corner; Thence;: North t?pQ05'4~" West art ?13.1 feet passing ap "x" found in cancrr+ete at the southeast at~rner of Let 4, l3laclC 1, Mcadexws Creak Plaza Pzddition, an addition to the City af' Culleyvilte per the plat recorded in Cabinet A3 Slide I1536 of the Plat Records of Tarrant Gaunty, 'Cextts, and continuing along nn east line of said l.at 4, Blacl€ A, a total distance of 77.84 fist tat a point for cornea, Thence: lwletath t33°l7'S5" V+rest with east line of grid Lot. 4, Etlack A, for a distune:+e exf 3 34.23 feet fa m point far corner Thea>ez; North. {f2°45't}4~' Vr'est f[ar m distaance of 1 U3,9f1i feet to ss point far uartter in the north lute; of said RCP Cedar Crlc Park, Ltd tract, said point being the rtartiteast cater of said Let ~, Mack 1, Meadow Creek Plaza Addition; Thesace; South. 89°'S5'E74" West with. rite Werth line of said RCP Cedar Grerk Park, Ltd tract. for a distance o#'4~7.371cet to a point for corner at the northeast cara~r taf said P,CI' Cedar Creek Paris, Ltd track. Tlte:nce: Savth 03°47'13" \Vest with the rust line of said lt~";P Cedar (":rc~k Park, Ltd tract far a distance of 6113.24 fact tom poem for ecarne:r at the savtlteast corner of said RCP Cedar Ctk Park ,1,tel tract, seed punt teeing in the Werth line of said Lavaca 't'rail; Thence: North 89"5S'44" Enst with the south Pane of said RCiS C:edmr Creek Park, I~td tree#, serve being the north line of saaid Lmvaca Trail to #hc POINT OI? 13EGIl~TN[l~G and captaining. S.t16 acres of laatd tnarz~ car less. Exhibit C -Conceptual Site Plan _..~~ f i {I ~~' ,III ~~ T~. ,r ~, II~ f eus Fv. ,=1r.~ ~ 1 1 ~- { ~, ° '1'RACTII - ~ t i.~i~:- 1 ~ aae RC I . i ~~ ~-~~ ~~ ~~st ~ ~ i q ; ; i ~( .,,. ~ t. ~~ h; ~ ~_•-~- 3 1: / ~L ~. k! ---~af~ ~ ~ ~Y - I ~ G. ~S_C ~. t :. ~,.akt I ~ .P ;. jaz l.iui:~w: ty~ Ir1 ~ - ~ Cem~ren:r~ t .,. ~i exc ~~'"y ~ iz \l 1 ornxti-•a-~~ ~~~~ ~~ ~ ~I111~ ~ ~~..' ~ I t %i~ ~- 4 j ~~ ~,'~ l L~ ~ ~ ~ '~ 1 ~'~ ` L ~_ , (! D€VE~EMT \ t ~ TRACT I ~l"7a~PSM; F ' v t ~ 3.62 A~ \ t ~S ~ ~ ' 1 mw t .~ ~I r-~ ~ ~ ~~ ,, , , .....~ ... _.. _ J ~ .. _.I,... ~'., ..~ ~. F.avaca Tral~_~.___~__ `~. ~ ~,~r _ t vuo-c zu+~rr =MBV%H3N ~~ iV' 1. ,~ a~, o „~a SitmisismlV~ ?.~el~tdh ~ ~ :,~, 3+3 --~~.' . e~uic Exhibit D -Building Elevations ~~ ,~ _ _ _ i S ~ ~ y~ ~' I~ ~~ ~I r u~.o~ ~ _ 57i8lItLHX1: HEiQ .. _ • _ - ~ ~. f ;" ~ Z ~ q ~' Z '~ ~ ~ ~ °r~~ i ~'~an ~ ~ v ~} x~]~~'Jr ~ Q 9 Wf}~ ry - : ~ ~, ~~~T~~ x Wr„ ~ f ~'} ~ ~s {~~ ~ Q t.: I~R' ~ ~~~~ ~ ~ s-;-` ~ ~ k a~ a------ ~; ~ ~~`' -~ -- rn ~~ <~ r r ~ m m 1, ~= ~~-: ~ x ~ ~~ ~- , .~ ~.. ~ ~"} `~ ~ ~ ~~- ~ ~,i ~ << ~~ - ~ ~~ r° a Exhibit D -Building Elevations Cont. Exhibit E -Landscape Plan _~~~ ~ ;~ ~~~ ~1~(-t ' I31 Ij ~ i l 1( ~. ~ 3 '~1 ~I Ii ~; ~~ -y ~ ~` S I ~} I ~ ~C3 TatIN6 ~~ ~~ i ~s`fl=''t~~ ~ I ~ { ~ =:lLir_ F pg E spd $ !~YILAYi'!~ I 5 y ~ ~I_iFC ^~i~~a i s~L-1'F~ i ',SI ~i -.j- ~.. , a~.~~k [ e.'is"r ~at~ye ,. elaYi ~C~iU C T.-'x' n ~.w ~ ;,~,` ~ ~` ~~~ City of Colleyville 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: 07/12/2010 Agenda No.: 10b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Special Use Permit for a Package Store on Lot 2, Block 1 of the Glade Points Addition located at 4200 Glade Road, Case ZC10-011 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Development Review Committee Memo Applicant's Response Landscaping, Site and Parking Plan Security, Floor Plan and Building Elevation Proposed Wall Sign Crime Prevention Recommendations for Convenience and Package Stores Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 07/12/2010 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for a Package Store on Lot 2, Block 1 of the Glade Points Addition located at 4200 Glade Road, Case ZC10-011 Explanation Charlie Hall has submitted a request for a Special Use Permit (SUP) in order to operate a package (Liquor) store called "Hall's Wine & Spirits" at 4200 Glade Road. The proposed package store will encompass 8,000 square feet of the existing building with the remaining 1,570 square feet to be utilized as a convenience store with beer and wine sales only, currently allowed under Ordinance 0-81-430. The applicant intends to continue gasoline sales on the property. The Texas Alcoholic Beverage Code requires a solid opaque wall to be maintained between any package store and any business that shares the same building. Therefore, the convenience store operation will be completely walled off from the package store and will be a completely separate occupancy. The gasoline sales will be processed from the convenience store. Existing Zoning and Development Conditions. The property is zoned CC2-Shopping Center and is platted. Package stores are allowed in the CC2-Shopping Center zoning district with the approval of an SUP. The property is developed as Hall's Grocery, which is a 9,570 square foot convenience store with gasoline, barbeque, firewood, plant and propane sales. City of Colleyville Page 1 Printed on 7/9/2010 Agenda Briefing Continued Staff Review and Analysis. Staff analysis of this request is written as if the proposed request is a new development on an undeveloped site. Therefore, any request by the applicant that does not meet current Land Development Code requirements is noted below along with recommended remediation: Site Plan, Landscaping and Parking. The site plan submitted by the applicant indicates no additions to the building and also shows proposed parking and landscaping. Parking The Land Development Code requires one parking space per 200 square feet of gross floor area for general retail uses such as convenience stores and package stores. Based on this requirement, the applicant is required to provide a minimum of 48 parking spaces. The site plan provided by the applicant indicates only 39 parking spaces, including parking provided at the gasoline pumps. Staff recommends the following with regard to parking: (1) that there be a minimum of 48 parking spaces provided on the subject property, (2) the applicant provide a shared parking agreement with the adjacent property owner to the north and west, and (3) as part of any shared parking agreement, the applicant pave a 24 foot wide driveway connection from the subject property to the parking and fire lane on the adjacent property to the north in order to provide an additional means of access to and from off-site parking during peak sales periods. These stipulations have been added to the draft ordinance. Site Layout The applicant proposes to remove the plant and flower sales from the subject property as part of this request. However, the applicant requests that the current propane sales operation, propane tank and firewood sales be allowed to remain on the property. The propane tank and support structure currently encroaches on the 40 foot building setback along SH121. Additionally, the CC2-Shopping Center zoning district standards found in the Land Development Code prohibit outdoor storage and sales of any kind. Therefore, staff recommends that the propane sales operation, propane tank and firewood sales and storage be removed from the property as a condition of any SUP approval. This condition has been added to the draft ordinance. Landscapingg Chapter 4-Landscaping and Buffering in the Land Development Code requires a minimum of one (1) three inch caliper tree to be planted for every 40 feet of frontage along collector and arterial roadways. The subject property contains approximately 200 feet of frontage along both SH121 and Glade Road. There are currently five (5) trees located along Glade Road with none along SH121. The landscape plan submitted by the applicant shows only four (4) trees along Glade Road with none along SH121. Additionally, a minimum of one (1) five gallon shrub is required to be planted for every five (5) feet of frontage along any roadway frontage. The landscape plan shows no shrubs. Staff recommends that all landscaping meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. This condition has been added to the draft ordinance. Dumpster Locations The site plan shows two (2) dumpsters located along the front of the property adjacent to SH121, which is the current location of the dumpsters for the existing business. Staff City of Colleyville Page 2 Printed on ~iyi~uw Agenda Briefing Continued recommends that the dumpsters be located behind the front building line and be screened with a minimum six (6) foot wood or masonry fence as required by the Land Development Code. This condition has been added to the draft ordinance. Access and Traffic Generation. Access The site contains three (3) driveway approaches. One (1) approach connects to SH121 while the other two (2) connect to Glade Road. As stated above, staff recommends the applicant pave a 24 foot wide driveway connection from the subject property to the parking and fire lane on the adjacent property to the north in order to provide an additional means of access to and from off-site parking during peak sales periods. Traffic Generation The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. There is no category for package stores in the publication. Therefore, staff has estimated traffic generation based on convenience stores with gasoline sales. Convenience stores with gasoline sales containing 9,570 square feet are expected to generate 930 trips per day, on average. Hours of Operation. The Texas Alcoholic Beverage Code mandates that all package stores cannot sell, offer for sell, or deliver any liquor on: New Year's Day, Thanksgiving Day, or Christmas Day; on Sunday; or before 10 a.m. or after 9 p.m. on any other day. When Christmas Day or New Year's Day falls on a Sunday, the store must be closed the following Monday. Building Design. According to Chapter 6-Building Design in the Land Development Code, commercial buildings located in the CC2-Shopping Center zoning district require a minimum design score of 25. The subject building, as it currently exists and is proposed, contains a design score of 24. signage. Per the attached exhibit, the applicant proposes to add a wall sign to the portion of the building facing SH121. The sign measures five (5) feet x ten (10) feet and reads "Hall's Wine & Spirits". There are no changes proposed to all other existing signage on the property including the wall sign on the south side of the building and the 30 foot freeway pole sign. Pursuant to Section 108.52 of the Texas Alcoholic Beverage Code, the lettering of any signs advertising the package store