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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-7/26/2010City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~`.fi 1)' iii .i ~ ~ ;,. J~ ~,~, Meeting Agenda Monday, July 26, 2010 6:15 PM City Council Chambers Planning and Zoning Commission ~~~,~~~~ City of Colleyville ~~~~ Meeting Agenda ~,.>., Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, July 26, 2010 6:15 PM City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF 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 Rotthaus 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES July 12, 2010 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a Special Use Permit for a Package Store on Lot 10, Block 23 of the Village at Colleyville Condo Addition located at 62 Main Street, Suite 110, Case ZC10-013 City of Colleyville Page 1 Printed on 7/16/2010 Planning and Zoning Commission Meeting Agenda July 26, 2010 7b Approval of a request for a Special Use Permit for a Package Store on Lot 2, Block 11 of the Longwood Estates at Ross Downs Addition located at 7171 Colleyville Boulevard, Case ZC10-016 9. Al9JOURD~MENT I here certify the ove agenda was posted on the bulletin boards at City Hall on Fri y, July 16, 2 10 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Pnntea on n~oi~v,v City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~.,~~ ; ~, ~'f -~ -i /'\.M Minutes -Draft Monday, July 12, 2010 6:00 PM City Council Chambers Planning and Zoning Commission "' City of Colleyville ~~~c ~ Minutes -Draft ~~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 City Attorney Michael Kallas explained that the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal. He further explained that there would be no decisions made or actions taken during this time. The meeting was recessed at 6:28 p.m. into executive session and reconvened into open session at 6:46 p.m. 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Dudziak on July 12, 2010 at 7:05 p.m. Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Ron Rotthaus, and David Phelps Absent: Commissioner Byerly Staff Present: Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, City Engineer Jeremy Hutt, City Manager Jennifer Fadden, Police Chief Steve Dye and Fire Cify of Colleyville Page 1 Printed on 7/16/2010 Planning and Zoning Commission Minutes -Draft July 12, 2010 Chief Russell Shelley, Fire Marshal Rob McKeown 3. INVOCATION The invocation was given by Commissioner Phelps. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Redfearn moved to approve the June 28, 2010 meeting minutes as written. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Rotthaus, Phelps Absent: 1 -Byerly 6. RECOGNITION OF OUTGOING MEMBER The Planning and Zoning Commissioners recognized Commissioner Clardy's service on the Commission and thanked him for his service. 7. SWEARING IN OF NEWLY APPOINTED MEMBER Amy Shelley administered the Oath of Office to the newly appointed member Don Davis, Place 6, to the Planning and Zoning Commission and the Capital Improvements Advisory Committee. He then took his place on the diaz and from this point forward was included in the vote. 8. APPOINTMENT TO PARK LAND DEDICATION COMMITTEE Commissioner Redfearn made a motion to appoint Commissioner Rotthaus to the Parkland Dedication Committee. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Davis, Rotthaus, Phelps Absent: 1 -Byerly 9. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 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 Ron Ruthven presented the case and briefed the Commissioners. City of Colleyville Page 2 Printed on 7/16/2010 Planning and Zoning Commission Minutes -Draft July 12, 2010 Commissioner Redfearn questioned staff regarding the limited number of parking spaces. Ron Ruthven stated the Land Development Code requires one space per unit therefore they would be required to provide 93 spaces. However, the residents of the facility will not be driving therefore the spaces would be for employees and visitors. Staff feels that adequate parking has been provided. Commissioner Phelps questioned staff regarding how the waivers will work if the facility is not developed and the CC2 zoning uses remain in place. Ron Ruthven replied an amendment to the PUD would have to take place if the facility is not constructed. Commissioner Phelps questioned staff regarding what the value is of retaining those CC2 zoning district uses. Ron Ruthven replied the applicant stated they wanted those uses to remain in the event that the property does not develop as requested. Commissioner Dudziak questioned staff regarding if this zoning request will supersede the current zoning. Ron Ruthven replied correct; the applicant wishes to keep the existing CC2 zoning uses in the event that the facility does not develop. He further stated that the draft ordinance is written so that the CC2 zoning district uses are limited to the other tract, not the assisted living facility tract. He suggested the Commission allow either or but not both uses in the draft ordinance. Commissioner Rotthaus questioned staff regarding if there are any other security related issues with regards to this case that should be considered in the ordinance. Ron Ruthven stated they are going to have 24 hour surveillance security cameras in place and the property will be gated. Commissioner Phelps questioned staff regarding the 25 foot versus the 40 foot set back; are the adjacent developed properties in compliance with this property with regards to this setback area? Ron Ruthven replied the adjacent residential properties have two open space, undeveloped areas. He stated most properties are undeveloped along Lavaca Trail. Commissioner Dudziak opened the public hearing at 7:22 p.m. Tony Callaway, with Miller Hodges Architects, the applicant came forward to present the case and brief the Commissioners. Steve Garman, 704 Saddlebrook Drive, Colleyville, is the operator of the proposed development, came forward to present the case and brief the Commissioners. City of Colleyville Page 3 Printed on 7/16/2010 Planning and Zoning Commission Minutes -Draft July 12, 2010 Commissioner Redfearn questioned Mr. Garman if this will be developed in phases. Mr. Garman replied the main building is one phase and the cottages are to be constructed in Phase II. Commissioner Redfearn questioned Mr. Garman regarding the location of the kitchen. Mr. Garman replied the kitchen is in a dedicated area, the common area. He stated it will be a central kitchen. Commissioner Rotthaus questioned Mr. Garman regarding how much of an impact there will be to police and what are the statistics of the frequency of emergency for ambulance visits. Mr. Garman replied usually not more than two a month; however every case is individual. He stated doctors will visit inside the facility. Commissioner Phelps questioned Mr. Garman regarding the briefing states that 18 cottages; however the conceptual site plan depicts 14; what is the difference in the number? Mr. Garman referred to Mr. Callaway; Mr. Callaway stated there are to be no more than 14 cottages, with no more than 18 residents. They have allowed for the maximum number of 18 for the transition of the spouses; the spouse may come back in the evening with the care giving spouse until the full transition has been made to a full time patient. Commissioner Phelps questioned Mr. Garman on whether or not there are full size kitchens in the proposed cottages. Mr. Garman replied these cottages are designed to be a short term stay; therefore an efficiency kitchen is provided in the cottage. Commissioner Phelps questioned Mr. Garman regarding if there are special requirements for the fire protection in those cottage units. Mr. Garman replied that these cottages will meet the fire and building codes. Commissioner Dudziak questioned Mr. Garman regarding ingress and egress with parking spaces. Mr. Garman replied that the visits to the residents tend to drop off after a period of time therefore, at the maximum, the employees spaces will be the only ones filled to capacity. Commissioner Dudziak questioned Mr. Garman regarding if there is a plan in place in case a resident wanders away. Mr. Garman replied these residents are monitored by an apparatus attached to them. He stated they are required by the state to have these procedures in place before it can open. He stated they will know when someone leaves their room, leaves the pod, leaves the area in which the pod is located or gets out of the gated area. Commissioner Phelps questioned what is the rational for the need of the City of Colleyville Page 4 Printed on 7/16/2010 Planning and Zoning Commission Minutes -Draft July 12, 2010 waiver request for the 25 versus the 40 foot setbacks. Mr. Callaway came forward to brief the Commissioners with regards to the conceptual site plan and design layout. He stated the facility is a single story facility. He stated because of the ponds they do not have a great amount of flexibility with the design layout. He stated they will not want to take away the existing tree buffers. He stated they do meet the landscaping requirements. He stated the cottage design is not set. He clarified that they fully expect to build the project, however the current land owner has requested that the current CC2 zoning district uses be kept in case the project is not funded. Commissioner Phelps stated for clarification that the ordinance reflects the CC2 zoning district uses remains for tract 1 only. Mr. Callaway stated he did request staff to have the uses on both tracts and stated if this is approved he would like for those uses to remain on tract 2 as well. He stated that any other changes would require an amendment to the PUD. He stated they would like to have an architectural feature that would exceed the 35 foot height maximum. He stated they are looking at co-development for the front tract; it is under an option. Commissioner Dudziak questioned Mr. Callaway regarding open space; he stated the site plan does not have any sidewalks except for a small courtyard; there is no designated open space areas. Mr. Callaway stated there is a potential for garden areas but because of the security issues, the open space areas would have to be fenced. He stated they will accommodate an area for emergency evacuations. He stated the design will have to work best for the security issues. Commissioner Dudziak stated there is a lot of open space containing water which does not meet the open space requirements. Mr. Callaway stated this is a drainage area and they plan to make the water features an amenity in the area. He stated the property line goes right down the middle of the drainage easement. He stated they will work with staff to make the development in compliance with the code. Judy Ruggere, 1013 and 1101 West Lavaca Trail, spoke with concerns for the drainage issues. She stated she would like some resolution with the drainage before this project moves forward. Randy Gray, 6233 Cimmarron Trail, spoke with concerns for the parking, the setbacks, lighting and the size of the development. He stated he was not necessarily opposed the development; he would like to visit with the applicant. John Fegan, 1303 Bellefonte Lane, the owner and developer of the Villas of Colleyville, came forward and spoke in opposition to the request with concerns for the setbacks, trees being removed, traffic on Lavaca City of Colleyville Page 5 Printed on 7/16/2010 Planning and Zoning Commission Minutes -Draft July 12, 2010 Trail, the use of the cottages that could turn into an apartment complex, the dual zoning, any structure greater than the maximum of 35 feet, lighting next to a residential area and the screening plans. Charles Hodges, 13642 Omega, business owner and developer in Colleyville spoke in favor of the request. Economic Development Director Marty Wieder came forward to present the economic development side of the request. Commissioner Dudziak questioned staff regarding if this is really the best use of this area given this is a commercial, retail property. Marty Wieder replied this area is adjacent to a medical office property. He stated retail usually goes at hard corner, signalized areas. He stated this could spur redevelopment for the whole area. He stated this will help the daytime population for those restaurants in our area. Mr. Callaway came forward to address some of the issues that were brought up during the public hearing. He stated the drainage study could be addressed at the time of the development of the property. He stated they will work with the engineering department for that issue. He stated this is a unique development which will be specific to the needs of the patients. He stated they will mitigate any trees to be removed. He stated they will work with the code in regards to the lighting. He stated this will be a low impact to the traffic generation. He stated if the removal of the cottages would be more appealing for the approval, they would be able to work with that. He stated the architectural feature is at least 200 feet away from any residential use and stated they would like to have that feature remain. Commissioner Phelps questioned Mr. Callaway regarding the cottages, would you be willing to have general restrictions, like facing them toward the development rather than facing Lavaca Trail? Mr. Callaway replied they will work with staff with any recommendations. Commissioner Dudziak questioned Mr. Callaway regarding if they would like to keep the cottages or have them omitted. Mr. Callaway stated they would like to leave the cottages in the