may not exceed 12 inches in height. Staff recommends the following with regard to any signage: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in Land Development Code; (2) that there be no package store advertising allowed on the existing freeway pole sign; (3) that there be language in the draft ordinance adopting Section 108.52 of the Texas Alcoholic Beverage Code by reference, thereby enabling the City to enforce the state sign provisions in addition to any enforcement by state inspectors further ensuring compliance. Staff also recommends that upon abandonment of the business authorized by this Special City of Col/eyville Page 3 Printed on 7/9/2010 Agenda Brietinp Continued Use Permit, all signage advertising the package store be removed in its entirety at the expense of the business and/or property owner within six (6) months of abandonment. The sign provisions noted above have been added to the draft ordinance. Store Layout and Crime Prevention. The applicant has submitted a floor plan detailing the proposed location of all items to be sold, check-out points and security cameras. In terms of crime prevention, staff recommends that all package stores be required to comply with the attached Crime Prevention Recommendations for Package Stores and Convenience Stores. This document has been added to the draft ordinance as an exhibit. Proximity Information. The following measurements detail the proximity of the proposed package store to the uses listed below as well as other package store applications on file. All measurements are calculated based on a straight line drawn from the closest point of the subject property line to the closest point of the property line of the closest use or package store application in Colleyville only: • Distance to closest residence: 1 572 feet • Distance to closest school: , 1 025 feet • Distance to closest church: , 2,234 feet • Distance to closest day care: 1,182 feet All distances noted above comply with the minimum distance requirements of the Section Six-Alcoholic Beverage Regulations of the Code of Ordinances. Distance from other active package store requests: • 4405 Colleyville Boulevard • 62 Main Street • 7171 Colleyville Boulevard • 3809 Colleyville Boulevard • 7101 Colleyville Boulevard • 5232 Colleyville Boulevard 3.6 miles 3.2 miles 2.8 miles 4.3 miles 2.8 miles 3.1 miles Surrounding Properties. The properties to the north are zoned CC2-Shopping Center and are developed as retail uses. The properties to the east on the other side of SH121 are located in the City of Grapevine and developed as retail uses. The properties to the south are located in the City of Euless and developed as retail uses. The properties to the west are zoned CC2-Shopping Center and are developed as retail uses. Master Plan. The Colleyville Master Plan designates this property for future retail uses. The use of the property as a package store complies with the plan with the approval of a Special Use Permit. Public Notification. Staff notified five (5) property owners within 500 feet of the subject City of Colleyville Page 4 Printed on 7/9/2010 Agenda Brietin4 Continued property regarding this request. Notice was also sent to the cities of Grapevine and Euless. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Staff Analysis and Summary of Recommendations. Staff has written the draft ordinance such that it contains all recommendations specified in the briefing. The following is a summary of staff recommendations: All parking shall meet the following conditions: (1) that there be a minimum of 48 parking spaces provided on the subject property, (2) the applicant provide a shared parking agreement with the adjacent property owner to the north and west, and (3) as part of any shared parking agreement, the applicant pave a 24 foot wide driveway connection from the subject property to the parking and fire lane on the adjacent property to the north in order to provide an additional means of access to and from off-site parking during peak sales periods. 2. All dumpsters shall be located behind the front building line and be screened with a minimum six (6) foot wood or masonry fence as required by the Land Development Code. 3. The propane sales operation, propane tank and firewood sales and storage be removed from the property as a condition of any SUP approval. 4. All landscaping meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. 5. Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within six (6) months of abandonment. 6. All signs shall meet the following conditions: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in Land Development Code; (2) that there be no package store advertising allowed on the existing freeway pole sign; (3) that there be language in the draft ordinance adopting Section 108.52 of the Texas Alcoholic Beverage Code by reference; thereby enabling the City to enforce the state sign provisions in addition to any enforcement by state inspectors further ensuring compliance. 7. All package stores shall be required to comply with the attached Crime Prevention Recommendations for Package Stores and Convenience Stores. The following is an analysis of the request, as submitted by the applicant, in terms of compliance with current Land Development Code and Code of Ordinance requirements as specified below: Complies with parking regulations? No Complies with landscaping regulations? No Complies with sign regulations? Yes City of Colleyville Page 5 Printed on 7/9/2010 Agenda Briefing Continued Complies with minimum building design score? No Complies with outdoor storage restrictions? No Traffic Impact Analysis required? No Proposed Use is over 300 feet from church, school & hospital? Yes Recommended Actions The Planning and Zoning Commission has the following options regarding action on this item: 1. Recommend approval as submitted (with listed conditions in the draft ordinance); 2. Recommend approval with additional condition(s); 3. Tabling the agenda item to a specific date with clarification of intent and purpose; 4. Recommend denial. City of Col/eyville Page 6 Printed on 7/9/2010 Location and Zoning Map 5284 PUD~ a~ _ s1~o ~. ~~AA 5057 _5058'; 5053; 5954 3829 City of Euless 4201 Subject Property n 0 N (D ~~ fD V/ 2 3 N Notification List OWNER OWNER OWNER NAME OWNER ADDR OWNER CITY STATE ZIP SITUS ADDR Bradford Commercial Properties 3209 Walker PI Grapevine TX 76051 5100 State Hwy 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 Tsai Global Llc 28620 Matadero Creek Ct Los Altos Hills CA 94022 5000 State H 121 Hall, Charlie W Etux Helen F, applicant 4200 Glade Rd Colleyville TX 76034 4200 Glade Rd City of Euless Planning and Development 201 N. Ector Dr. Euless TX 76039 courtesy City of Grapevine Planning and Zoning P.O. Box 95104 Grapevine TX 76099 courtesy Public hearing notices were mailed on Tuesday, June 29, 2010 by Amy Shelley Statement of Planning Objectives Proposal from Ha11s Grocery Hours of operation 10:OOam to 9:OOpm M-S Closed on Sunday also on major holidays Credit card gasoline 9:OOpm-10 :OOam Doing Business as: Halls Grocery 4200 Glade Road Colleyville Texas Presently selling gas,beer,wine produce,deli and propane Proposing doing busineess as: Selling gas,beer,wine,liquor,deli and propane Halls is also proposing obtaining a Liquor license Economic impact projection Our proposed economic impact is 4.1 million per year Qur current parking is 33 space R~,c~+v~_.~ Per .......... ~.. CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE May 31, 2010 TO CHARI..IE HAIL FAX 817.571.7792 FROM Ron Ruthven, Community Development Director SUBJECT ZC10-011 SUP for Package Store located at 4200 Glade Road 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. Provide information regarding the opening schedule for the proposed business if this Special Use Permit (SUP) is approved? 2. Provide information regarding the proposed number of employees and how many employees will be on duty at any given time? 3. Provide economic development information with the following data in table or spreadsheet format: total square feet of building area, estimated sales per square foot, estimated ad valorem taxes per year and estimated sales tax generated per year. Provide any additional economic development information deemed relevant to the request. 4. Provide signage details including proposed name of business. This shall include a detailed, color drawing of all proposed signs, drawn to scale, relating to the business including monument and wall signs. Provide a detailed site/parking plan. These plans shall be drawn to scale and shall meet the requirements for site plan submittals found in Section 3.23(x)6 of the Land Development Code. At a minimum the number of parking spaces shown on the plan should equal to one space per 200 square feet of gross floor area. However, as a condition of the approval of the SUP more parking may be required. 6. Provide a building floor plan and security plan. These plans shall include a detailed floor plan of the proposed business showing, at a minimum, aisle layouts, locations of coolers and freezers, locations of any specialty areas such as humidors, location descriptions for 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE ZC10-011 SUP FOR PACKAGE STORE all product sales such as beer, wine and hard liquor, locations of check-out registers and all building ingress and egress points. 7. Provide all security plans, which at a minimum, should include the number of any proposed cameras, alarm system details, locations of burglar bars (if any) and any planned on-site security personnel. Also, details should be provided concerning any proposed features that adhere to any Crime Prevention Through Environmental Design (CPTED) site design tenets. CPTED is based upon the concept that the proper design and effective use of the built environment can lead to the reduction in the incidence and fear of crime, and an improvement in the quality of life. The goal of CPTED is to reduce opportunities for crimes to occur that are often inherent in the design of buildings and the layout of neighborhoods and streets. More information can be obtained about CPTED online at http://en.wikipedia.org/wiki/Crime~revention through environmental design. More information can also be obtained from Raymon Cannon, Public Services Officer for the Colleyville Police Department at rcannon~colleyville.com. 8. Provide a detailed landscape plan. The site plan submitted with the application does not detail the landscaping; i.e. what type of plantings is in place currently, and are any landscaping materials going to be added. 