request; however, he further stated that they would rather the Commission delete the cottages rather than deny the request because of the cottages. There being no one wishing to speak, the public hearing was closed at 8:30 p.m. Commissioner Phelps questioned staff regarding there is little or no language regarding what code the cottages will follow; what part of the code would govern those cottages, how many units? Ron Ruthven City of Colleyville Page 6 Printed on 7/16/2010 Planning and Zoning Commission Minutes -Draft July 12, 2010 replied the ordinance does address the cottages with regards to rentals. Commissioner Phelps replied yes, that is a use statement not a building code statement. Ron Ruthven stated the cottages will have to meet all of the life safety codes (building and fire) with regards to construction. Commissioner Redfearn stated the ordinance does not mention that they would be single story units. Commissioner Phelps questioned staff with regards to whether there are any building code standards different than building code standards for the assisted living facility. Ron Ruthven stated the story height can be addressed in the ordinance and he further stated that, with regards to the actual patient facility, they will have to meet the city and state regulations. He stated the cottages will meet the building and fire code just like a residence. Commissioner Phelps questioned staff regarding the adjacent property and the setback with regards to this development; are they in compliance with the setback for this development? Ron Ruthven stated the closest home is set back 100 feet from Lavaca Trail. He stated the residential developments have open space buffers. He stated the closest setback allowed would be the lots zoned R20-Single Family Residential with a 30 foot front setback. Commissioner Phelps stated he had concerns with the apartment style use of the cottages. He stated the lots on Cimmarron next to Lavaca Trail, are open space lots? Ron Ruthven concurred and replied they are 40 feet in width from Lavaca Trail. Commissioner Redfearn questioned staff regarding if the cottages were setback from Lavaca Trail 40 feet, could parking still be within that setback. Ron Ruthven replied, yes. Commissioner Dudziak questioned staff regarding if the open space calculation is done on tract 1 and tract 2 or is it done just on tract 2. Ron Ruthven replied just tract 2. Commissioner Dudziak questioned Fire Marshal Rob McKeown regarding if there is adequate street access. Rob McKeown replied, yes. Commissioner Dudziak questioned Rob McKeown regarding if there is a higher emergency use than the applicant is estimating with this older population. Rob McKeown replied the applicant is close since there is no real way to know when an emergency will occur or is necessary. He stated they take the patient to the facility of their choosing, unless it is life threatening then medial personnel will choose the facility which is easiest and quickest to reach. City of Colleyville Page 7 Printed on 7/16/2010 Planning and Zoning Commission Minutes -Draft July 12, 2010 Commissioner Dudziak questioned Police Chief Steve Dye regarding if there are any traffic issues with this use on Lavaca Trail and Precinct Line. Steve Dye replied that this will be low impact to any traffic concerns. Commissioner Dudziak questioned Steve Dye regarding if he has any concerns about drainage causing a problem with safety in this area. Steve Dye stated he would have to refer to the City Engineer Jeremy Hutt for drainage issues. Steve Dye stated water in the roadway could cause an issue but there have been no issues to his knowledge. Commissioner Phelps stated he would prefer not allowing the setback waivers; it is a conceptual site plan with some flexibility; he doesn't believe the five feet would hurt either way; 25 feet versus the 40 foot setback on the front. He sees that as an opportunity to be creative especially with possible road flooding; he stated having the cottages would contribute to the value of the site and the residential area; stated having reservations with filling that space with a parking lot; he stated one restriction would be to have the development be single story; he would like to see the entrances to the cottages be interior entrances, not facing Lavaca Trail. Commissioner Redfearn questioned Commissioner Phelps, for clarity, not south facing. He stated he does not want entrances to face Lavaca Trail to give the appearance of apartments or a hotel. Commissioner Redfearn stated being supportive of an architectural feature not higher than 50 feet; one story limitation on the cottages; the CC2 permitted uses to be limited on tract 1 only, but tract 2 be specific for an assisted living and memory care facility only. He stated it is cleaner for the draft ordinance to be left like it is. Ron Ruthven reminded the Commissioners that the Land Development Code currently exempts architectural features from the 35 foot height limitation. The Commissioners concurred that the feature could be limited. Commissioner Phelps stated the ordinance language needs to reflect the occupancy on the cottages, not necessarily the number of units. He stated limiting the number to 14 cottages with no more than 18 occupants. Mr. Callaway concurred with that recommendation. Commissioner Rotthaus stated having an issue with the limited amount of parking spaces, especially if there are two people who are dwelling in the cottages who are driving. Mr. Callaway stated the cottages are limited for a transitional period only; they are to be temporary. Commissioner Dudziak stated having an issue with the overall use for this property. He stated it is a good transition between residential and a City of Colleyville Page 8 Printed on 7/16/2010 Planning and Zoning Commission Minutes -Draft July 12, 2010 retail area. He stated he would like to encourage retail on the corner. He stated having an issue with attaching the CC2; it should either be CC2 or PUD on tract 2. Ron Ruthven stated there are no CC2 uses attached to tract 2 in the draft ordinance. Commissioner Phelps moved to approve case ZC10-017 with the following amendments: 1) Setback waivers to be removed; 2) Cottages be restricted to one story unit with no southern entrances; 3) No more than 14 cottage units which may not exceed 18 occupants; 4) Limit the height of a single ornamental feature which may not exceed 50 feet in height. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Davis, Rotthaus, Phelps Absent: 1 - Byerly 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 Before this case was heard, the Commissioners took a break at 9:10 p.m. and returned at 9:18 p.m. It was during this time that Commissioner Rotthaus had a family emergency and had to leave the meeting; therefore, he is not included in the remainder of the votes. Ron Ruthven presented the case and briefed the Commissioners. Commissioner Knox questioned staff regarding the number of parking spaces on the exhibit reflect 36, but the briefing reflects 48, what is the difference? Ron Ruthven replied, 48 are required per the code. Commissioner Dudziak questioned staff regarding if the parking spaces by the gas pumps count towards that number. Ron Ruthven replied yes. Discussion occurred between staff and Commissioner Dudziak regarding parking and sidewalk areas on the exhibits. Commissioner Dudziak stated there does not appear to be alot of maneuvering space in the parking areas. Ron Ruthven stated the exhibits meet the Land Development Code requirements. Commissioner Redfearn questioned staff regarding the SH121 side, next to the dumpsters; what is this area? Ron Ruthven replied that is the propane area and a covered awning with firewood sales. Commissioner Davis questioned staff regarding if the propane sales will remain. Ron Ruthven replied the applicant is requesting the propane City of Colleyville Page 9 Printed on 7/16/2010 Planning and Zoning Commission Minutes -Draft July 12, 2010 sales to remain; however staff recommends removing the propane sales as it would not be allowed if this were a new development. He stated the propane structure is beyond the front build line. Commissioner Dudziak questioned staff regarding if the propane can be removed or not because it is grandfathered in. Ron Ruthven replied it is grandfathered in as the business exists today, however as part of the condition of approval of the SUP request, it could be removed. Commissioner Dudziak questioned staff regarding the building design standards; is the applicant making any adjustments to the facade to bring them up to current standard? Ron Ruthven stated the applicant wishes to put some austin stone accents on the front. He stated if those stones stick out from the building itself, it could count towards the building design score. He stated they could also put awnings over the windows to bring the score up to 25. Commissioner Phelps questioned staff if the entrance to Glade Road from SH121 would be allowed if built today. Ron Ruthven replied the driveway would not be allowed and it could also be a condition of approval to close the driveway. Commissioner Phelps questioned staff if the access agreement has been met with the adjacent property owner. Ron Ruthven stated the applicant is working with that property owner, but an agreement has not been submitted. Commissioner Redfearn questioned staff regarding how the parking spaces are calculated for the business. Ron Ruthven replied 48 are required by the code. He further stated the total gross square foot of the building is divided by 200. Commissioner Redfearn stated the gross square footage on the exhibit indicates 7,240 which would make 36 parking spaces. Ron Ruthven replied he used the square footage indicated on the appraisal district to calculate the parking spaces. He stated the upstairs office may have added to the square footage. Commissioner Dudziak opened the public hearing at 9:36 p.m. Charlie Hall, 5606 Amador Trail, the applicant and property owner of Hall's Grocery, came forward to present the case and brief the Commissioners. Commissioner Knox questioned Mr. Hall regarding if the future access is being worked on. Mr. Hall replied yes, he is trying to get the agreement. Commissioner Dudziak questioned Mr. Hall's understanding an agreement may be a requirement of the proposed ordinance. Mr. Hall City of Colleyville Page 10 Printed on 7/16/2010 Planning and Zoning Commission Minutes -Draft July 12, 2010 replied he understands. Robert Johnson, 2900 Glade Road, came forward to help answer questions. He stated that future access to the adjacent stores may be very difficult to get. He stated they have met the parking requirements. Ron Ruthven stated with this location, because it is going to be very busy, he suggests having more parking than what is required. Commissioner Redfearn questioned Mr. Hall regarding if he would have any issues with brining the property up to current standards with regards to landscaping and building design standards. Mr. Hall replied he would be willing to do whatever is necessary. He stated he has plenty of shrubs along the back side of his building and along the southwest corner of the property. Commissioner Redfearn questioned Mr. Hall regarding the firewood, propane and plant sales. Mr. Hall replied he would like to keep the firewood sales for seasonal times; he stated the plant sales are going to be gone as soon as he sells out of everything and stated he needs to keep the propane sales because those make him a profit. Commissioner Dudziak stated having an issue with the propane sales and questioned Mr. Hall regarding if the propane sales were made to go away, would that be a deal breaker on the request for the SUP for liquor sales. Mr. Hall replied he would like to keep the propane sales. Commissioner Phelps questioned Mr. Hall regarding if he would be willing to move the propane tank 10 feet to the west. Mr. Hall replied he would be ok with moving it, if staff would like for it to be moved. He stated he has taken all safety precautions for the propane sales with state requirements. Commissioner Davis questioned Mr. Hall regarding if the plant and produce sales have closed. Mr. Hall replied, yes. Commissioner Davis questioned Mr. Hall regarding if the deli will remain open. Mr. Hall replied yes. Commissioner Davis replied he has given up some of his sales. Mr. Hall concurred and stated the propane sales are a profit for him. Commissioner Phelps questioned staff regarding if there will be an issue with the driveway route if access is not granted by the adjacent neighbor. Ron Ruthven replied the property meets fire code for access. Reece Norris, 3407 Langley Hill Lane, spoke in opposition to the request with concerns for the students in the area, crime and the overall idea of Colleyville having liquor sales. City of Colleyville Page 11 Printed on 7/76izu'-u Planning and Zoning Commission Minutes -Draft July 12, 2010 Shauna Ferguson, 3404 Langley Hill Lane, spoke to the request with concerns for keeping the liquor stores from not looking like other liquor stores. She questioned what can be done to manage them being all over Colleyville. There being no one else wishing to speak, the public hearing was closed at 9:59 p.m. Marty Wieder stated the citizens have logged their request. He stated there is a potential for sales revenue. Commissioner Redfearn questioned Police Chief Steve Dye regarding what concerns he may have for liquor stores. Steve Dye came forward and presented his findings and an overview for liquor stores. Commissioner Davis questioned Steve Dye regarding if these recommendations have been covered with Mr. Hall. Steve Dye stated they had not; however Ron Ruthven has covered this information with the applicants. Ron Ruthven concurred. Commissioner Phelps questioned Steve Dye regarding the word recommendation has been used frequently throughout his presentation; to what extent are the requirements and not recommendations? Steve Dye replied he would refer that to Ron Ruthven. Ron Ruthven replied staff would include those in the ordinance as regulations and would make sure they were in complete compliance before they received their Certificate of Occupancy. Commissioner Dudziak questioned Steve Dye regarding the windows to the facility, are you suggesting there be no obstructions, free from shelving. Steve Dye replied they are asking for a clear line of sight to the cash register to the parking lot so that officers can see the cashiers as they drive by. He stated the criminal elements will look to see if there is clear visability. Commissioner Davis stated not wanting to make a business owner get rid of a profit center especially in the economy that we are currently in. Commissioner Davis questioned Fire Marshal Rob McKeown regarding if he inspects this location. Rob McKeown replied he does not inspect this location. He stated the Texas Railroad Commission inspects this location and he stated there are currently no fire code violations. Commissioner Dudziak questioned Mr. Hall regarding if he will comply with the number of employees. Mr. Hall replied, absolutely. Discussion occurred by staff and Commissioner Phelps regarding the fire lane access and the benefits of having the lane. City of Colleyville Page 12 Printed on 7/16/2010 Planning and Zoning Commission Minutes -Draft July 12, 2010 Commissioner Davis questioned staff regarding why it is that staff is asking Mr. Hall to get rid of the propane? Ron Ruthven stated no structures are allowed in the front setback, as a new development, the propane would not be allowed in this front setback. Commissioner Redfearn questioned staff regarding section 1. e. of the ordinance, "prior to the issuance of the certificate of occupancy" would that be for the new build out. Ron Ruthven concurred. He also stated the liquor store will require a new suite unit and a new Certificate of Occupancy. Commissioner Phelps questioned staff as this exhibit reads, the dumpsters are on the wrong side of the setback along with the propane tank. Ron Ruthven replied the dumpsters and the propane tank are recommended to be located behind the front setback. Commissioner Redfearn questioned staff regarding if the dumpsters can sit within a walled off area. Ron Ruthven replied there are no setback requirements for dumpsters. He stated it is best to have dumpsters located behind the front setback. Ron Ruthven replied they are allowed as long as they are not located along the property line or obstructing the view of traffic along the road. Commissioner Dudziak stated this is an opportunity for the Commissioners to help bring businesses up to current Colleyville standards especially since there are more requests like this to consider. He stated he does not want the dumpsters to face SH121. Commissioner Redfearn questioned staff regarding how long after City Council approves this would it take this business to begin selling liquor. Ron Ruthven replied about 4 to 6 weeks, according to TABC. Commissioner Redfearn questioned staff regarding if the City Secretary would sign the TABC form after the city has approved the SUP. Ron Ruthven replied yes. Commissioner Dudziak questioned staff regarding the design score for the building. He stated the Commission could not tell a business owner what to do with his business, but could give him the score they would like for him to receive. Ron Ruthven replied, yes. Commissioner Dudziak questioned staff regarding increasing the building design score from 25 to 30; what would need to take place for that design score to raise? Ron Ruthven replied a score of 30 would require some stone accents to come out from the building and some awnings. He stated it would require significant structure changes to get City of Colleyville Page 13 Printed on 7/16/2010 Planning and Zoning Commission Minutes -Draft July 12, 2010 to a building design score of 35. Commissioner Phelps moved to approve case ZC10-011 with amendments to the draft ordinance, 1) Section 1c regarding parking spaces from a required 48 to 36 parking spaces; 2) To remove the last sentence of section 4 1c. "if the shared parking agreement required by this section is ever cancelled, this Special Use Permit shall become null and void". He stated not wanting to hold this business owner hostage by another business owner; 3) Section 1 e, change the language regarding the propane sales to include that "where the propane sales shall be relocated and allowed behind the front setback". Commissioner Davis seconded. Commissioner Dudziak questioned Commissioner Phelps whether he wants the access to the adjacent property. Commissioner Phelps stated he would like Mr. Hall to still pursue the agreement, but does not want the SUP to become null and void if it does not happen. City Attorney Kallas replied that may be allowed; however, if the parking is not sufficient for the use requested, the Commissioners can change the language to reflect it may become null and void. Commissioner Phelps stated he understood that the parking is sufficient with the calculations. Commissioner Redfearn stated not knowing if they were clear on what the actual square footage was on the building. Ron Ruthven replied the actual calculation can be done when the application is made for the Certificate of Occupancy and can be worded such that the ordinance states one parking space per 200 square feet of gross floor area. Commissioner Dudziak stated having an issue with counting the parking spaces located at the gas pumps. Ron Ruthven stated the Land Development Code does not address the counting of those spaces. He stated other cities do count those spaces. Commissioner Knox stated he would like to add an amendment that the building meet the minimum design score of 25. Commissioner Phelps and Commissioner Davis agree. Commissioner Phelps made friendly amendment to comply with the language of the Land Development Code of the one parking space per every 200 gross floor area instead of a specific number. Commissioner Phelps and Commissioner Davis agree. Commissioner Redfearn made a friendly amendment to accept the revised site plan in the ordinance. Commissioner Phelps and Davis agreed. City of Colleyville Page 14 Printed on 7/16/2010 Planning and Zoning Commission Minutes -Draft July 12, 2010 Commissioner Dudziak made a friendly amendment to move the dumpsters to inside the front building line. Commissioner Phelps stated the language in the ordinance already reflects that. Commissioner Dudziak further added he would then like for the dumpsters to face away from Glade Road and SH121. Commissioner Phelps stated that may not be practical because they are already fully enclosed. Therefore, neither agreed to the motion. Commissioner Dudziak made a friendly amendment to increase the building design score to 30, to further enhance the building. Commissioners Phelps and Davis respectfully declined the amendment. Commissioner Dudziak stated being disappointed. Commissioner Dudziak recapped the motion: Commissioner Phelps moved to approve case ZC10-011 with amendments to the draft ordinance, 1) Section 1c regarding parking spaces to reflect the Land Development Code requirements of one space per 200 gross square feet of floor area; 2) To remove the last sentence of section 4 1 c. "if the shared parking agreement required by this section is ever cancelled, this Special Use Permit shall become null and void"; 3) Section 1 e, change the language regarding the propane sales to include that "where the propane sales shall be relocated and allowed behind the front setback; 4) Add the revised site plan to the ordinance; 5) The building design score shall meet a score of 25. Commissioner Davis seconded. The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Davis, Phelps Nay: 1 -Dudziak Absent: 2 - Rotthaus, Byerly 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Redfearn questioned staff for clarity of the zoning districts in the area. Commissioner Dudziak questioned staff regarding the access to the adjacent property on Brown Trail. Ron Ruthven explained the entrance is used to access the medical facility and is rarely used to access the subject property. Commissioner Dudziak questioned staff regarding if the letter of opposition received was from the medical adjacent property. Ron City of Colleyville Page 15 Printed on 7/16/2010 Planning and Zoning Commission Minutes -Draft July 12, 2010 Ruthven replied yes and that any vehicles parked on this property could be towed. Commissioner Dudziak opened the public hearing at 10:51 p.m. Atef Henary, the applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Knox questioned Mr. Henary regarding if the dumpster is enclosed and if it will be able to take care of the additional boxes. Mr. Henary replied yes, and stated they can upgrade the size of their dumpster. Commissioner Redfearn questioned Mr. Henary regarding what takes place in converting the car wash. Mr. Henary explained the process for converting the space. Commissioner Davis stated the liquor store will be located where the car wash is currently. Mr. Henary replied yes. Commissioner Phelps questioned Mr. Henary regarding the shared parking agreement; is this agreement in place? Mr. Henary stated the code requires 23 and he has 31. He stated he has approached the adjacent property owner and that owner stated he would have his attorney look at the agreement. Reece Norris, 3407 Langley Hill Lane, spoke in opposition to the request with concerns for traffic and crime and with concerns for pan handling. Shauna Ferguson, 3404 Langley Hill Lane, spoke in opposition to the request with concerns for this location being at the main entrance to our city. She stated this will be the first thing seen coming into Colleyville. She further stated the Commission needs to realize the impact of liquor stores. She stated she wants to minimize the impact of the liquor stores. There being no one else wishing to speak, the public hearing was closed at 11:00 p.m. Discussion occurred between Commissioner Dudziak and Mr. Henary regarding the economic impact. Commissioner Redfearn questioned Mr. Henary regarding if any new exterior construction is required as a part of this plan. Mr. Henary replied the exit of the car wash will now be an automatic door for the new liquor store. He stated the back side will have a wall extended to cover the back entrance of what is currently the car wash. City of Colleyville Page 16 Printed on 7/16/2010 Planning and Zoning Commission Minutes -Draft July 12, 2010 Commissioner Dudziak questioned Mr. Henary regarding the name of the liquor store; is that name set or can something else be considered? Mr. Henary questioned if he had to choose one now? Commissioner Dudziak replied, no. Commissioner Phelps questioned staff regarding the exhibit showing the monument sign; how will the applicant need to make it into compliance? Ron Ruthven replied 18 inches would be required for masonry and it will be close to the sidewalk but it should not encroach on the sidewalk. He further stated that if the sign is located in state right of way, that could impact the requirement to make it into compliance. He stated staff could research the sign issue before going to City Council. He stated the state regulates the lettering of the liquor store to be no more than 12 inches. Commissioner Phelps moved to approve case ZC10-012. Commissioner Knox seconded. Commissioner Dudziak made a friendly amendment to have the language for the parking reflect the Land Development Code requirements of one space per 200 square feet of gross floor area instead of a specific number. Both agreed. The motion carried by the following vote: Aye: 4 -Knox, Dudziak, Davis, Phelps Nay: 1 - Redfearn Absent: 2 - Rotthaus, Byerly 11. ADJOURNMENT The meeting adjourned at 11:08 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, July 9, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 17 Printed on 7/16/2010 City Hall ~°: ~- 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: 07/26/2010 Agenda No.: 7a 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 10, Block 23 of the Village at Colleyville Condo Addition located at 62 Main Street, Suite 110, Case ZC10-013 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Development Review Committee Memo Applicant's Response Building Elevations Floor Plan Economic Development Information for SUP for Package Store located at 62 Main, Suite 110 Ordinance 0-02-1337.4 Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 07/26/2010 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for a Package Store on Lot 10, Block 23 of the Village at Colleyville Condo Addition located at 62 Main Street, Suite 110, Case ZC 10-013 Explanation Kevin Smith has submitted a request for a Special Use Permit (SUP) in order to operate a package (Liquor) store called "Tivoli Wines" at 62 Main Street in The Village at Colleyville. The proposed package store will encompass the entire 2,900 square feet of the existing building lease space. The existing business is also called Tivoli Wines and is currently authorized to sell beer and wine only under Village PUD Ordinance 0-02-1337.4. The applicant understands that converting the