9. Do you intend to utilize the entire existing store area for a package store? 10. Do you intend to keep the current gas pumps for the package store? 11. Do you intend to clean up the current parking area including the LPG storage tank in order to add more parking spaces to the property? 12. If you were required to add more parking than your property could accommodate, where would you place the parking? 13. A traffic impact analysis may be required as a condition of approval of this SUP. In Your Response Letter, Acknowledge the Following Information: Please sign the Record of Acknowledgement provided below and submit it with the following to our office: ^ 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 any exhibits; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted in order for any public hearings to be scheduled no later than noon on Friday, June 18, 2010. This item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted and/or addressed. Please contact me at rruthven(cr~,colleyville.com or 817.503.1052 if you have any questions. PAGE 2 OF $ DEVELOPMENT REVIEW COMMITTEE ZC10-011 SUP FOR PACKAGE STORE Rec~rti of ~i.ckno~cvled~eine~~t I laa~=e read tlae 13~ee~eldpmertt Ret~ieto~ Cornrrzittee rnenao ira its entitytar arrd~cll,~~ ackrao~a~led,~e all ~orrarraents that laav~ beery pr•eserrted }xr~r-eira. I also rar~derstand tirnt if raaztit= inforrnatiora bec©rraes ai~ailable or• t1~a~ regaaest is altersd ,f•onr isflrat was flr•i,~inalli> sexbrraitted tv the Carraraaaarrit~~ I1eti~elaprnerrt I3epar•trner~t. tine case rrral• be sarbjert try ~rr•tliea~ r•e~•ie~s= cared adrlitia;aril r•ecraaia-srrrcrtts ~aat i~aclacded ~t~itlrirr dais rrrerno. P`ruxted Iti.a:xte Szguature Dane PAGE 3 OF 3 Applicant's Response Development Review Committee -City of Colleyville June 18, 2010 This letter is to confirm that all comments required have been addressed in our application. We will provide a traffic impact analysis if requested upon approval. Sincerely Hall's Wine and Spirits ~~ ~ ~~ CITY OF COLLEYVILLE -DEVELOPMENT REVIEW COMMITTEE HALL'S WINE AND SPIRITS 1. SCHEDULE -CONVENIENCE STORE HOURS: Mon to Sun Gam -10pm. PACKAGE STORE HOURS: Mon to Sat 10am - 9pm. 2. There will be a total of 14 employees. 3 - 5 employees per shift, per store. 3. See attached -exhibit 1 4. See attached -exhibit 2 5. See attached -exhibit 3 6. See attached -exhibit 4 7. Plans include the installation of 16 security cameras running 24 hours a day. Will also consult Raymon Cannon, Public Services Officer for the Colleyville PD. 8. See attached -exhibit 5 9. No. The store will be divided into 2 sections. The convenience store and the package store. 10. Yes. 11. No. The current parking and area wiN remain to allow for pump utilization. 12. The current parking plan is sufficient. Will meet all parking requirements as specified by the City of Colleyville. ~, DEVELOPMENT REVIEW COMMITTEE ZC10-011 SUP FOR PACKAGE STORE Record of Acknon•tedgemenr t Tsm•e read tTre Deie?opmer~r Re1•ie~c Cwrrrrrirtee memo ir; irs erttiren~ a;rd,fr,•'Tt• ncTr;;owJedge aJT comments tr'rar T:m~e been p~•esertted ircrre=rr. I nlso understand td:nt if netiy ir~forrrarfor! becomes m•ni?nbTe or fire request is a?fe,•ed ,from ++'?rnf bras or-:girraTTv submitted to tre Con:nrrr,;in~ Deve?opmert Depar7»rerrt, t're cnse rnm• be subject to fdr-tTrer re+•ietiu and addirionnl regrriremerrfs not ir:c?tided ~+•itlrrr fTrTS rnerY70. L fed I` e - _~~' ~ La Sieuattue Date Pa~E 3 0~ 3 Landscaping, Site and Parking Plan a~~i a d~~ ~X~~ Q~4y4' PI ml b) I i O . ~ . ~ . ~ . - ~~ ® ~ I ;.A.e~.~l ~ ®i O ~ I• w G .~ c`d a c ~, A ~' .~ ~ a a~i '~ W 4 v ~ q ~ ~-~ .a o~$W ~ ~' y N < ~~~6 o --I ~i -1 oC Od ~~z F e . N m Security and Floor Plan and Building Elevation r ~ J i -L~ ~ t.J Q~ 1 S B N •~O a O .~ '~ ~ aCi " W ~ .d = Q F a~_~ a o ~~° ~3 a H» ~ <~~ °Q~a~ ~ ,. ~ ~~ ~ 0 QC~o~ W ~ ~ (,F.n h ~ ~ y~ m s~ i LJ ; I I ~, i Proposed Wall Sign ~~ ~ ~~ne ~' ~~~i~ta CRIME PREVENTION RECOMMENDATIONS FOR CONVENIENCE STORES AND PACKAGE STORES Purpose The purpose of these recommendations are to protect the health, safety, and welfare of the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that may occur in a convenience store or package store in the City. To this end, these recommendations address best practices in crime prevention through environmental design including height markers, visibility into and around the business, alarm systems, physical security, drop safes, surveillance camera systems, and minimum staffing requirements. Definitions Unless otherwise expressly stated, the following terms shall, for the purposes of these recommendations, have the meanings indicated in this section: "Convenience Store" means an establishment designed, intended, adapted or used primarily to provide for consumer shopping of a brief duration, characterized by a limited product mix (generally emphasizing prepared and snack foods, beverages, tobacco products or gasoline/motor vehicle fuel), close-in parking, and limited retail space. "Drop Safe" means a cash management device in which money can be deposited without the depositor having access to the contents. "Employee" means any person listed on the payroll of a convenience store or package store as an employee, whether part-time, full-time, permanent, or temporary. The term does not include a person providing only janitorial or security services to the store. "Height Marker' means a measuring strip that is attached on or near the door frame of doors used for ingress and egress to the store to aid in identifying the height of a person suspected of committing a crime. "Package Store" means a retail establishment that sells "liquor", as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise consumption. "Manager" means the person designated as the supervisor or person in charge of the operations of the store. "Owner" means the person or persons who hold title to, leases or has a possessory interest in property for the purpose of operating a convenience/package store. Height strips A convenience/package store shall have height strips posted at all public exits to aid in obtaining a physical description on any suspicious person or suspect in a criminal offense. Visibility A) A convenience/package store shall maintain an unobstructed line of sight allowing a clear view of and from the cash register and sales transaction area through all windows and public access doors. Such windows and doors must be clear of all items that would obstruct a clear view including, but not limited to, tinting, signage, advertisements, shelving, and merchandise. Such unobstructed line of sight must, at a minimum, extend from three feet above the ground to at least six feet above the ground. B) Landscaping shall be maintained in a manner that allows an unobstructed view of all windows and doors in an attempt to prevent blind spots or places of concealment. Alarm system A) A convenience/package store shall have a silent panic or holdup alarm system for which a permit has been issued by the City. This system shall, at a minimum, include a panic button located within reach of the cash register and out of view of the customer. Such panic button will generate an alarm signal indicating a holdup or other life-threatening emergency requiring a police department response. B) A convenience/package store shall have posted at all public exits and entrances signs or decals indicating that a security alarm system is in use. Entrances and Exits A) All doorways shall be secured with a deadbolt lock. Deadbolt locks within 40 inches of a breakable surface must be a double cylinder lock. B) Service or delivery entrances shall be equipped with an exterior, high resolution digital video camera or a "peep hole", which enables employees to visually observe the area immediately outside the door. Drop safe A) A convenience/package store shall have a drop safe on the premises to keep the amount of cash available to employees to a minimum. A drop safe must be bolted to the floor and may have atime-delay mechanism to allow small amounts of change to be removed. B) A convenience/package store shall have a written cash accountability policy mandating the maximum amounts of cash that can be kept in cash registers. C) A convenience/package store shall have posted, at or near the point(s) of sale, decals or signs indicating that employees cannot open the safe and that employees have minimum cash on hand. Surveillance camera system A) A convenience/package store shall have a minimum of two, color digital high- resolution surveillance cameras. One camera must have an overall view of the counter/register area and the other camera a view of the main entrance/exit area and both shall display the correct date and time of the recording. B) The entrance/exit area camera shall be placed to provide a clear and identifiable full frame of the filmed individual's face. C) The cameras shall be operated at all times including hours when the store is not open for business. D) The owner or manager shall provide the police department, upon request, digital color images in connection with any criminal investigation. E) The owner or manager shall maintain a library of the recorded digital images for not less than 30 days. F) A convenience/package store shall have posted, at or near the point(s) of sale, signs or decals indicating that surveillance cameras are in use. Minimum Staffing (A) A convenience/package store will maintain a minimum staffing of at least two (2) employees on-site at all times when the business is open. ORDINANCE 0-10-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 2, BLOCK 1 OF THE GLADE POINTS ADDITION LOCATED AT 4200 GLADE ROAD BY AUTHORIZING A SPECIAL USE PERMIT FOR A PACKAGE STORE; 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. ZC10-011; 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 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. Ordinance 0-10-XXXX Page 2 of 4 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 amending the official zoning map by authorizing a Special Use Permit for a package store on Lot 2, Block 1, of the Glade Points Addition located at 4200 Glade Road, as depicted on Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a package store as described in Exhibit "B" and depicted in Exhibit "C". b. The