entire store to a package store will restrict the business operating hours per the State mandated requirements for package stores described below. Existing Zoning and Development Conditions. The property is zoned PUDC-Planned Unit Development Commercial and is platted. Package stores are allowed in a PUDC-Planned Unit Development Commercial zoning district with the approval of an SUP where no current provision exists. The property is developed as a 12,847 square foot, three story mixed-use building. The ground floor contains Tivoli Wines and vacant retail space. The second floor contains a former restaurant space as well as offices. The third floor contains residences. City of Colleyville Page 1 Printed on 7/23/2010 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 shows the existing mixed-use building. The applicant proposes no additions, alterations or changes of any kind to the business. Parking The Land Development Code requires one (1) parking space per 200 square feet of gross floor area for package stores. Based on this requirement, the applicant is required to provide a minimum of 15 parking spaces. Both on and off-street parking is available near the business. Given the location of the business in an existing mixed-use development, adequate parking is provided within the development as parking requirements with this PUD are calculated in terms of the entire development, not a single business or use. Site Layout The applicant proposes no additions, alterations or changes of any kind to the existing business other than some minor interior changes such as shelving. Landscapin_g The current business complies with all landscaping requirements of Ordinance 0-02-1337.4. No changes are recommended. Dumpster Locations There are no dumpsters located on the property. All waste disposal must meet the standards prescribed in Ordinance 0-02-1337.4 which states the following: "All freestanding dumpsters shall be screened on all four sides with an opaque closure measuring to a height at least six (6) inches above the top of the dumpster. A dumpster located in an alley on the perimeter of the project shall be screened from view on all sides with an opaque enclosure or building niche measuring at least six (6) inches above the top of the dumpster. The building niche shall be constructed of material that matches the building." Access and Traffic Generation. Access The business is accessed by Main Street and Village Lane. 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 City of Colleyville Page 2 Printed on 7/23/2010 Agenda Briefing Continued stores with gasoline sales. Convenience stores with gasoline sales containing 2,900 square feet are expected to generate 282 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. The applicant states in the Statement of Planning Objectives that they also intend to remain closed on Mondays; Tuesday through Thursday from 12:00 p.m. to 8:00 p.m. and Friday and Saturday from 10:00 a.m. to 9:00 p.m. Staff recommends that hours of operation not be restricted beyond the hours mandated by the TABC. Building Design. Building design for this business is regulated by Ordinance 0-02-1337.4, which prescribes specific architectural guidelines for all buildings within the PUD. The building complies with the requirements of this ordinance. Signage. The applicant intends to utilize the current business name of "Tivoli Wines". Therefore no new signage is proposed. All signs must meet the sign regulations prescribed by Ordinance 0-02-1337.4, which are very specific and more restrictive than the requirements set forth in Chapter 7-Sign Regulations in the Land Development Code. Therefore staff does not propose any additional sign restrictions. However, staff has added language to the draft ordinance requiring that any future changes to the sign will require an SUP amendment. 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: 50 feet • Distance to closest school: 1,897 feet • Distance to closest church: 1,019 feet • Distance to closest day care: 1,019 feet All distances noted above comply with the minimum distance requirements of the Section City of Colleyville Page 3 Printed on 7/23/2010 Agenda Briefing Continued Six-Alcoholic Beverage Regulations of the Code of Ordinances. Distance from other active package store requests: • 4200 Glade Road • 4405 Colleyville Boulevard • 7171 Colleyville Boulevard • 3809 Colleyville Boulevard • 7101 Colleyville Boulevard • 5232 Colleyville Boulevard 3.2 miles 0.8 miles 2.3 miles 1.6 miles 2.2 miles 706 feet Surrounding Properties. All surrounding properties are zoned PUDC-Planned Unit Development Commercial and are developed as mixed-use buildings containing residences, office and 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 145 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 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: 1. The sign for the business shall read as "Tivoli Wines" and shall remain in place. Any change to the signage shall require an amendment to this SUP 2. 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 Ordinance 0-0-1337.4, current Land Development Code and Code of Ordinance requirements as specified below: Complies with parking regulations? Yes Complies with landscaping regulations? Yes Complies with sign regulations? Yes 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 4 Printed on 7/23/2010 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 Colleyville Page 5 Printed on 7/23/2010 Location and Zoning Map "17 5310 711 73 715 E~I1 ''~`~ 815 ~ ~ f, "EQ AG -,, ~ , =, }~ ~ PUDC i _aa ~ 5217 qQ ~ ~~ ~~ T~ ~ 'et cv u w C tV ~. ~ q~ u_ < ~~ ~ t n r ~.c c~ cc• ~=• 1r s~rc ~~ ~~ AG ~ V~~ ~ s ~ 4; ,c i f~ ~, 4 0 ~~~s< A,,~~~ - ~ r.~--' ""1'UDC ~~ ~ -- _ -~t, i .. ~, ~ fiQQ7 X05 64 ~}~~ Q? ~4 e>fl 1 ~ i ~ ,~. ~.. ~. ~ F,u ~ SAG i, =~ r 5301 52 32 5?Cf4 :"~ i 5 ~~ 5t~7 ~~ t 05 `9 ~ 3 5 ~l 101 5100 5900 5025 5024 ..5021 ~~ t X017 ..., Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER CITY OWNER ZIP SITUS ADDR 5K Properties Llp 99 Main St Ste 200 Colleyville TX 76034 99 Main St 5K Properties Llp 99 Main St Ste 200 Colleyville TX 76034 99 Main St Archie, James II Etux Lori 74 Casa Ln Colleyville TX 76034 74 Casa Ln # 210 Atwood, Steve Etux Dawn 34 Piazza Ln # 37 Colleyville TX 76034 34 Piazza Ln # 37 Banks, James Etux Julia 715 Central Dr Colleyville TX 76034 715 Central Dr Bearden, Mark N Etux Paula 7013 Westmont Dr Colleyville TX 76034 72 Casa Ln # 110 Beck, Robert 96 Casa Ln Colleyville TX 76034 96 Casa Ln # 210 Bergman, David Etux Virginia 88 Casa Ln # 410 Colleyville TX 76034 88 Casa Ln # 410 Bojku, Afrim 5309 Colleyville Blvd Colleyville TX 76034 5150 Colleyville Blvd Boles, David Etux Teisha 59 Piaua Ln Colleyville TX 76034 59 Piazza Ln # 410 Brothers, Lloyd PO Box 45 Colleyville TX 76034 5310 Pleasant Run Rd Brown, Robert 1455 Kettner Blvd Apt 2005 San Diego CA 92101 64 Veranda Ln # 410 Carly Management Company Llc 7212 Thames Trl Colleyville TX 76034 35 Veranda Ln # 110 Carly Management Company Llc 7212 Thames Trl Colleyville TX 76034 35 Veranda Ln # 210 Center For Aesthetic Surgery 1307 8Th Ave Ste 410 Fort Worth TX 76104 75 Main St#28 310 Colleyville Land Investors #1 99 Main St Ste 200 Colleyville TX 76034 5217 Pleasant Run Rd Colleyville Land Investors #1 99 Main St Ste 200 Colleyville TX 76034 5201 Pleasant Run Rd Colleyville, City Of 100 Main St Colleyville TX 76034 53 Veranda Ln Colleyville, City Of 100 Main St Colleyville TX 76034 100 Main St Colleyville, City Of 100 Main St Colleyville TX 76034 84 Piazza Ln Colleyville, City Of 100 Main St Colleyville TX 76034 50 Piazza Ln Colleyville, City Of 100 Main St Colleyville TX 76034 104 Terra Cotta Way Colleyville, City Of 100 Main St Colleyville TX 76034 104 Terra Cotta Way Colleyville, City Of 100 Main St Colleyville TX 76034 104 Terra Cotta Way Colleyville, City Of 100 Main St Colleyville TX 76034 97 Piaua Ln D & V Walker Family Lp #2 Etal 5501 Normandy Dr Colleyville TX 76034 5226 Pleasant Run Rd Dunagan, Ketrina Etvir Patrick 57 Piazza Ln # 310 Colleyville TX 76034 57 Piaua Ln # 310 Elixer Salon & Day Maker Inc 85 Village Ln Ste 150 Colleyville TX 76034 85 Village Ln Figueroa, Robert & Beverley 817 Central Dr Colleyville TX 76034 817 Central Dr G & B Property Mgt Group Lp 75 Main St # 100 Colleyville TX 76034 75 Main St#28 110 G & B Property Mgt Group Lp 75 Main St # 100 Colleyville TX 76034 75 Main St #28 210 G & B Property Mgt Group Lp 75 Main St # 100 Colleyville TX 76034 88 Village Ln #28 410 G & B Property Mgt Group Lp 75 Main St # 100 Colleyville TX 76034 88 Village Ln #28 510 G & B Property Mgt Group Lp 75 Main St # 100 Colleyville TX 76034 88 Village Ln # 28 610 Gable, Michael & M A Smith 813 Central Dr Colleyville TX 76034 813 Central Dr Gethin, John Etux Patti 82 Casa Ln # 110 Colleyville TX 76034 82 Casa Ln # 110 Ghauri, Khalid Pervez 92 Piazza Ln Colleyville TX 76034 92 Piazza Ln Ghauri, Khalid Pervez 92 Piazza Ln Colleyville TX 76034 92 Piazza Ln Groffman, Steven Etux Beth 815 Central Dr Colleyville TX 76034 815 Central Dr Henkels, Judith 76 Casa Ln Colleyville TX 76034 76 Casa Ln # 310 Hennessey Partners Ltd 1205 Hall Johnson Rd Ste 9 Colleyville TX 76034 62 Main St Holtshouser, J L Etux Peggi 84 Casa Ln Colleyville TX 76034 84 Casa Ln # 210 Horobec, John 1404 W Irving Blvd Irving TX 75061 5300 Pleasant Run Rd Hov Re Llc 771 E Southlake Blvd Southlake TX 76092 60 Village Ln # 110 Kennedy, Gary 8~ Michele Valdez 6503 Meade Dr Colleyville TX 76034 55 Main St Lake, William D 53 Piazza Ln Colleyville TX 76034 53 Piaua Ln # 110 Lewis, Blair 98 Casa Ln Colleyville TX 76034 98 Casa Ln # 310 Limberg, Patricia 8 J Gilbert 37 Piazza Ln Colleyville TX 76034 37 Piaua Ln Loxterman, Joni 913 Dunbar St Excelsior Springs MO 64024 35 Piazza Ln #38 110 McNosky, Anthony T 5108 Pleasant Run Rd Colleyville TX 76034 5108 Pleasant Run Rd Meier, Carolyn Jane 46 Piazza Ln Colleyville TX 76034 46 Piazza Ln #36 110 Merced Partners Lp 911 Main St Ste 1500 Kansas City Mo MO 64105 62 Main St Miller, Catherine A & Thomas R 87 Casa Ln Colleyville TX 76034 87 Casa Ln # 210 Morani Properties Ltd 90 Casa Ln Colleyville TX 76034 33 Main St Morani Properties Ltd 90 Casa Ln Colleyville TX 76034 33 Main St Morani Properties Ltd 90 Casa Ln Colleyville TX 76034 33 Main St Morani Properties Ltd 90 Casa Ln Colleyville TX 76034 33 Main St Morani Properties Ltd 90 Casa Ln Colleyville TX 76034 33 Main St Morani Properties Ltd 90 Casa Ln Colleyville TX 76034 33 Main St New, Joe Etux Sharon 61 Piazza Ln Colleyville TX 76034 61 Piazza Ln # 510 Owl's Nest Lp The 3403 Queensbury Way E Colleyville TX 76034 85 Village Ln # 100 Paradigm Group Prtnshp III 118 Rock Robyn Horseshoe Bay TX 78657 55 Main St Paradigm Group Prtnshp III 118 Rock Rob n Horseshoe Bay TX 78657 55 Main St Paradigm Group Prtnshp III 118 Rock Robyn Horseshoe Bay TX 78657 55 Main St Paradigm Group Prtnshp III 118 Rock Robyn Horseshoe Bay TX 78657 55 Main St Parmer Holding Llc 33 Main St Ste 180 Colleyville TX 76034 33 Main St Piaua Partners Llc 175 E Continental Blvd Southlake TX 76092 85 Piazza Ln Piaua Partners Llc 175 E Continental Blvd Southlake TX 76092 85 Piazza Ln Piaua Partners Llc 175 E Continental Blvd Southlake TX 76092 85 Piazza Ln Piazza Partners Llc 175 E Continental Blvd Southlake TX 76092 85 Piazza Ln Piazza Partners Llc 175 E Continental Blvd Southlake TX 76092 85 Piazza Ln Piazza Partners Llc 175 E Continental Blvd Southlake TX 76092 85 Piazza Ln Pitts, Rex A Etux Melanie A 66 Veranda Ln Colleyville TX 76034 66 Veranda Ln # 510 Realty Capital Village #1 Lp 32 Village Ln Ste 200 Colleyville TX 76034 85 Village Ln Riley, William Etux Marsha 94 Casa Ln Colleyville TX 76034 94 Casa Ln # 110 Robbins, Philip Mark 212 Pheasant Run Highlands NC 28741 55 Piazza Ln # 210 Rogers, J Andrew 201 Main St Ste 2500 Fort Worth TX 76102 30 Piazza Ln Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 34 Veranda Ln # 210 Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 42 Veranda Ln # 110 Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 44 Veranda Ln Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 68 Veranda Ln # 610 Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 60 Veranda Ln # 210 Turner, Lori Etvir Joseph 62 Veranda Ln Colleyville TX 76034 62 Veranda Ln # 310 Village Fine Homes Ltd 99 Main St Ste 2000 Colleyville TX 76034 38 Piazza Ln#37 312 Village Jv Llc 610 Deforest Ct Coppell TX 75019 76 Main St Village Jv Llc 610 Deforest Ct Coppell TX 75019 76 Main St Village Jv Llc 610 Deforest Ct Coppell TX 75019 76 Main St Village Jv Llc 610 Deforest Ct Coppell TX 75019 76 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 38 Veranda Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 48 Veranda Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 70 Casa Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 80 Casa Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 100 Casa Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 85 Veranda Ln # 110 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 23 Mission Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 23 Mission Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 23 Mission Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 23 Mission Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 35 Veranda Ln # 310 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 43 Veranda Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 35 Veranda Ln # 410 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 47 Veranda Ln # 210 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 47 Veranda Ln # 110 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 