package store authorized by this Special Use Permit shall not exceed 8,000 square feet in size and shall be located completely within the existing building. c. All off-street parking shall meet the following conditions prior to the issuance of the certificate of occupancy: (1) there shall be a minimum of 48 parking spaces provided on the subject property, (2) the applicant shall provide a shared parking agreement with the adjacent property owner to the north and west, and (3) as part of any shared parking agreement, there shall be a 24 foot wide driveway connection paved from the subject property to the parking and fire lane on the adjacent property to the north in order to provide an additional means of access to and from off-site parking during peak sales periods. If the shared parking agreement required by this section is ever cancelled, this Special Use Permit shall become null and void. d. Prior to the issuance of the certificate of occupancy, all dumpsters shall be located behind the front building line and be screened with a minimum six foot wood or masonry fence as required by the Land Development Code. Ordinance 0-10-X~CX Page 3 of 4 e. Prior to the issuance of the certificate of occupancy, the propane sales operation, propane tank and firewood sales and storage shall be removed from the property. There shall be no outdoor storage or display of any merchandise for sale on the subject property. f. Prior to the issuance of the certificate of occupancy, landscaping shall be installed and maintained meeting the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. g. All signs advertising the package store shall meet the following conditions: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in Land Development Code; (2) there shall be no package store advertising allowed on the existing freeway pole sign; (3) Section 108.52 of the Texas Alcoholic Beverage Code is hereby adopted by reference of which all requirements pertaining to signage shall apply to this Special Use Permit; (4) Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within six months of abandonment. h. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "D". i. 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. j. 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. 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. Ordinance 0-10-XXXX Page 4 of 4 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 s~ro ;r „~e, ~ 2' 50.5 .1054 5453 505 ~'C'ACKJP n a_ G~ "GS s i Exhibit "B" -Statement of Planning Objectives Prc~posa frt~m 1-falls (~irc~cery ~~c~urs Uf~vperation 1~:~}~m try 9:OO~m 1- ~Ic,~sed can Sunday also on major holidays C:~reclit card ~asolinc y:t)(3prn-lU:UC~am I)Uin~ ~3usiness {~s: ~~al is ~~roc+~ry 4?t}(~ Glace: Road C~c~lleyville ~~cxas Pr~:sent~y sc~lin~; gas,b~;er,vvine produce,cieli ~r~d prc~panc~ P~r~~posin~ civin~ bc~sineess as: Selling ~as,beer,ti~~ine,liquor,deli anc propane ails is ~Iso prQposin~ Obta.i~in~ ]:~iquor license Economics impact projection (fur proposed economic impact is 4. m i 11 i can pc~r year ~l~T C1Trt'~n~ ~-atrktn IS 3 ~ space REC~~'k e, ~~~~ Pei ..>. .. Exhibit "C" -Site Plan 1P+IR~ltiG _._ ` 1 ne w~~ *~r rs+~.+ +.r s~ ..x.,rta~... w in~~4W~~l~iniG PIua4 _..1/mar Exhibit "D" CRIME PREVENTION RECOMMENDATIONS FOR CONVENIENCE STORES AND PACKAGE STORES Purpose The purpose of these recommendations are to protect the health, safety, and welfare of the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that may occur in a convenience store or package store in the City. To this end, these recommendations address best practices in crime prevention through environmental design including height markers, visibility into and around the business, alarm systems, physical security, drop safes, surveillance camera systems, and minimum staffing requirements. Definitions Unless otherwise expressly stated, the following terms shall, for the purposes of these recommendations, have the meanings indicated in this section: "Convenience Store" means an establishment designed, intended, adapted or used primarily to provide for consumer shopping of a brief duration, characterized by a limited product mix (generally emphasizing prepared and snack foods, beverages, tobacco products or gasoline/motor vehicle fuel), close-in parking, and limited retail space. "Drop Safe" means a cash management device in which money can be deposited without the depositor having access to the contents. "Employee" means any person listed on the payroll of a convenience store or package store as an employee, whether part-time, full-time, permanent, or temporary. The term does not include a person providing only janitorial or security services to the store. "Height Marke-" means a measuring strip that is attached on or near the door frame of doors used for ingress and egress to the store to aid in identifying the height of a person suspected of committing a crime. "Package Store" means a retail establishment that sells "liquor", as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise consumption. "Manager" means the person designated as the supervisor or person in charge of the operations of the store. "Owner" means the person or persons who hold title to, leases or has a possessory interest in property for the purpose of operating aconvenience/package store. Height strips A convenience/package store shall have height strips posted at all public exits to aid in obtaining a physical description on any suspicious person or suspect in a criminal offense. Visibility A) A convenience/package store shall maintain an unobstructed line of sight allowing a clear view of and from the cash register and sales transaction area through all windows and public access doors. Such windows and doors must be clear of all items that would obstruct a clear view including, but not limited to, tinting, signage, advertisements, shelving, and merchandise. Such unobstructed line of sight must, at a minimum, extend from three feet above the ground to at least six feet above the ground. B) Landscaping shall be maintained in a manner that allows an unobstructed view of all windows and doors in an attempt to prevent blind spots or places of concealment. Alarm system A) A convenience/package store shall have a silent panic or holdup alarm system for which a permit has been issued by the City. This system shall, at a minimum, include a panic button located within reach of the cash register and out of view of the customer. Such panic button will generate an alarm signal indicating a holdup or other life-threatening emergency requiring a police department response. B) A convenience/package store shall have posted at all public exits and entrances signs or decals indicating that a security alarm system is in use. Entrances and Exits A) All doorways shall be secured with a deadbolt lock. Deadbolt locks within 40 inches of a breakable surface must be a double cylinder lock. B) Service or delivery entrances shall be equipped with an exterior, high resolution digital video camera or a "peep hole", which enables employees to visually observe the area immediately outside the door. Drop safe A) A convenience/package store shall have a drop safe on the premises to keep the amount of cash available to employees to a minimum. A drop safe must be bolted to the floor and may have atime-delay mechanism to allow small amounts of change to be removed. B) A convenience/package store shall have a written cash accountability policy mandating the maximum amounts of cash that can be kept in cash registers. C) A convenience/package store shall have posted, at or near the point(s) of sale, decals or signs indicating that employees cannot open the safe and that employees have minimum cash on hand. Surveillance camera system A) A convenience/package store shall have a minimum of two, color digital high- resolution surveillance cameras. One camera must have an overall view of the counter/register area and the other camera a view of the main entrance/exit area and both shall display the correct date and time of the recording. B) The entrance/exit area camera shall be placed to provide a clear and identifiable full frame of the filmed individual's face. C) The cameras shall be operated at all times including hours when the store is not open for business. D) The owner or manager shall provide the police department, upon request, digital color images in connection with any criminal investigation. E) The owner or manager shall maintain a library of the recorded digital images for not less than 30 days. F) A convenience/package store shall have posted, at or near the point(s) of sale, signs or decals indicating that surveillance cameras are in use. Minimum Staffing (A) A convenience/package store will maintain a minimum staffing of at least two (2) employees on-site at all times when the business is open. ,..,_, ~-~ ~~ City of Colleyville 100 Main Street Colleyville, Texas 76034 7v~~" 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: 07/12/2010 Agenda No.: 10c Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Special Use Permit for a Package Store on Lot 46, Block 1 of the Brown Trail-West Addition located at 4405 Colleyville Boulevard, Case ZC10-012 Attachments: Location and Zoning Map Notification List Letter of Opposition Statement of Planning Objectives Development Review Committee Memo Applicant's Reponse Proposed Site and Landscape Plan Proposed Floor Plan with Security Building Elevations and Sign Exhibits Monument Sign Exhibit Crime Prevention Recommendations for Convenience and Package Stores Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 07/12/2010 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for a Package Store on Lot 4B, Block 1 of the Brown Trail-West Addition located at 4405 Colleyville Boulevard, Case ZC10-012 Explanation Atef Henary has submitted a request for a Special Use Permit (SUP) in order to operate a package (Liquor) store called "Liquorville" at 4405 Colleyville Boulevard. The proposed package store will encompass 725 square feet of the existing building where the car wash and sandwich restaurant currently exist with construction of an additional 1,418 square feet leaving a total of 2,143 square feet for the package store with the remaining 2,455 square feet of the building to be utilized as a convenience store with beer and wine sales only, currently allowed under Ordinance 0-95-994. The applicant intends to continue gasoline sales