63 Veranda Ln # 110 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 63 Veranda Ln # 210 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 77 Veranda Ln # 110 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 77 Veranda Ln # 210 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 77 Veranda Ln # 310 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 77 Veranda Ln # 410 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 77 Veranda Ln # 510 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 89 Veranda Ln # 110 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 94 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 26 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 26 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 26 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 26 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 34 Main St Village Management Ltd 99 Main St Ste 200 CoNeyville TX 76034 34 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 34 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 34 Main St Village Mana ement Ltd 99 Main St Ste 200 Colleyville TX 76034 42 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 50 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 50 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 50 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 58 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 94 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 86 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 94 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 18 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 20 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 94 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 23 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 23 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 23 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 43 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 42 Piazza Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 91 Cottage Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 93 Cottage Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 95 Cottage Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 41 Piazza Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 36 Village Ln White, Dennis Etux Adrianne 86 Casa Ln Colleyville TX 76034 86 Casa Ln # 310 Winchester, Natalie 32 Veranda Ln Colleyville TX 76034 32 Veranda Ln # 110 Young, Catherine Sue Est 811 Central Dr Colleyville TX 76034 811 Central Dr Kevin Smith, applicant 62 Main St. Suite110 Colleyville TX 76034 applicant Public hearing notices were mailed by Amy Shelley on Wednesday, July 14, 2010. Statement of Planning Objectives Tivoli Wines is currently operating at 62 Main Street Suite 110 in the Village at Colleyville, Texas. Our space is approximately 2900 square feet, beautifully decorated with wood, art, and specialty lighting. We currently have 3 employees that average approximately 160 hours every two weeks total. Our hours of operation are as follows: Sunday -Closed, Monday -Closed, Tuesday -Thursday 12-8, Friday & Saturday 10-9. We are a small boutique wine and beer store that has been in operation since November 2006. We carry wines that are hard to find in most "package stores", we try to carry restaurant quality wines from around the world. We also have a wine club with three tiers: Gold, Premium and Collector We have a private tasting room, that seats 6 people comfortably, a small kitchen and prep area, three ovens a stove top, dishwasher, refrigerator, microwave, washer and dryer, and a small office in the back. In the front of the store we have a cold room with lockers (for preservation of fine wines). We have a West Coast wall with wines from California, Oregon, and Washington. We have sections dedicated to the following: Texas, Australia/New Zealand, France, Italy, Argentina, and Spain. We also have a wall that is dedicated to wines that are rated above 90 points but are under $30. All of our wines are purchased through a 3~d party distributor such as Glazier's, Republic, BevCO, SouthTex, Wine Frog and many others (22 in all). We look for wines that are not found in other retailers in the area. Approximately 50% of our inventory can only be found on restaurant menus. We have a strategic plan that gives our employees decision making capabilities that keeps customers happy. They will never get in trouble for helping a customer. That pertains to returns, gift certificate to come back, or even a free wine club membership for a month. We do weekly inventory, and then an end of year inventory. All of the owners and employees attend events during the year to find that perfect wine for our customers. We don't carry any wine that we haven't tasted. All of our employees and owner's are TABC certified for pouring and selling alcohol. Changes -If we are granted this SUP, we will only be making minor changes to our business plan. We will not be changing our name or our marketing plan. We will do three types of marketing to let people know of this change: Internet, Newspaper, Upscale magazines. We will only convert a small amount of space for the new product. We plan to carry Port, Dessert Wines, Cognac, Irish Creme, Brandy, and a few other specialty brand fortified spirits. We plan to offer Port and Scotch Clubs. CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE June 8, 2010 TO KEVIN SMITH FAX FROM Ron Ruthven, Community Development Director SUBJECT ZC10-013 SUP for Package Store located at 62 Main Street, Suite 110 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 economic development information with the following data in table or spreadsheet format: 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. 2. 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. 3. 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(a~colleyville.com. 100 Main Street -Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE ZC10-013 SUP FOR PACKAGE STORE In Your Response Letter, Acknowledge the Following Information: PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, July 12, 2010 @ 7:00 p.m. City Council: Tuesday, August 3rd and August 17`", 2010 @ 7:30 p.m. 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 e,colleyville.com or 817.503.1052 if you have any questions. Rerorti of .~eknc~~i~lecigeinent tF F1t~7T'6' ?'6'[7~ t•'"£' ~E?l'4iC3?.J7?3{FTZ~ FCf-Y'z~t"t4' ~~G~?Tt:?TiiF{k?6? TtlT?TFD TFi 1T'S ~T;.iT'c'!Y-' [a ~r ~'TZ:1~3' c7Ytt!'.%it71t'~E?~,~s" t73s £{7773i`TiF'71tS ..,, r :75'E? 7f?[?T; ~3?'F"3P71P£?C, ?3~'t'C?i%. 1 [7ISG7 !, ?;t£~?a'SrCF)r['iz :.~vaT Ts` ?:5"Li" I?:~'GF'Pitt7~lt7?: Jf?CCS7:7'£?J ~~ ~~i~t1r.. £7 is Y' '!c 3£'Cg'.i.: E?~. 7S „~IPi £?, t%'4'~1T1 ~•.'; i7t 1l'1`7S C~ s;~ .. ~~7' S2i-~?TZ7"fE?C< `fl ttiz~' C. [.~+?>, tip?!%<~~ll IJE l~C: {?ij7.:.; F."1t ~} , r.!t~s~x., ,fit CC7s E' }#:t:~l J£? SZfJ?4?i`S' 1`e3 .'ia?'t~7 E'T' d'(?S'a'€'11' [731[7 ~1i77[I cC~t ?<:'ii8? '., '7CZf T7 i .n1~£'-. It .,. ia1F5 ?YZ~:C7?t?. PI'SLlt~Sl ~i Y.i.T11+E PAGE 2 OF 2 Applicant's Response Tivoli Wines 62-Main Street (Suite 110) Colleyville, TX 76034 June 21, 2010 Ron Ruthven Community Development Director City of Colleyville, Community Development Department 100 -Main Street Colleyville, TX 76034 Dear Ron, This letter is in response to your memo regarding ZC 10-013 SUP for Package Store located at 62 Main Street, Suite 110. 1. I have attached the spreadsheet(s) for estimated sales tax per square foot, estimated ad valorem taxes per year and estimated sales tax generated per year. 2. We have decided not to change the name of our business, Tivoli Wines, LLC. We will leave everything as is, as our mission to bring the best wine to the area will not change. Our security plan will not change, as it has proven to be very effective to date. We have two cameras inside the store with a 24 hour back up DVR. These cameras can and are accessed via the Internet daily. We have an alarm system on the front and back door, as well as all windows. We also have a remote "instant call" remote at the cash register for both fire and police. This service has been in place since we opened November 2006. Sincerely, Kevin Smith ~~~ v Building Elevations t~~z ~ ~ a ~~ ~~ ~~ 0 ~~ ~ , 9 _ '= Y E ~ ,~ ~ ~~~ ~.. •-~----' ~ ~ ~ e e ~ s _ P Rs ~ ~ ~ ~8 g ~ ~_.,__~. r ~ - . _ _ _ Q O~ Z 4/roru O~rp~H ~ 3'-4yt" gr 9=c" /a ~/" I /13 Il ~ ~ .ti- ~h-- ° ----i ___._ ~ T6/ ~ . • ~_ ~~. ~~ rr A,~ , o ~ o a ~G~~ s~o,s e v ~~~ \~ 2 ~M cr,-.u< t ~~. ~_ `~~~. s~ ,. 0 0 ., '~ a~ Economic Development Information for SUP for Package Store located at 62 Main, Suite 110 Estimated Sales Per Square Foot $105.51 Annually (30% increase) Estimated ad valorem taxes $0 Estimated Sales Tax $34,546.2 Annually ORDINANCE 0-02-1337.4 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, AS AMENDED, BY AMENDING ORDINANCE 0-99-1141 IN ITS ENTIRETY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning district change was filed by Richard Myers on February 28, 2002, under Case Number Z-02-010; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Ordinance 0-99-1141 is hereby amended in its entirety to read as follows: A. PURPOSE The purpose of this planned unit development is to encourage mixed- use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. This planned unit development diversifies and integrates residential and commercial land uses within close proximity to each other and promotes long-term economic sustainability for the City. B. PUD BOUNDARIES The property shown on the attached Zoning Exhibit "A"and described by metes and bounds as indicated on the attached Exhibit "B" shall be rezoned from the AG Agricultural district to the PUD-C Planned Unit Development-Commercial district and the Official Zoning Map and Land Development Code of the City of Colleyville, Texas are hereby amended by the terms of this ordinance. Ordinance 0-02-1337.4 Page 2 of 14 C. NEIGHBORHOOD AREAS This Planned Unit Development is herebydivided into two neighborhood areas. The boundaries of the neighborhood areas are shown on the attached Exhibit "C". The neighborhood areas and their symbol designations are described as follows: Neighborhood Center -The Neighborhood Center area shall serve as the commercial and business focal point of the development with a limited amount of area used for residential purposes. The Neighborhood Center area shall be designated with the letters "NC". Neighborhood General. The Neighborhood General area shall serve as a secondary area for commercial and business activities of the development and may have a higher percentage of residential dwellings than the Neighborhood Center area. The Neighborhood General area shall be designated with the letters "NG". D. STATEMENT OF PLANNING OBJECTIVES AND DEVELOPMENT SCHEDULE The Statement of Planning Objectives and Development Schedule are attached as Exhibit "D". E. DEVELOPMENT STANDARDS Buildings or structures containing any combination of single-family residences and business use listed herein shall be allowed in accordance with the following Development Standards: 1. Permitted Uses -the following permitted uses shall be allowed within this planned unit development: a. Single-family Residences: Residential units may be either detached or attached, but not more than one residence shall be located per building site. A building site may have one ancillary residential structure. The habitable area of the ancillary structure shall not exceed 600 sq. ft. Within each neighborhood area, the maximum number of residential units on the ground floor of a building shall not exceed the following maximum residential densities: (1) NC Area: A maximum of 20% of the building sites in the Neighborhood Center area may contain asingle-family residence use on the first floor of its building. Ordinance 0-02-1337.4 Page 3 of 14 (2) NG Area: A maximum of 40% of the building sites in the Neighborhood General area may contain a single-family residence use on the first floor of its building. (3) A maximum of 30% of the building sites within the boundaries of this PUD-C may contain asingle-family residence use on the first floor of its building. (4) Not more than 45% of the total cumulative square footage of all floor areas within this PUD-C may be residential use. b. Retail: Retail specialty shops including, but not limited to, the sale of clothing, gifts, antiques, flowers and plants, books, jewelry, music, electronic equipment, computers and software, tobacco and related supplies, crafts, toys, cameras, souvenirs, greeting cards, artwork, furniture, hardware, sporting goods, house and garden supplies, office supplies, leather goods and periodicals. c. Service: Personal service shops including, but not limited to, travel agency, banks, airline ticket office, tailor, barber, beauty salon, spa, health club, shoe repair, food catering, dry cleaners, studios for dance, art, music, photography, radio, and television, or similar service uses. d. Food and Lodging: Small hotels, bed and breakfast inns, restaurants, cafes, coffee shops, bakeries, butchers, fish markets, delicatessens, ice cream parlors, cookie stores, grocery stores, drug stores, bagel or doughnut shops, and soda fountain shops. e. Entertainment: Entertainment venues including movie theatres, provided the total number of all movie screens does not exceed four; playhouses, comedy clubs, and jazz music clubs. f. Office: Business offices including, but not limited to, software design firms, business consulting, security and commodity brokerage, general business offices, real estate sales, insurance sales, advertising, mailing and stenographic services, professional offices for lawyers, engineers, architects, doctors, dentists, psychiatrists, accountants, investment advisors, orthodontists, or other office related businesses. g. Educational: Private schools, and day-care centers. h. Mixed-use: buildings or structures containing any combination of single-family residences and other uses listed herein. i. Public/Semi-public: Buildings or structures owned or operated by the City of Colleyville or The Village Owner's Association. Semi- public uses such as a neighborhood center, pool and related recreational facilities. Parking lots. Ordinance 0-02-1337.4 Page 4 of 14 k. Accessory buildings or uses as defined herein. I. Any use of a nature similar to the above when granted a Special Use Permit by the Colleyville City Council. m. Outside sales on the sidewalk of art, antiques, fruit, vegetables, flowers, plants, gifts and souvenirs. n. Outdoor seating areas for food, lodging or entertainment uses. o. A Special Use Permit for alcoholic beverage sales for on-premise consumption in conjunction with a restaurant use. p. A Special Use Permit for alcoholic beverage sales for off-premise consumption for a grocery store, specialty wine shop or gourmet food store. q. Aboveground parking garages containing fourteen (14) or fewer parking spaces, underground parking garages, basements, and cellars. 2. Permitted Uses with a Special Use Permit -The following uses may be permitted upon approval of a Special Use Permit by the City Council as provided in the Land Development Code of the City of Colleyville: a. Outside sales of cooked food and other items not listed in Section E.1 Permitted Uses. b. Automobile Sales (Business may store no more than two new vehicles outside in a public parking lot.). c. Television and appliance repair service shop. d. Club, lodge or other fraternal organizations. e. Above ground parking garages containing fifteen (15) or more parking spaces. Any above ground parking garage that fronts a street within the Neighborhood Central (NC) zone shall be allowed only with the approval of a Special Use Permit. 3. Prohibited Uses -The following uses shall be prohibited within this planned unit development: a. Drive-through commercial uses where patrons remain in automobiles. b. Vending machines, except within buildings. c. Retail uses containing more than 30,000 square feet of floor area per certificate of occupancy. Ordinance 0-02-1337.4 Page 5 of 14 d. Industrial and manufacturing businesses that create noise, vibration or obnoxious odors. e. Kennels. f. Terminals or depots for large-scale storage or distribution of goods. g. Scrap yards for the processing or storage of waste materials. h. Automotive repair businesses. i. Telemarketing office with over 20 employees. j. Uses not listed herein shall be considered by following the procedures outlined in the Colleyville Land Development Code for new and unlisted uses. 4. General Lot Criteria -See Table 1 below: Table 1 General Lot Criteria Neighborhood Neighborhood General Zone NG Center Zone NC Lot Min. Area 2,600 s.f. Min. Area 2,600 s.f. Dimensions Max. Area 5 acres Max. Area 5 acres Min. Lot 30% Min. Lot 45% Covera a Covera e Max. Lot 90% Max. Lot 95% Covera a Covera e Setbacks Front 0' min - 15' max. Front 0' min - 15' max. Side 0' min - 15' max. Side 0' min -15' max. Rear -Main 4' min. Rear -Main 4' min. Bld Bld Rear -Accy. 4' Rear -Accy. 4' Bld Bld . Height Max. Hei ht 48 ft. or 3.5 stories Max. Hei ht 48 ft. or 3.5 stories Notes: 1. the one-half story above third floor shall not exceed 400 s.f. 2. see Exhibit "F" for additional hei ht and use restrictions for certain areas 5. Special Use and Height Conditions -The areas indicated on Exhibit "F" shall be limited to a maximum height of two and one-half stories and the areas indicated with an "R" on Exhibit "F" shall be additionally limited to residential use only. 6. Building Exteriors -The exposed exteriorwalls of each building must contain 100% masonry. For purpose of this ordinance, masonry shall consist of any combination of brick, stone, faux-stone, stucco or faux-stucco. 7. Roofing - If a flat roof is constructed, all sides of the building shall have a mansard or built-up parapet wall roof at least four feet (4'} in height, which shall simulate the look of a pitched roof from street level. If a roof terrace is constructed, then railings may be used which comply with Paragraph 8, Balconies. Ordinance 0-02-1337.4 Page 6 of 14 8. Balconies -Balcony railings must be constructed with wrought iron or masonry balustrades. 9. Building Design Requirements -Articulation of walls shall not be mandatory. Buildings within this planned unit development shall be exempt from Chapter 6 Building Design of the Colleyville Land Development Code. 10. Exterior Building Lighting -Buildings may be lit with wall washer type lights, natural gas lamps, or low wattage decorative electric lamps. Lights shall be placed on buildings in a manner so as to not be a nuisance. 11. HVAC Systems -All air-conditioning condenser units must be hidden from street view or placed on the roof. 12. Backyard Walls -These shall be constructed 100% masonry materials orwrought-iron fencing. Any gates must be constructed of wrought iron. 13. Landscaping -Lots within this planned unit development shall be exempt from Chapter 4 Landscaping and Buffering of the Colleyville Land Development Code. The landscaping within this Planned Unit Development shall be consistent with the landscaping shown on Exhibit " E." The owners of the first floor shall plant and maintain the storefront planting area (if applicable) along its street frontage. All sidewalks (six feet or wider) in the project will have tree planter islands spaced every thirty to thirty-five feet. Approved trees shall include Shumard Red Oaks, Sweet Gums, Burr Oaks, Live Oaks, Bald Cypress, Loblolly Pines, Cedar Elms and Chinese Pistachio. A minimum of 25% of the building sites shall be required to install and maintain a 24"wide planting area (at least 8 feet long) in the setback between their building and the sidewalk. The owners of the ground floor levels of these buildings shall be required to plant, irrigate and maintain flowers, vines or shrubs in those areas. In addition, any roof terraces shall contain at least two irrigated, potted shrubs or trees. Building site owners shall plant and maintain one approved tree in their backyard. 14. Awnin s -Buildings with commercial uses on the ground level shall install awnings over all windows on the ground level that front public sidewalks, if those buildings contain a residential use above the ground level. 15. Architectural Control Committee -The Property Owner's Association must create an Architectural Control Committee, which shall be Ordinance 0-02-1337.4 Page 7 of 14 funded by the Property Owner's Association. All building exterior specifications, site plans, lighting, signage and landscaping plans must be approved by the Architectural Control Committee prior to approval of a building permit. 16. Limitation on Late Night Hours of Operation -Businesses located within this PUD-C shall close not later than 12:00 a.m. on weekdays and Sundays, and 2:00 a.m. on Fridays and Saturdays. 17. Special Use Permit Time Limits -The special use permit required for alcoholic beverage sales for on-premise oroff-premise consumption shall become null and void five (5) years from the date of approval of this ordinance for undeveloped sites. 18. Dumpster Screening -All freestanding dumpsters shall be screened on all four sides with an opaque closure measuring to a height at least six (6) inches above the top of the dumpster. A dumpster located in an alley on the perimeter of the project shall be screened from view on all sides with an opaque enclosure or building niche measuring at least six (6) inches above the top of the dumpster. The building niche shall be constructed of material that matches the building. E.1 ENCROACHMENTS AND USE OF PUBLIC RIGHT-OF-WAY Due to the unique nature of this planned unit development, the encroachments of buildings and architectural features into the public right-of-way and certain uses within the public right-of-way, stated herein in Section E.1, shall be allowed within this planned unit development and shall be exceptions to the requirements of the Land Development Code. All encroachments, including temporary structures, must maintain aforty-eight (48") inch pedestrian right-of-way and complywith all other ADA regulations. In addition, any encroachments shall ensure a twenty-four (24") inch sight line. Encroachments below grade -Approval by the Director of Public Services of a Right-of-way Permit is required for any building encroachments below grade. All encroachments shall not exceed eighteen (18") inches. 2. Encroachments of architectural features above grade -Approval by the Building Inspection Department is required for any encroachment of architectural features above grade, provided such encroachments comply with the standards contained in the following table and local building and fire codes: Ordinance 0-02-1337.4 Page 8 of 14 Ri ht-of-wa Encroachment Standards Type of Maximum Allowable Encroachment Encroachment Bay Windows 18 inches with max. 7 foot length, 3 feet min. spacing & one bay window er 15 feet of site fronts e Awnings 8 canopies 80% of sidewalk width, 8 feet clearance over pedestrian area & 14 feet dearance over vehicle area Signs 66% of sldewalk width, 8 feet clearance over pedestrian area & 14 feet clearance over vehicle area Lights If the light encroaches 12 inches or less, it may be mounted at any height on the building facade. From 8 feet to 11 feet above grade, one additional inch of encroachment shall be required for each inch of clearance above 8 feet, not to exceed 48 inches of encroachment. Encroachments over 12 inches require 8 feet clearance over pedestrian areas & 14 feet clearance over vehicle areas, and shall not encroach be and 48 inches Eaves, cornices and From 8 feet to 15 feet above grade, one inch of encroachment for balconies each inch of clearance above 8 feet not to exceed 48 inches of encroachment. Encroachments 15 feet or more above grade shall have 8 feet of clearance over pedestrian area & 14 feet clearance over vehicle area and shall not encroach be and 6 feet 3. Temporary structures in public right-of-way -The temporary use of sidewalk areas located within a public right-of-way shall be allowed for the following types of temporary structures: planter boxes, benches, sandwich board signs, retail merchandise, and four (4) tables with chairs. Use of the public right-of-way for retail merchandise shall be limited to business hours. 4. Outdoor Eating Areas on public sidewalks -The use of a public sidewalk as an outdoor eating area containing more than four tables shall be permitted only with approval of a Special Use Permit by the City Council. F. SUBDIVISION PLAT Upon zoning approval, the developer shall submit a Preliminary Plan and a Final Plat, which shall generally be consistent with the attached site plan. The proposed deed restrictions shall be approved by the City Council. G. SUPPLEMENTARY REQUIREMENTS This planned unit development shall comply with the following supplementary requirements: 1. Oaen Space Requirements -This development shall provide open space areas as shown on the attached Exhibit "E" in lieu of any other open space requirements of the Colleyville Land Development Code. Ordinance 0-02-1337.4 Page 9 of 14 2. Park Land Dedication Fees -Payment of Park Land Dedication Fees at the rate applicable at the time of building permit shall be due and payable when a building permit is issued for each non- residential structure or primary single-family dwelling unit. 3. Street Right-of-Way Widths -These shall be established upon approval of the Final Plat using the street and alley design standards contained in Paragraph 7 below. 4. Sidewalks -Sidewalks shall be required for all lots in this development. 5. GarageslAccessory Buildings -The walls of the buildings shall be 100% masonry, constructed of similar materials as the building on the same building site and shall cover no more than 20% of the building site area, and they may be connected to the main building by an enclosed walkway. These buildings shall comply with all other requirements in this ordinance. 6. Advertising Signs -Buildings may contain the following types of signs: a. Wall Signs -The size of a wall sign shall be limited to the size of the building wall it is attached to: either 10 percent of the wall area or 1.5 square feet for each linear foot of the building's wall, whichever is less. b. Projecting Signs -These may not exceed 20 square feet in size, with a clearance of at least eight feet above ground level. c. Awning Signs -Individual letters on awning signs shall not exceed 12 inches in height. d. None of the above signs shall be internally lit. These signs may be front-lit with lights that do not create an unreasonable glare on adjacent buildings. e. W indow Signs -Food and Lodging and Entertainment uses may use internally lit window signs (made of decorative neon) inside of their businesses. Any business shall be limited to a maximum of two window signs. Internally lit box signs shall not be permitted. f. Grand Opening Signs - When a certificate of occupancy has been issued for a new business and within one (1) year thereafter, one (1) Grand Opening Sign permit shall be allowed to advertise the new business. On-site signs may include either a banner or pennant, which may be in addition to any other legal sign allowed by the Land Development Code. Height and area of such signs shall be limited Ordinance 0-02-1337.4 Page 10 of 14 to the applicable regulations for the sign classification. In addition to the on-site Grand Opening Sign, a temporary sign maybe placed off- premises with the permission of the property owner. The permit holder shall be the responsible party for compliance with the Grand Opening Sign Permit regulations. A Grand Opening Sign permit shall not be valid for more than sixty (60) days. No permit fee shall be required for a Grand Opening Sign permit. Afterthe expiration of the initial sixty (60) day period, a business may request sixty (60) day extensions during the one (1) year period, subject to approval of the City Council. g. Sandwich Board Signs -One (1) temporary Sandwich Board sign shall be allowed per business, provided such sign does not exceed forty-eight inches (48") high and thirty-six inches (36") wide and is located in front of the business site. Sandwich Board Signs may be placed in front of another business site with the approval of that business owner. For the purpose of this regulation, Sandwich Board signs shall include easels and podiums. 