on the property. The Texas Alcoholic Beverage Code requires a solid opaque wall to be maintained between any package store and any business that the shares the same building. Therefore the convenience store operation will be completely walled off from the package store and will be a completely separate occupancy. The gasoline sales will be processed from the convenience store. Existing Zoning and Development Conditions. The property is zoned CC1-Village Retail and is platted. Package stores are allowed in the CC1-Village Retail zoning district with the approval of an SUP. The property is developed as Colleyville Mobil, which is a 3,180 City of Colleyville Page 1 Printed on 7/9/2010 Agenda Briefing Continued square foot convenience store with gasoline sales, a Blimpie Subs and a car wash tunnel. Staff Review and Analysis. Staff analysis of this request is written as if the proposed request is a new development on an undeveloped site. Therefore, any request by the applicant that does not meet current Land Development Code requirements is noted below along with recommended remediation: Site Plan, Landscaping and Parking. The site plan submitted by the applicant shows a 1,418 square foot addition to the main building including the enclosing of the car wash tunnel and also shows proposed parking and landscaping. Parking The Land Development Code requires one (1) parking space per 200 square feet of gross floor area for general retail uses such as convenience stores and package stores. Based on this requirement, the applicant is required to provide a minimum of 23 parking spaces. The site plan provided by the applicant indicates 32 parking spaces, including parking provided at the gasoline pumps. Staff recommends that the applicant provide a shared parking agreement with the dry cleaning business to the north located at 4409 Colleyville Boulevard in order to provide enough parking for overflow traffic during peak periods. This condition has been added to the draft ordinance. Site Layout There are no planned alterations to the gasoline pumps or canopy. The package store entrance will be where the current car wash tunnel entrance is located. Landscapin_g Chapter 4-Landscaping and Buffering in the Land Development Code requires a minimum of one (1) three inch caliper tree to be planted for every 40 feet of frontage along collector and arterial roadways. The subject property contains approximately 162 feet of frontage along both SH26 and 220 feet of frontage along Brown Trail. Therefore four (4) trees are required to be planted along SH26 and six (6) trees are required to be planted along Brown Trail. There are currently two (2) trees located along SH26 and five (5) trees located along Brown Trail. The landscape plan submitted by the applicant shows two (2) trees along SH26 and five (5) trees along Brown Trail (one (1) is shown off of the road but in the required street yard). Additionally, a minimum of one (1) five gallon shrub is required to be planted for every five (5) feet of frontage along any roadway frontage. The landscape plan meets the minimum shrub planting requirements. Staff recommends that all landscaping meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. This condition has been added to the draft ordinance. Dumpster Locations The site plan shows a single, masonry screened dumpster located behind the main building, which is the current location of the dumpster for the existing business. The dumpster complies with the screening requirements of the Land Development Code. City of Co/leyville Page 2 Printed on 7/9/2010 Agenda Briefing Continued Access and Traffic Generation. Access The site contains two (2) driveway approaches. One (1) approach connects to SH26 and is a right turn only approach from SH26. The other approach connects to Brown Trail. However, the site is also accessible from across-access drive from the dry cleaning business to the north, which connects to a shared driveway approach to SH26 from the O'Reilly Auto Parts business at 4501 Colleyville Boulevard. Traffic Generation The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. There is no category for package stores in the publication. Therefore, staff has estimated traffic generation based on convenience stores with gasoline sales. Convenience stores with gasoline sales containing 4,598 square feet are expected to generate 447 trips per day, on average. Hours of Operation. The Texas Alcoholic Beverage Code mandates that all package stores cannot sell, offer for sell, or deliver any liquor on: New Year's Day, Thanksgiving Day, or Christmas Day; on Sunday; or before 10 a.m. or after 9 p.m. on any other day. When Christmas Day or New Year's Day falls on a Sunday, the store must be closed the following Monday. Building Design. According to Chapter 6-Building Design in the Land Development Code, commercial buildings located in the CC1-Village Retail zoning district require a minimum design score of 30. The subject building, as it is proposed, contains a design score of 32. signage. Per the attached exhibit, the applicant proposes to add a wall sign to the portion of the building facing SH26 and sign to the monument sign located at the corner of SH26 and Brown Trail. The wall sign measures one (1) foot x ten (10) feet and reads "Liquorville - Wine & Spirits". The sign to be affixed to the monument sign measures two (2) feet x four (4) feet. The existing monument sign does not comply with the monument sign requirements of Chapter 7-Sign Regulations in the Land Development Code, which states that "a monument sign must have a minimum of 18 inches of masonry around the sign message area". The existing sign contains two (2) exposed sides. Therefore, staff recommends that the sign be brought up to code as a condition of the approval of the SUP. Staff also recommends that upon abandonment of the business, all signage advertising the package store be removed in its entirety at the expense of the business and/or property owner within six (6) months of abandonment. Pursuant to Section 108.52 of the Texas Alcoholic Beverage Code, the lettering of any signs advertising the package store may not exceed 12 inches in height. Staff recommends the following with regard to any signage: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in Land Development Code; (2) that there be no package store advertising allowed on the existing freeway pole sign; (3) that there be City of Colleyville Page 3 Printed on 7/9/2010 Agenda Briefing Continued language in the draft ordinance adopting Section 108.52 of the Texas Alcoholic Beverage Code by reference, thereby enabling the City to enforce the state sign provisions in addition to any enforcement by state inspectors further ensuring compliance. The sign provisions noted above have been added to the draft ordinance. Store Layout and Crime Prevention. The applicant has submitted a floor plan detailing the proposed location of all items to be sold, check-out points and security cameras. In terms of crime prevention, staff recommends that all package stores be required to comply with the attached Crime Prevention Recommendations for Package Stores and Convenience Stores. This document has been added to the draft ordinance as an exhibit. Proximity Information. The following measurements detail the proximity of the proposed package store to the uses listed below as well as other package store applications on file. All measurements are calculated based on a straight line drawn from the closest point of the subject property line to the closest point of the property line of the closest use or package store application in Colleyville only: • Distance to closest residence: 425 feet • Distance to closest school: 658 feet • Distance to closest church: 658 feet • Distance to closest day care: 658 feet All distances noted above comply with the minimum distance requirements of the Section Six-Alcoholic Beverage Regulations of the Code of Ordinances. Distance from other active package store requests: • 4200 Glade Road • 62 Main Street • 7171 Colleyville Boulevard • 3809 Colleyville Boulevard • 7101 Colleyville Boulevard • 5232 Colleyville Boulevard 3.6 miles 0.8 miles 3.2 miles 0.8 miles 3.1 miles 0.9 miles Surrounding Properties. The properties to the north are zoned CC1-Village Retail and are developed as retail uses. The properties to the east are zoned CC1-Village Retail and are developed as offices. The properties to the south are zoned CC2-Shopping Center and developed as a drug store and a church. The properties to the west are zoned CC2-Shopping Center and CC1-Village Retail and are developed as retail and office uses. Master Plan. The Colleyville Master Plan designates this property for future retail uses. The use of the property as a package store complies with the plan with the approval of a Special Use Permit. City of Colleyville Page 4 Printed on 7/9/2010 Agenda Briefing Continued Public Notification. Staff notified 23 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 one (1) letter of opposition regarding this request. Staff Analysis and Summary of Recommendations. Staff has written the draft ordinance such that it contains all recommendations specified in the briefing. The following is a summary of staff recommendations: 1. The applicant shall provide a shared parking agreement with the dry cleaning business to the north located at 4409 Colleyville Boulevard in order to provide enough parking for overflow traffic during peak periods. 2. All landscaping shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. 3. The existing monument sign shall meet current construction and design requirements. 4. Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within six (6) months of abandonment. 5. Pursuant to Section 108.52 of the Texas Alcoholic Beverage Code, the lettering of any signs advertising the package store may not exceed 12 inches in height. Staff recommends the following with regard to any signage: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in Land Development Code; (2) that there be no package store advertising allowed on the existing freeway pole sign; (3) that there be language in the draft ordinance adopting Section 108.52 of the Texas Alcoholic Beverage Code by reference, thereby enabling the City to enforce the state sign provisions in addition to any enforcement by state inspectors further ensuring compliance. These provisions have been added to the draft ordinance. 6. All package stores shall be required to comply with the attached Crime Prevention Recommendations for Package Stores and Convenience Stores. This document has been added to the draft ordinance as an exhibit. The following is an analysis of the request, as submitted by the applicant, in terms of compliance with current Land Development Code and Code of Ordinance requirements as specified below: Complies with parking regulations? Yes Complies with landscaping regulations? No Complies with sign regulations? No Complies with minimum building design score? Yes Complies with outdoor storage restrictions? Yes Traffic Impact Analysis required? No Proposed Use is over 300 feet from church, school & hospital? Yes City of Colleyville Page 5 Printed on 7/9/2010 Agenda Briefing Continued Recommended Actions The Planning and Zoning Commission has the following options regarding action on this item: 1. Recommend approval as submitted (with listed conditions in the draft ordinance); 2. Recommend approval with additional condition(s); 3. Tabling the agenda item to a specific date with clarification of intent and purpose; 4. Recommend denial. City of Colleyvil/e Page 6 Printed on 7/9/2010 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Ebna-Gina Inc 4100 Felps Dr # F Colleyville TX 76034 4532 Colleyville Blvd Miles, Lucille PO Box 27 Colle ville TX 76034 4600 Bransford Rd Chandler, Raman PO Box 611 Colleyville TX 76034 4571 Colleyville Blvd Grapevine Colleyville ISD 3051 Ira E Woods Ave Grapevine TX 76051 4551 Colleyville Blvd Reef Properties Inc 179 N Plano Rd # B Richardson TX 75081 4508 Colle ville Blvd Retail Buildin s Inc 3000 NE 63Rd St Oklahoma Ci OK 73121 4500 Colle ville Blvd M L Us Holdings Ltd & C Hepfer 17130 Dallas Pkwy Ste 240 Dallas TX 75248 4521 Colle ville Blvd Vcc J&M Corporation 4409 Colleyville Blvd Colleyville TX 76034 4409 Colleyville Blvd Nedocs Llc 4114 Steeplechase Dr Colleyville TX 76034 4301 Brown Tr Johnson, Randal D Etux Doreen 215 Mill Valle Dr Colle ville TX 76034 219 Mill Valle Dr Eskander Colleyville Llc 4405 Colleyville Blvd Colleyville TX 76034 4405 Colleyville Blvd 4408 Colleyville Blvd Land Tr 4408 Colleyville Blvd Colleyville TX 76034 4408 Colleyville Blvd Rudel, Chandi Lynn 112 Montreal Dr Hurst TX 76054 4400 Colleyville Blvd Ghormle , James G Etux Tisha D 502 Green Meadow St N Colle ville TX 76034 502 Green Meadow N Bryn Mawr Partnershiip, The 16284 Deer Trail Ct San Diego CA 92127 4403 Colleyville Blvd Wishard, Bruce & Della 437 Carrillo St Santa Rosa CA 95401 4109 Brown Tr Moore, Lynn D Etux Jill S 500 Green Meadow St N Colleyville TX 76034 500 Green Meadow N First Assembl Of God Ch Inc PO Box 98 Colle ville TX 76034 4401 Colle ville Blvd Wishard, Bruce & Dalla 437 Carrillo St Santa Rosa CA 95401 4201 Brown Tr Hogan, Donald Etux Patty L 4400 Green Meadow St W Colleyville TX 76034 4400 Green Meadow W Tiffany Park Ha Inc 400 Country PI Colleyville TX 76034 4320 Tiffany Park Ln Allen, Clarence Etux Elizabeth 4316 Tiffan Park Ln Colle ville TX 76034 4316 Tiffan Park Ln Atef Henary, applicant 4405 Colleyville Blvd Colleyville TX 76034 applicant Public hearing notices were mailed on Tuesday, June 29, 2010 by Amy Shelley. Letter of Opposition FAMILY HEALTHCARE ASSOCIATES July 8, 2010 Community Development Department City of Colleyville I am writing to voice objection to the "Special Use Permit for Package Store" that would permit the Mobil service station to sell "hard liquor". Currently the store sells wine and beer in addition to selling gasoline and we have no objection to that. I must say that the Mobile station has been good neighbors to us and we have had no problems. Adding "hard liquor" however is a new ballgame and we are concerned as I would think the service station should be about loitering in the parking lot and potential public drunkenness and broken bottles in the parking lot. All of these things would be detrimental to property values as well as being an eyesore. I am on call on July 12~', working night clinic, and can not attend the meeting. As President of the Colleyville doctors (NEDOCS) property owners I polled the doctors and they voted in opposition to the change of zoning permit because of the aforementioned concerns. It is our hope that this does not effect our good relations with our neighbors but simply represent what is in the best interest of our properties as well as those around us. Sincerely, r~,,,.,..,,p .,.~;,,,r" ~' ~ @_ ,r _ David Lawson President NEDOCS Association RECEIVED Jl.~L l Zfl10 Per ............. 7601 Glenview Drive 4301 Brown Trail 4140 Heritage Trace Pkwy. Suite 312 Fort Worth, Texas 76180-8300 Colleyville, Texas 76034-3949 Keller, Texas 76248 (817) 274-2578 (817) 281-8275 (817) 741-7353 Statement of Planning Objectives ,. i .i. `i. ! _ i i[ , ~ ~ z a ~~~ , ~~ May 14, 2010 ,W _:. ; R' . :_ ..... _;; f ~_ ,, ; ~ ;; Mr. Ron Ruthven, A1CP, Director ~ar~s~_,~~--r. ~" ~~°' Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Re: Special Use Permit -Mobil Station, 4405 Colleyville BLVD., Colleyville Dear Mr. Ruthven, The existing Mobil station consists of a convenient store and attached car wash bay. The Owner of the property is planning to remove the car wash and convert the bay to separate liquor store. The new liquor store will have a separate entrance with a new suite address. The liquor store will expand inside the C-store to replace the existing sandwich shop with a new demising wall between the two businesses. The building wit! be expanded 569 SF. The new fagade will match existing brick color and cast stone material. Additional parking spaces have been added. The building exterior will remain the same materials except that the car wash doors wi11 be replaced with glass storefront system. According to the Owner, the proposed hours of operation for the new liquor store business shall be 10:00 AM to 9:00 PM M-S and closed Sunday. Please do not hesitate to call if you have any question. Respectfully, ~ ~~~~ Awad Eskander, AIA cc: File REG~IVCp r Bh . ........., CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE May 31, 2010 TO ATEF I-IENARY FAX 817.428.3202 FROM Ron Ruthven, Community Development Director SUBJECT ZC10-012 SUP for Package Store located at 4405 Colleyville Blvd. 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: Provide information regarding the opening schedule for the proposed business if this Special Use Permit (SUP) is approved? 2. Provide information regarding the number of employees, currently and proposed and how many employees will be on duty at any given time? 3. Provide economic development information with the following data in table or spreadsheet format: total square feet of building area, estimated sales per square foot, estimated ad valorem taxes per year and estimated sales tax generated per year. Provide any additional economic development information deemed relevant to the request. 4. Provide signage details including proposed name of business. This shall include a detailed, color drawing of all proposed signs, drawn to scale, relating to the business including monument and wall signs. 5. Provide a building floor plan and security plan. These plans shall include a detailed floor plan of the proposed business showing, at a minimum, aisle layouts, locations of coolers and freezers, locations of any specialty areas such as humidors, location descriptions for all product sales such as beer, wine and hard liquor, locations of check-out registers and all building ingress and egress points. 6. Provide all security plans, which at a minimum, should include the number of any proposed cameras, alarm system details, locations of burglar bars (if any) and any planned on-site security personnel. Also, details should be provided concerning any proposed features that adhere to any Crime Prevention Through Environmental Design (OPTED) 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE ZC10-012 SUP FOR PACKAGE STORE features that adhere to any Crime Prevention Through Environmental Design (CPTED) site design tenets. CPTED is based upon the concept that the proper design and effective use of the built environment can lead to the reduction in the incidence and fear of crime, and an improvement in the quality of life. The goal of CPTED is to reduce opportunities for crimes to occur that are often inherent in the design of buildings and the layout of neighborhoods and streets. More information can be obtained about CPTED online at http://en.wikiaedia.org/wiki/Crime~revention throu environmental design. More information can also be obtained from Raymon Cannon, Public Services Officer for the Colleyville Police Deparhnent at rcannon~a~,colleyville.com. 7. Provide a detailed landscape plan. The site plan submitted with the application does not detail the landscaping; i.e. what type of plantings is in place currently, and are any landscaping materials going to be added. 8. On the site plan, clearly label which portion of the building will contain the package store. If you were required to add more parking than your property could accommodate, where would you place the parking? 10. A traffic impact analysis may be required as a condition of approval of this SUP. In Your Response Letter, Acknowledge the Following Information: Please sign the Record of Acknowledgement provided below and submit it with the following to our office: 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 any exhibits; ^ 1 reduced copy (8.5x11) ofthe exhibit. The above requested items must be submitted in order for any public hearings to be scheduled no later than noon on Friday, June 18, 2010. This item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted and/or addressed. Please contact me at rrufhvenncolleyville.com or 817.503.1052 if you have any questions. PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE ZC10-012 SUP FOR PACKAGE STORE Recap°d of .Arkuo~vlecl~emeut I }race read ahe I3ati=edop~nent Rel-aev,~ C.orn»aattE:e merna in its eratareh° and frcllt ac.kTaoxa~l¢dge adl cornraaents t}rat }aat~e fieerr ~r•eseratet~ }ser~aarr. I also riracaerstarrd that of rew~ raformatara hetarnes as~ai,~able yr F}ae reg3aest is ad~`ered frorra ~s~}arrt xzas a~-igirrrrlly^ sxe~rrrattecx' 1c~ t`he Ctrmrrruraat!jy I3eve}aprraerat I~epartrraerrt, tlae ease mcrx~ 8e sarbjeet tv ,~rrrt~er a~rtraety grad acTclitaoraad regr~arerrrerrts nor aareduc.'ed v4£rtTaan Haas errro. Printed Name 5i~~~hue Date PAGE 3 OF 3 Applicant's Response Colleyville Mobile 4405 Colleyville Blvd Colleyville, TX 76034 City of Colleyville Mr. Ron Ruthven Community Development Director Subject: Z.C10-012 SUP for Package Store located at 4405 Colleyville Blvd. 1- Opening Schedule: Anticipation approval by the city council on Aug 17, 2010 then we will apply to the state for a package store license, which will take 10 to 12 weeks for issuance. That is the same amount of time we would need to finish the construction on the site. Therefore the schedule opening would be by the end of October or first week of November. 