7. Street and Alley Design a. Two-way Street -The cross-section of the typical village street shall be comprised of twenty-fourfeet of drive lanes (two, twelve-foot lanes); two, seven-foot parallel parking spaces; and aten-foot sidewalk on each side of the street. The total public right-of-way shall not be less than fifty-six (56) feet wide. b. One-way Street - Across-section of a typical one-way street shall contain an eighteen-foot drive lane, one seven-foot parallel parking space and sidewalks ranging in width from three feet to six feet. The public right-of-way for cone-way street shall not be less than thirty- five (35) feet. c. Alley -The cross section of the typical alley shall contain twelve feet of pavement with green space on each side. The alley right-of- way width shall not be less than twenty (20) feet. 8. Public Area Landscaping -Public parks in the project shall be landscaped and irrigated according to plans approved by the City of Colleyville. 9. Security Fencing and Walls a. a six foot masonry screening wall shall be constructed along the entire length of the northern boundary from the City Park to Pleasant Run Road, and b. an eight foot masonry screening wall shall be constructed along the three common property lines with Tract 2A2, B.B.B. & C.R.R. Co. Ordinance 0-02-1337.4 Page 11 of 14 Survey, Abstract 206, and c. an eight foot wrought iron fence with openings for gates shall be constructed along the western property line where this planned unit development is adjacent to City Park, except where adjacent to the City Hall and Library site, and d. agate shall be constructed at the west end of Central Drive with card-key access for the residents of Central Drive. H. AMENITIES 1. Parks and Playgrounds -All or portions of certain lots identified on the project site plan must be set aside for public parks, meeting areas and playgrounds. 2. Sidewalk Amenities -Besides the trees and other landscaping, sidewalks shall be constructed to contain the following amenities: bicycle racks, benches, bulletin boards, drinking fountains, underground electric outlets for sidewalk vendors, chess and checkers tables, and water fountains. 3. Street Liqhts -The street lights may be either gas or electric and shall be installed on the sidewalks and be of a style which compliments that architectural style of the project's buildings. 4. Walking Paths -Certain paths in front of some lots and building sites will be for pedestrian and bicycle use only. These paths shall range from eight to twenty feet in width and shall be constructed of brick, stone and/or concrete. 5. Street Signs -Street signs may be attached on the appropriate buildings at each intersection. The signs, if attached, shall be placed fifteen (15) feet above street level and shall be front lit with a decorative lighting fixture. The signs shall contain eight-inch letters. I. PARKING REQUIREMENTS The parking requirements for this planned unit development shall be as follows and subject to review when the project is 50% complete: 1. The parking shall be provided according to the parking requirements of this section, provided that when 50% of the development is completed within the NC-Neighborhood Center area, the City shall have the authority to review the parking demands and reassess the Ordinance 0-02-1337.4 Page 12 of 14 parking ratio by the development. The developer shall reserve spaces throughout the development to provide extra parking at the 50% reduced development stage. The City shall additionally have the authority to review the parking supply and may reassess the parking ratio when 50% of the development is completed within the NG-Neighborhood General area. 2. Parking spaces shall consist of a combination of parking spaces provided on the street, on each building site, within a parking garage or in an open parking lot. Approximately thirty (30) percent of the parking requirements will be provided on the streets as streets are constructed within the development. The remaining seventy (70) percent of the parking requirements shall be provided as building permits are issued for each structure in accordance with the following requirements: a. Residential Uses -The parking requirements for residential units shall be as follows: (1) Ground floor - when a primary residence is located on the ground floor, two (2) parking spaces shall be provided on the same building site as the dwelling unit and one additional on- site parking space if the building site contains an ancillary residential unit. (2) Upper floor - when a primary residence is located on an upper floor, two (2) parking spaces shall be provided either on the same building site as the residence or in a parking lot or parking garage located within 400 feet of the residence. Said parking spaces shall not have been used in calculating parking needs for any other residence or use within the planned unit development. b. Non-Residential Uses -The parking requirements for non- residential uses shall be at a ratio of one (1) parking space per 400 square feet of floor area. Parking spaces shall either be located on the building site, in a parking lot, or in a parking garage. Said parking lot or parking garage shall be located within 400 feet of the use requiring the parking space. Said parking spaces shall not have been used in calculating the parking needs for any other use within the planned unit development. c. Parking Space Records Retention -When off-site parking spaces are provided to satisfy the parking requirements of this ordinance, the City of Colleyville Community Development Department shall maintain records of the number of parking spaces used in calculating parking needs for each building site and no building permit shall be issued for a structure for which adequate parking is not included with the building permit application. Ordinance 0-02-1337.4 Page 13 of 14 d. Public Parking -Public parking lots and parallel parking spaces shall be located as shown on the attached Exhibit "E". All public parking shall be free of charge. No overnight parking shall be permitted in the parking lots. J. PROPERTY OWNERS ASSOCIATION Each property owner in the project shall be a member of the owners' association which shall collect quarterly fees from each property owner for payment for the following common services: landscaping, Village promotions and events, cleaning, security, marketing, architectural control and project administration. If a Village property owner fails to timely pay its association fees, the owners association's declaration of covenants shall enable it to file a lien against that owner's property. Sec. 2. THAT Ordinance 0-99-1141 shall remain in effect except where amended by this ordinance. Sec. 3. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~ day of L~ 2002. The second reading and public hearing being conducted on the ~ day of 2002. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC Donna Arp City Secretary Mayor CITY COUNCIL APPROVED DEC 1 7 2002 Ordinance 0-02-1337.4 Page 14 of 14 AS TO FORM AND LEGALITY: ._- toss T. Foster ;ity Attorney „ ,a ,a .. a .., .. . ~ . ~ . ~ . ~,. • ,M , 1 ~ 1a >• 1a ~ 17 r/. I I,a ~ f1• O11~Q i1 ~ Dt -/ M a-n 1 ~ ,. ,R ,a ,. ,. „. M S 1 ~ ~~ I ,~ N Gov u., : 1 w ,~, w l ,, ., s , ,. :R ~ C ~+, . u K w w ,.,.a we 1 ""` dQ 7J.1 rl, C w ~ e . ~ 1 ~g1 ~ ~ 1 ~• ~ ~: E ~ C771f D as ~ !• w R i K ' ^• ~ '~ ~ 1 ~~~ r w aCl ~ (~'~•(~ taw® 7671 iR ~ IL . I ,1b~ ' ~ 1JM • • `~ 7i K lya1~ ~ Ja K 1 S `1/y ~. u ,a ,~ w a w, x K i F 15 (7 ,...>, ,~ • ~O ~• ~ I w w C ~K 6 war . 1 yw,~ aas sA,zo6 R a ~ ~ ^ i ~ w u,w „, ,. ~K - -,~ ~ - - a, - N ,.,o . , w ~ w sM 14 ~s- ~ U ' . ~ w a1 Ld 1 7~t a L w 1 A1Clf M ~ ' ~ 0 A G ~- Cf' ~' I G C', ~'~ • w x To ~ 1. t ~ ~ as K . 7o Pv~-1'4 ~ aawiK~' ~ ~;~ ' ~ - I ,.r ~.. i ,s C®1 w K • w .w • ~ - w ~ «w w raw R an ~e . / ~G ~r ,w ~ ~ ~ .a.R on 171 w 7w = ~i , ~~~ d~ ~ ~1 - - ,,.,~ ~ ~ cam, n~.r I ~• w M w s a.A we • P ~ 4~ w Mw '~ w ~nr .. Ce~r+ I . _ ~ .>, w .p K 5. ~ ~,. .~ n ~ OGE(Z O ~ ~ ~t N • ~ . i~ie ' .~ j(R .~z ~ : P _ .. ,~, . ~ 1 laafa ~ x•77 • ~ la h R a wawa MwL1 ~ 1 w Ml CC-~ ~ Z1 ~ s .7K ~ i 1 n , s K /• ~ . ~ ~ w -~-- 1 --.--~--~-.-- . a ` ~- r------------- -n1r------- , ~ _ „ ~ y~l ~1i~ K ----_7iu1~ -- -~~~ w, A 6p34 ~ • ~ ,_„ . _ N ~ , r, r, w w ~ a .~~ - - - ~• 0-98-1141 Exhibit "A" PROPERTY DESCRIPTION TRACT 'A" Being a trail d land situated in the City d Colleyville, Tarrant County, Texas in the B.B.B. if C.R.R. Survey, Abstrad No. 206, said trail being more particularly described by metes and bounds as follows: BEGINNING at a po'vd on the apparent West R.O.W. line of Pleasant Run Road, being West, 25.00 feet from the Northeast comer d a trail deeded to a Verde Lea Brown recorded in Volume 11772, Page 2164 d the Deed Records d Tarrant County, Texas; THENCE South 00 degrees 01 minutes 33 seconds Esst, along said apparent West R.O.W. Gne, a distance d 776.58 feet to the Southeast comer d a trail deeded to BiNy G. Petty and wife, Shirley A. Petry as recorded In Volume 3786, Page 60 d said Deed Records; THENCE South 89 degrees 43 minutes 00 seconds West, kaving said apparent West R.O.W. line and along the South line of said Petty frail , a distance d 214.91 feet; THENCE North 88 degrees 25 minutes 37 seconds West, continuing along the South Qne d saki Petty trail, a distance d 100.43 feet; THENCE South 02 degrees 15 minutes 00 seconds East, along the West line d a trail deeded to a ArNhony Timothy McNosky recorded in Volume 6786, Page 503 and Volume 1527, a distanced 158.20 feet; THENCE North 8B degrees 48 minutes 23 seconds East, along the South line of said McNosky trod, a distarx;e d 190.50 feet; THENCE South 29 degrees 39 minutes 20 seconds West, Leaving said South line d McNosky trail and alorq a proposed property division line within Lot 1, Bkxdt 1, 1st City National Bank d ColleyvUle as recorded in Volume 38&182, Page 81 d said Deed Records, a distance d 344.57 feet; THENCE South 60 degrees 28 minutes lXi seconds East, continuing along said proposed property division line, a distance d 253.30 feet; THENCE South 29 degrees 32 minutes 00 seconds West, along Cotleyville Boulevard (S.H. 26) a distanced 148.68 feet; THENCE North 60 degrees 28 minutes 00 seconds West, leaving said Colleyville Boulevard, along the Northeast line d Lot 1 8 2, Block 1, Kroger Addition as recoMed in Cabinet A, Slide 1029 d said Deed Records, a distance of 416.70 feet; THENCE North, along the East line d said Lot 1 and also along the East line d lot 4R, Block 1, Kroger Addition as recorded in Cabinet A, Slide 1397 d said Deed RecbMs, a distance d 499.21 feet; THENCE North 89 degrees 41 mirndes 00 seconds West, along the North line of Forest Oak Lane, a distance d 414.65 feet to the Southwest comer d said Petty trail; THENCE North 00 degrees 00 minutes 15 seconds West, along the West line of said Petty Vail, and the West line d the following trails, Harold Hall rocorded in Volume 9320, Page 1649, Bransford Park Land Trust, Vdume 10461, Page 1250, Bruton D. And Carol G. McCullough, Volume 11772, Page 2174 8 Volume 11772, Page 2170, said Brown trod, a distance of 773.75 tact to the Northwest corner d said Brawn Vad; THENCE East, along the North line d said Brown Trail, a distance of 919.00 feet to the POINT OF BEGINNING and contaning 20.36 acres d land. The above legal description was compiled and written trortt information obtained Trom Tarrant County Deed Records, Tarrant Appraisal Distrwi, City of Colleyville and other sources. This legal description is to be used for zoning purposes only and is not to be, relied upon as a boundary survey d any type. 0-99-1141 Exhibit "B" PROPERTY DESCRIPTION TRACT 'B' Being a trod of land situated in the City of Colleyville, Tarrant Cowrt)r, Texas in the J. M. Looney Survey, AbsUad No. 936, said tract being the remainder trail deeded to Foster Alton and Jean Andrews as recorded in Volume 6985, Page 1790 of the Deed Records of Tarrant County, Texas, said tract being more particulariy described by metes and bounds as totlows: BEGINNING at a point on the apparent East R.O.W. line of Pleasant Run Road, being the Southwest comer of a trod deeded to a Richard P. Failor recorded in Volume 9085, Page 2173 d the Deed Records of Tarrant County, Texas; THENCE South 87 degrees 45 minutes 00 seconds East. along the South I'xte d said Faulor trail and a trail deeded to Jane O'pry as recorded in Volume 12888, Page 136 d said Deed RecoMs, a distance of 339.55 feet; THENCE South 13 degrees 13 minutes 00 seconds West, along the West line d a tract deeded to Charles Davidson as recorded in Volume 7590, Page 1964 d said Deed Records and along the West line of Lot 1, Block 1, Foster Addition as recorded in Volume 388- 142, Page 35 of said Deed Records, a distance of 374.15 feet; THENCE South 87 degrees 45 minutes 00 seconds East, along the South line of said Lot 1, Block 1, a distance of 118.71 feet; THENCE South 29 degrees 32 minutes 23 seconds West, along Colleyville Boulevard (S.H. 26) a distanced 317.22 feet; THENCE North 08 degrees 29 minutes 13 seconds West, leaving said Colieyville Boulevard, along the East line d Lot 1, Block 1, Applebee's Addition as recorded in Cabinet A, Slide 3939 d saki Deed Records, a distance d 108.98 feet; THENCE North 04 degrees 33 minutes 00 seconds East, continuing along the East line d said Lot 1, Block 1, a distance d 63.04 feet; THENCE South 84 degrees 30 minutes 04 seconds West, along the North line said Lot 1, Block 1, a distance d 212.53 feet; THENCE North 00 degrees 45 minutes OS seconds East, along said East R.O.W. line d Pleasant Run Road, a distance of 508.00 feet to the POINT OF BEGINNING and containing 3.71 acres d land. The above legal description was complied and written from information obtained from Tarrant County Deed Records, Tarrant Appraisal District, City d Colleyvilte and other sources. Thla legal description is to be used for zoning purposes only and is not to be relied upon as a boundary survey d any type. 0-99-1141 Exhibit "B" ~- ~ ~ ~ 1 1 .