2- Number of Employees: Currently we have one employee; we would hire 2 more and an assistant manager. There will be 2 employees on duty all the time. 3- Economic Development: Total S Ft. buildin area 2143 S . Ft. Estimated sales er S Ft. $840.00 Estimated ad valorem taxes $12000.00 Estimated sales Tax er ear $148,500.00 This would not only be from Colleyville resident but in addition, to the estimated new business for the adjacent cities; which would create potential business to the rest of the businesses in Colleyville. 4- Signage Details: Refer to the attached blueprint. 5- Floor Plan• Refer to the attached blueprint. 6- Security Plan: Refer to the attached blueprint. 7- Landscape Plan: Refer to the attached blueprint. $- Labeled Site Plan: Refer to the attached blueprint. 9- Parking Spaces: Available parking spaces are more than needed (Refer to the attached blueprint.) also the owner of the next door dry cleaner is willing to allow customers to use his parking spaces. 10-Traffic Impact Analysis: An analysis would be provided if is required by the city council, however we are not expecting a noticeable impact since the store will open and close from 10:00 am to 9:00 pm. Mon -Sat. and also most of the liquor store customers are the gas store customers. Moreover, being nearby to the customers' shopping area and their work driving routes, customers would not have to plan a special trip on the weekends to do their shopping. RECEIVED sup ~ 7 200 Per ............. DEVELOPMENT REVIEW COMMITTEE ZC10-012 SUP FOR PACKAGE STORE Recor~ci of ~ckiicti~~l~d~e~ezt i.•171~C' "k_t7~ '.7.P ~E2'4'('^,tQM7Pr':Cd3'f! IL4~'t".F~t' C~0)PT)),,.`.Cc' 't.'fflt~ :Fi :s .e7'i7.^, (7t::! f7:'~t ~7C^~;:]lt ~t't£+'~t". t:.! L'~ti: "7 E'%:;S .t'. c?~ JFQV'~+ bE'4?r{ ~~; e^SfPIi':~ ~1 f7'E'Fi;.. ~:IttS6 dfMYdiL~l'~tCi7iC2' L.: ( ~T7CN' i37fr3lai'CYI707: ~C?CpT7'c?S Q'.'t7:~QTT~' c~1 1~4E'~ a!?i~'7CC=~. ;S .~ fPJ'F'G ~1!'F.~,n,7 9Yt'. n'7~` Y4'c7S O7~it ~7'. (7'il 51+{~Ir'i; ,'PCd' :t7 ri,~ ~',Q717Y717fr;;f'1 I~f!1'E:rJ~Jti;c?t7P ~'Y'~3t;7'~7i":E'rr "^C' Ct7S4? T,f~~ ~7@ Sfl~~if7C~ 'U {ii'.%747° 7•f'<'ir_?ll' Q1:<7? ,,, , C?C:,.^t17:U! ~'iC!'7f'F'PtliPlDr 1:t7t77;C"~f?: 4'C~l~:i,•.~'i?~ .'i?i5P~4lt???O. , SegueSi•.xr D~i+z RECEIVEC} JUN 1 ~ X110 Per ............. PAGE30F3 Proposed Site and Landscape Plan ~~ ~~ ~~ ~ Tai r.) o o /'~ m CO ~ as Ht / __ g 3 Gi ~ ~ ~ ', c ~ m~. Y ~, / n 0 z '/ qn-~r AM d~~~MY ~ m ~c$$~- ~a ~ ;,/ NCI COLLEYVILLE BLVD. (xl 9X11 PA/tXINO I ~I ~ ~ ~-" , r t0' BUN,GING LINE ,i " 1 ` t ~` I ~ - IC l' \~ ~ m I ~~ + `"" `\\~` I~ I I ww "~ II S, I~ I ~ I o s ,,~ , " ysr~ 2 r o a i a i, ~ r ~ 4 6 z ~ ~s*y~s~ t~ " ~ i E Y , ~ Y I I d"a`~ u I ~ Im II ! I~ ~ \~ ~' ~ I CC ! ~~ ~ ° ~ ~ ~ ~" l ~ ~; ': C' s I , ~'~ it ~'~ $~~ `+ ~~~ I ~ - .~ m~::p~ I ~ // ~ I s ~ g ~ ~ L _._._ _._ _. -- -- --. ` .-~ _......_._.. ,>e g+ I I ~ (1> xlevuGGN ~~ I I s `~ ~ ~ I m s~s•oxrol•w fia.ar f s = o C 3 ~: ~ o~~ C m0, ~ zs, ~ m ~ $~• ~ ~~® Zm= us ~ a+ ~ ~ ~ ~ ~< ~~ a ~ ~ L r0 go = ~ e Proposed Floor Plan with Security a_~~_ ~~ ~qFa' 7 V ! ( V ~" i q~ FK f ~ ~. ., ,._ m m~ x o° ~I ~~N 9 O o .~ F~~ ~' T _._ . ~ _.. - - - I tae .. OO! I { °ao iI is ~ ~' { ~d! ~ I i i ~ ~ , i _~ T I~ m '° w ~_ ~~ u~ °w i :.' R ..~..._.1... _. I i °~ ~ ~: g ~ !"s ~~ A T ~ N ~m p ~ m ~1 ~'' c Z ~~~~_ ;~ ~ ~ ~~~~~ ~ E> a ~ s rv Building Elevations ~~ ~~ ~~~ ~ P~ ~ I~~ y,.: ~ ~ '.~. a q„ ~{j k $ f } ~~ $ _q r ~¢ ~ C.. N i 'A ~ „'+.~ i ~ ~'# ~~ ~~ T ~ ~ D r ~ ! ~. a ~ i ~ M ~ ~Z; ~ ~ ~c o~,k, ~ z ;+ ~ 3 ~ i ~I, f `" __ ___~._ a y -` -Y_ ~L\ --~ ~~. i , .,•Oa~J~fi .,~ _ ~~-" =,~ -It+~__ y~ ~ '/ ,~ ~ ~I ~`~~ _ .-.-. fi ~ '< _ ~ ~4 Y d# ~ ~/ i /x~ h~ _-: - i ~Y% If- ~~~~ ~~ ~ i 1~ ~. ~ i/ ~ ~ s, I E it .. __. ~ -a --~-~ _„.~ -"-- ;~ ~ ~~ o 0 z> ~ rN Ea n 0 r ~y m= ~~ rr D T~ y u~ ~m > o ~< oZ ~ ~~ ~g ~ ~> ~~ r o ~t kA ~~ 1 ~ ~~ ~~ o rn o a ~s +~ S `: ~'~ Ei ~~ a S :~.~ ' :~'~ ; moor r C I ~ '~ r ,~ ;e c P €~ o a ~~ C o ~ , . ~~ c m- ~Z, ~ E 0 k s~ ~ ~o W ~ ~ : vZ F ~ w N Z f ~ '~~ ~ 4i ~~ i ~ ~ g~ ~. ~ = o ~~ i~ f~ ~ ~ rv 7 ~~ CRIME PREVENTION RECOMMENDATIONS FOR CONVENIENCE STORES AND PACKAGE STORES Purpose The purpose of these recommendations are to protect the health, safety, and welfare of the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that may occur in a convenience store or package store in the City. To this end, these recommendations address best practices in crime prevention through environmental design including height markers, visibility into and around the business, alarm systems, physical security, drop safes, surveillance camera systems, and minimum staffing requirements. Definitions Unless otherwise expressly stated, the following terms shall, for the purposes of these recommendations, have the meanings indicated in this section: "Convenience Store" means an establishment designed, intended, adapted or used primarily to provide for consumer shopping of a brief duration, characterized by a limited product mix (generally emphasizing prepared and snack foods, beverages, tobacco products or gasoline/motor vehicle fuel), close-in parking, and limited retail space. "Drop Safe" means a cash management device in which money can be deposited without the depositor having access to the contents. "Employee" means any person listed on the payroll of a convenience store or package store as an employee, whether part-time, full-time, permanent, or temporary. The term does not include a person providing only janitorial or security services to the store. "Height Marker" means a measuring strip that is attached on or near the door frame of doors used for ingress and egress to the store to aid in identifying the height of a person suspected of committing a crime. "Package Store" means a retail establishment that sells "liquor", as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise consumption. "Manager" means the person designated as the supervisor or person in charge of the operations of the store. "Owner" means the person or persons who hold title to, leases or has a possessory interest in property for the purpose of operating aconvenience/package store. Height strips A convenience/package store shall have height strips posted at all public exits to aid in obtaining a physical description on any suspicious person or suspect in a criminal offense. Visibility A) A convenience/package store shall maintain an unobstructed line of sight allowing a clear view of and from the cash register and sales transaction area through all windows and public access doors. Such windows and doors must be clear of all items that would obstruct a clear view including, but not limited to, tinting, signage, advertisements, shelving, and merchandise. Such unobstructed line of sight must, at a minimum, extend from three feet above the ground to at least six feet above the ground. B) Landscaping shall be maintained in a manner that allows an unobstructed view of all windows and doors in an attempt to prevent blind spots or places of concealment. Alarm system A) A convenience/package for which a permit has minimum, include a pan out of view of the custc indicating a holdup or department response. store shall have a silent panic or holdup alarm system been issued by the City. This system shall, at a c button located within reach of the cash register and mer. Such panic button will generate an alarm signal other life-threatening emergency requiring a police B) A convenience/package store shall have posted at all public exits and entrances signs or decals indicating that a security alarm system is in use. Entrances and Exits A) All doorways shall be secured with a deadbolt lock. Deadbolt locks within 40 inches of a breakable surface must be a double cylinder lock. B) Service or delivery entrances shall be equipped with an exterior, high resolution digital video camera or a "peep hole", which enables employees to visually observe the area immediately outside the door. 2 Drop safe A) A convenience/package store shall have a drop safe on the premises to keep the amount of cash available to employees to a minimum. A drop safe must be bolted to the floor and may have atime-delay mechanism to allow small amounts of change to be removed. B) A convenience/package store shall have a written cash accountability policy mandating the maximum amounts of cash that can be kept in cash registers. C) A convenience/package store shall have posted, at or near the point(s) of sale, decals or signs indicating that employees cannot open the safe and that employees have minimum cash on hand. Surveillance camera system A) A convenience/package store shall have a minimum of two, color digital high- resolution surveillance cameras. One camera must have an overall view of the counter/register area and the other camera a view of the main entrance/exit area and both shall display the correct date and time of the recording. B) The entrance/exit area camera shall be placed to provide a clear and identifiable full frame of the filmed individual's face. C) The cameras shall be operated at all times including hours when the store is not open for business. D) The owner or manager shall provide the police department, upon request, digital color images in connection with any criminal investigation. E) The owner or manager shall maintain a library of the recorded digital images for not less than 30 days. F) A convenience/package store shall have posted, at or near the point(s) of sale, signs or decals indicating that surveillance cameras are in use. Minimum Staffing (A) A convenience/package store will maintain a minimum staffing of at least two (2) employees on-site at all times when the business is open. ORDINANCE 0-10-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 46, BLOCK 1 OF THE BROWN TRAIL-WEST ADDITION LOCATED AT 4405 COLLEYVILLE BOULEVARD BY AUTHORIZING A SPECIAL USE PERMIT FOR A PACKAGE STORE; 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. ZC10-012; 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 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. Ordinance 0-10-XXXX Page 2 of 4 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 amending the official zoning map by authorizing a Special Use Permit for a package store on Lot 4B, Block 1, of the Brown Trail-West Addition located at 4405 Colleyville Boulevard, as depicted on Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a package store as described in Exhibit "B" and depicted in Exhibit "C". b. The package store authorized by this Special Use Permit shall not exceed 2,143 square feet in size. c. All off-street parking shall meet the following conditions prior to the issuance of the certificate of occupancy: (1) there shall be a minimum of 32 parking spaces provided on the subject property, (2) the applicant shall provide a shared parking agreement with the adjacent property owner to the north located at 4409 Colleyville Boulevard. d. Prior to the issuance of the certificate of occupancy, landscaping shall be installed and maintained meeting the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. e. All signs advertising the package store shall meet the following conditions: (1) all signage, including existing signage, shall, at a minimum, meet the minimum requirements of Chapter 7-Sign Regulations in Land Development Code; (2) Section 108.52 of the Texas Alcoholic Beverage Code is hereby adopted by reference of which all requirements pertaining to signage shall apply to this Special Use Permit; (3) Upon abandonment of the business authorized by this Ordinance 0-10-X~CX Page 3 of 4 Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within six months of abandonment. f. The building design of the business shall be generally consistent with the attached Exhibit "D". Otherwise the final design shall, at a minimum, have a design score of 32 as described in Chapter 6 of the Land Development Code. g. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "E". h. 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. i. 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. 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. Ordinance 0-10-XXXX Page 4 of 4 The second reading and public hearing being conducted on the day of 2010. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary 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 Mir Burr F~t,i9ttvt±r, a;G.1- ~y=r~~.tc~> C. rnnr,iflit`~ ~Je~r~l+~~°~rrur~t f?e~~ar`m~~nr C%:~r~_w~. ie~ T,~ 760 ~~r~ :~ ,~r~a! 1~i~e ~cttlt4t ~ f+~abil ~ t ~c mt.5 a~~'=- ~ ~ ~ ,~..~~ . ~ .- _ . _~ ~r,:'u N{i i!5(ftrlVtrt't, _: •isl~!r7 Mebu sia`.~c,: ':.r ss~s ~~i ~ r-. ^__ ~t ~t~t~ end a?'.aCi~, s;ar rash 3~y i~~ l")Wrt~r ~~ tfi~?t ~,, x ~ ~ r ~!ar~ -,:. '^ '~-' rte, -~. ~~= w,'r5~ a_ S .a:+~».^t'r, ^.'+~ '.>' rr ^.> ~~.~'ate rt.~:~r t;~e. The lIc w •;.z:' ~"~~c hs~ "a4~ 3 ss{~arlti' E:HP3t'u^,r w'.!th { !'°E'+,Y'&t;~.tf) ~`NE5 Ph47 ht~UC+f Sti7ttR Nh11 ~x{h8n~l it1~61S9~. 5t?e C-sthtr* {,. reDt~ E rhn ~*:, ~tin~ s~,~w»~n shoes, wit'd a new =~mirr+r~ wAl1 betwC~rtn the twa ~ ; ~~~+t e' ,r~x TP~'t~wlrl~rx~ will ~p Ex~rbr-7t~i1 ~~8~+ $E" I Jih ni~tr t~~:~C;t+ wIN m3tGh zYfB(: Kg britk C.t?a~' 71nd ~ ?:.~tst stflne mcrl~:na:..4ttd tt:~tya n:~r,.,n.;, stu~r.:~s r,awr L~rcrt a+~C~" Tnr isuik~mg exterry w~"! rema~ tt s?~ ^^ ~;+.~:;ai~..> ~~~,t t" ~ht t*~ t~~ .w.s1,~ +~e c ~s ,~ '! tvc ~~~::_v w !~. G',tss s'~te~axt systeer e..C°.&,.. J C~' ~,e'"~!r< ch~• {r;.<;,~~5~a,' ~«ut C< ~Jt q~~?~t 3~'r tr,~~' F,~s*dW t~;~..tc.9f 4t~f8 bV 9~Y~t'4S sR,~{~ J Cx=~ «.F.t t'x F? : ht Ni- arir1 a>ssc ^ .,,,1~t1a'f s r~ ~;Er ~~{=F ~'~'EC7 ~1~~ ~ . Ya4~ ...........~. Exhibit "C" -Site Plan i 4i !~ ~'CyLL~'fYCI~..~ BLY©. v a ~ ~ ,„,,.,~,,, .w._... . r ~ - ' -.n,...~.- ,~.~.~. .~ .,.~.~,.~. ~ ~. ,.._ _. _ ... .. _ 4 -. ,• ~ J' ~ ~ , ~,4.ed m "'fp ~.'~ ~..... ' ~~. j~~ -'. ~ '~ J h ~~ ., ~~ e ~ ~ ``r, ?,r fk ~ _ ~ ` 4 ' ~ J{t E r ~ tln~ s --r S~Z,',~ ~` a t ` S -i ~ x i . _.- i~ k ~ ,~ 7 '~ '"'s G ~~" ,~ 9w fi .~~~ ~ ~ ~~' , . ~ ~~ '' x .- ,.- z ~' ~~ ' `~ I c~ ~' ~ ,~ . ~ '~ ~, ~ _ t'~. y °~ 3 _ __. ~_ __ _ _~. _ ~F~ ,-,. ~~~~~ ~ „E~~.p~~~ ~ -• ' ~ a } ,, r ~' ,~._, , _~ < < ~.. 6., . ~ a ,~ ... 4_~ _ _ . s '~Y s ~ ~ ~ Y ~ ~ ;$ix~ ~(4~ ~ t ,,.i, ~ ~, S ~ ~! t ~ }~~g~ m ~ } ~ C } ,> 1 ~ ~ ~~ S~ :~ ~~ ~~ c ~ w ~ Exhibit "D" -Building Elevations ~ ~ , ~, ~ ~ ,. ~~~ ~ . L ~-- ,._ : . ,. i... ~ _ __.- ~,~ ~~~„~ .. t '~I ~ '~ ~-a ~~ . y ~~ ~~ m ~ . ~ ,~ ,. f fit Y.~ k.; i ~ ,~ y+(" -~ ~ j `-~ l ,_ .. ~ I ~ . .... .._.,.,.., _ ~.., { G7 ! ~: ... ` [[ i ~~ -~ 1 j 1 ~ i~~ " $ at 1i~y~i '! i ~ ~ `-~ _ ,std={ ! s ~ z $` Bj '~ !~ ~ii Exhibit "D" -Building Elevations continued 4 -~ '~ ~- r , ~~ - -- r f :..~~-r- iv' ~ m ~~ ~~ _ - ~~ --- ,~ -, ~ , :a:.. . __ __. ; „ ~__ _ .P ~,,, . ~ _i _ - ~ ~ 3(4` ..1~ S _ _.~ ~~,~^' ~ ~~ ~ Y ~ ~ ~ 3~~~ ~i~~ s i ~ t ~ 4 Exhibit "E" CRIME PREVENTION RECOMMENDATIONS FOR CONVENIENCE STORES AND PACKAGE STORES Purpose The purpose of these recommendations are to protect the health, safety, and welfare of the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that may occur in a convenience store or package store in the City. To this end, these recommendations address best practices in crime prevention through environmental design including height markers, visibility into and around the business, alarm systems, physical security, drop safes, surveillance camera systems, and minimum staffing requirements. Definitions Unless otherwise expressly stated, the following terms shall, for the purposes of these recommendations, have the meanings indicated in this section: "Convenience Store" means an establishment designed, intended, adapted or used primarily to provide for consumer shopping of a brief duration, characterized by a limited product mix (generally emphasizing prepared and snack foods, beverages, tobacco products or gasoline/motor vehicle fuel), close-in parking, and limited retail space. "Drop Safe" means a cash management device in which money can be deposited without the depositor having access to the contents. "Employee" means any person listed on the payroll of a convenience store or package store as an employee, whether part-time, full-time, permanent, or temporary. The term does not include a person providing only janitorial or security services to the store. "Height Marker" means a measuring strip that is attached on or near the door frame of doors used for ingress and egress to the store to aid in identifying the height of a person suspected of committing a crime. "Package Store" means a retail establishment that sells "liquor", as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise consumption. "Manager" means the person designated as the supervisor or person in charge of the operations of the store. "Owner" means the person or persons who hold title to, leases or has a possessory interest in property for the purpose of operating aconvenience/package store. Height strips A convenience/package store shall have height strips posted at all public exits to aid in obtaining a physical description on any suspicious person or suspect in a criminal offense. Visibility A) A convenience/package store shall maintain an unobstructed line of sight allowing a clear view of and from the cash register and sales transaction area through all windows and public access doors. Such windows and doors must be clear of all items that would obstruct a clear view including, but not limited to, tinting, signage, advertisements, shelving, and merchandise. Such unobstructed line of sight must, at a minimum, extend from three feet above the ground to at least six feet above the ground. B) Landscaping shall be maintained in a manner that allows an unobstructed view of all windows and doors in an attempt to prevent blind spots or places of concealment. Alarm system A) A convenience/package store shall have a silent panic or holdup alarm system for which a permit has been issued by the City. This system shall, at a minimum, include a panic button located within reach of the cash register and out of view of the customer. Such panic button will generate an alarm signal indicating a holdup or other life-threatening emergency requiring a police department response. B) A convenience/package store shall have posted at all public exits and entrances signs or decals indicating that a security alarm system is in use. Entrances and Exits A) All doorways shall be secured with a deadbolt lock. Deadbolt locks within 40 inches of a breakable surface must be a double cylinder lock. B) Service or delivery entrances shall be equipped with an exterior, high resolution digital video camera or a "peep hole", which enables employees to visually observe the area immediately outside the door. Drop safe A) A convenience/package store shall have a drop safe on the premises to keep the amount of cash available to employees to a minimum. A drop safe must be bolted to the floor and may have atime-delay mechanism to allow small amounts of change to be removed. B) A convenience/package store shall have a written cash accountability policy mandating the maximum amounts of cash that can be kept in cash registers. C) A convenience/package store shall have posted, at or near the point(s) of sale, decals or signs indicating that employees cannot open the safe and that employees have minimum cash on hand. Surveillance camera system A) A convenience/package store shall have a minimum of two, color digital high- resolution surveillance cameras. One camera must have an overall view of the counter/register area and the other camera a view of the main entrance/exit area and both shall display the correct date and time of the recording. B) The entrance/exit area camera shall be placed to provide a clear and identifiable full frame of the filmed individual's face. C) The cameras shall be operated at all times including hours when the store is not open for business. D) The owner or manager shall provide the police department, upon request, digital color images in connection with any criminal investigation. E) The owner or manager shall maintain a library of the recorded digital images for not less than 30 days. F) A convenience/package store shall have posted, at or near the point(s) of sale, signs or decals indicating that surveillance cameras are in use. Minimum Staffing (A) A convenience/package store will maintain a minimum staffing of at least two (2) employees on-site at all times when the business is open.