~ i UM r ww Y/ s~7~~~ w~~~~~~r ~~ p !^ ~ ~ .~ Legend NC -Neighborhood Center NG -Neighborhood General ~-- '° i i i i i i I I ,-•r....... Y~ I I I I 'I I ,~ I I ~I 1 I I I ~~ I I I I I I 1 I 4~ ----, ~ 0-99-1141 Exhibit "C" s ~~ ! ~~ J c i i ,~ +I i The Village at Cotleyvitte Statement of Planning Obiectives 1. The development should create a traditional American or European-style village. Like any traditional village, it will contain a variety of building types and uses. The architectural style of the project will be similar to that of a French or Italian village near the Mediterranean coast. 2. The Village at Colleyville will be very pedestrian-friendly. We believe that enhancing pedestrian access to our shops, boutiques and restaurants will maximize their sales. Therefore, we have designed the village to slow traffic and encourage people to park their vehicles and walk around. 3. The buildings, streets, sidewalks and open spaces will be built on a human scale, not an automobile or highway scale. Streets will be narrow; sidewalks accommodating and building heights will be limited to allow natural light to the open areas. 4. Different uses within the same building will be highly encouraged. Single-family residences will be constructed above many shops and offices. Parking requirements shall be reduced since retail, office, restaurants and single-family residences need parking at different times. S. Each property owner in The Village shall be a member of The Village Owners' Association, Inc. The Association shall collect dues from each property owner for landscaping, maintenance, Village promotions and events, cleaning, security, marketing, architectural control and project administration. 6. Most of the open spaces will be public. Examples of public open spaces in The Village include: parks, fountains, playgrounds, sidewalks; parking lots, streets, promenades, and walkways. The City of Colleyville will own these public open spaces. The Village Owners' Association will maintain the landscaping in all of these public open spaces. The City of Colleyville will provide its normal city services to these open spaces. 7. Please see the attached "Deed Restrictions and Zoning Ordinance" document. This document is hereby submitted so that its contents may become part of the PUD zoning ordinance for which the developer is applying. We request the assistance of the City staff and City attorney to legally transform this document into part of the zoning ordinance. 0-99-1141 Exhibit "D" The Village ar cotteyvitte Develoument Schedule The following schedule is a rough approximation of key development dates: 1. Zoning Approval: December 1998 2. Preliminary Plat Approval: January 1999 3. TIF Approval: February 1999 4. Final Plat Approval: Apri11999 S. Infrastructure Construction Start: June 1999 6. Infrastructure Construction Completion: February 2000 7. initial Buildings' Completion: September 2000 8. Grand Opening Celebration: December 2000 Statement of Proposed Qwnership 1fie project will be owned by a limited partnership, with Realty Capital Corporation acting as the general partner of the partnership. 0-99-1141 Exhibit "D" ~r~ M W r rrw= ~w~fr~~w ~~rri~w Note: Parking areas are circled i .~ f2 :^ ~ ~ .~ _.._.. ~~,w.M,~ ,- ~ ~ ~ ^ /~ 6~ ~~ ..~ 1--1 ~' ~~ 0-99-1141 Exhibit "E" i ~„t .,~ ~~ c;~ ~ ~~~ ~~ ;~~~ i ~~~ II li ~~ Special Height Conditions The Village at Colleyville ® Buildings restricted to 2'/z stories in height and residential use Buildings restricted to 2'/: stories in height, second floor and above can be office use or residential use only Exhibit F Special Height Conditions ORDINANCE 0-10-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 10, BLOCK 23 OF THE VILLAGE AT COLLEYVILLE CONDO ADDITION LOCATED AT 62 MAIN STREET 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. ZC10-013; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in 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 3 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 10, Block 23, of the Village at Colleyville Condo Addition located at 62 Main Street, 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 depicted on Exhibit "A" and described in Exhibit "B". b. The package store authorized by this Special Use Permit shall not exceed 2,900 square feet in size and shall only be allowed in Suite 110. c. The business name for this package store shall be "Tivoli Wines". Any change to any signage as it exists upon the approval date of this ordinance shall require an amendment to this ordinance. d. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "C". e. 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. f. 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 Ordinance 0-10-XXXX Page 3 of 3 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. 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 ~- ~r ~a~ p~7 ~~io ~~,~ ~.~: 7'§1 713. 71;1 $11 8i3 $1'= 4;t~ 5226 ;221 `'=''z I SO _ ~ ~ X21. r~ ~-. o, _ II % i_ DA LN ~ ~a, 1 ~ ~ Site ~1 ~ ~~ ~ ~~ }r~ } ti~ ~ ^i ~:. tyt:.~~1 ~ ~ ~ 1 r ~ ~~ ~ J ~~•~ _ ~~ ~ ~ m ~,1 a 1 fl '~- ~~ i .. .~ I i ~, ~, z~`t. _ T_ . . -~ - C ! -- `~ ~' _~ - :~~~? ~~ ~a7 ro i =~ i ~ ~ ,~~ __ ___~ ~ ~z~ ~~~ll~a 1~~ _ 101 ;.,1Q:t 5024 ~~ 42 i ~ _~ ~ 3021 ~ soa -"-U ` uo2o Exhibit "B" -Statement of Planning Objectives ~tat~ u.~'it': ~.? ~'i.~ta' ` t t!a c. ti t*s"t'4 ~,...i; i~,.,, i„ ...,. ,. ~ _ t. ~ .... to .... .. ~ x .< .< f .. - ..,. ~I; ~.. 't.t l~!It .3. F... ,f': ~i S, ~r `.4 ~. 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Exhibit "C" 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. "Owne-" 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 a,~_ _:.: Colleyville, Texas 76034 !{~~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Planning and Zoning Commission Agenda Date: 07/26/2010 Agenda No.: 7b 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 11 of the Longwood Estates at Ross Downs Addition located at 7171 Colleyville Boulevard, Case ZC 10-016 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Site Plan • Building Elevations Floor Plan Landscape Plan Security Plan Sign Exhibits Ordinance 0-95-987 Ordinance 0-04-1474 Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 07/26/2010 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for a Package Store on Lot 2, Block 11 of the Longwood Estates at Ross Downs Addition located at 7171 Colleyville Boulevard, Case ZC 10-016 Explanation J.P. Volk has submitted a request for a Special Use Permit (SUP) in order to operate a package (Liquor) store called "Tri-City Spirits" at 7171 Colleyville Boulevard. The proposed package store will encompass 4,000 square feet of an existing multi-tenant retail building. Existing Zoning and Development Conditions. The property is zoned PUDC-Planned Unit Development Commercial under Ordinances 0-95-987 and 0-04-1474 and is platted. Package stores are allowed in aPUDC-Planned Unit Development Commercial zoning district with the approval of an SUP where no current provision exists. The property is developed as a 10,506 square foot multi-tenant retail building which is currently vacant. The building has been vacant since its construction in 2008. Ordinance 0-04-1474 prohibits convenience stores. Although similar to a convenience store, the proposed use does not meet the technical definition. Therefore the proposed may be permitted with the approval of an SUP. 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 City of Colleyville Page 1 Printed on 7/23/2010 Agenda Briet'inp Continued 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 the entire building as it is currently configured on the subject property. 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 20 parking spaces. The site plan provided by the applicant indicates 52 total parking spaces for the entire building, which meets the minimum requirements for a general retail building. There is also shared parking available from the other existing adjacent buildings in the development. Site Layout The proposed package store will be located in the southern portion of the building. Landscapin_g The subject property currently meets all requirements of the Land Development Code. 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 building. The dumpster complies with the screening requirements of the Land Development Code. Access and Traffic Generation. Access The site contains one (1) driveway approach which connects to SH26 and is a right turn in-out only approach to and from SH26. The site is also accessible from across-access drive from behind the building that connects to Longwood Drive, which has a signal controlled intersection with SH26. 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 389 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 City of Colleyville Page 2 Printed on 7/23/2010 Agenda Briefing Continued Monday. Building Design. According to Ordinance 0-04-1474, all buildings in this development must meet a minimum design score of 35 as described in Chapter 6-Building Design in the Land Development Code. The building meets this requirement. 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 existing monument sign located next to the driveway approach along SH26. An exhibit has been provided showing the locations of the wall signs and the monument sign. These exhibits have not been added to the draft ordinance in lieu of the requirements specified below. 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 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, 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: 188 feet • Distance to closest school: 2,526 feet • Distance to closest church: 5,597 feet • Distance to closest day care: 2,117 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: City of Colleyville Page 3 Printed on 7/23/2010 Agenda Briefing Continued • 4200 Glade Road 2.8 miles • 62 Main Street 2.3 miles • 4405 Colleyville Boulevard 3.2 miles • 3809 Colleyville Boulevard 3.9 miles • 7101 Colleyville Boulevard 659 feet • 5232 Colleyville Boulevard 2.6 miles Surrounding Properties. The properties to the north, on the opposite side of SH26 are zoned PUDR-Planned Unit Development Residential and are developed as residential uses. The properties to the east are zoned PUDC-Planned Unit Development Commercial and ML-Light Industrial and are vacant. The properties to the south are zoned PUDC-Planned Unit Development Commercial and developed as offices and single family homes. The properties to the west are zoned PUDC-Planned Unit Development Commercial and are vacant. 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 52 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 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: 1. 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. 2. 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 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. 3. 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 Ordinances 0-95-987, 0-04-1474 and current Land Development Code City of Colleyville Page 4 Printed on 7/23/2010 Agenda Brietin4 Continued and Code of Ordinance requirements as specified below: Complies with parking regulations? Yes Complies with landscaping regulations? Yes Complies with sign regulations? Yes 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 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 Colleyville Page 5 Printed on 7/23/2010 Location and Zoning Map ~~oi ;y~ u~ (;~ ii~~ - r,~,;,~~ _~ ~JQ ~i~;~S ~.~~~~ ~t~'t Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR 20Four Llc 7151 Colleyville Blvd Ste 101 Colleyville TX 76034 7151 Colleyville Blvd 7157 Colle ville Llc 115 Sam Bass Rid a Rd Southlake TX 76092 7157 Colle ville Blvd A hdam, Lida G 2503 Ballantrae Dr Colle ville TX 76034 7155 Colle ville Blvd Atchley, Brant Etux Patricia 2216 Collins Path Colleyville TX 76034 2216 Collins Path Bhatla, Ravinder N Etux Neelu 7009 Coleman Ct Colleyville TX 76034 7009 Coleman Ct Birkenfeld, Richard PO Box 93089 Southlake TX 76092 7001 Coleman Ct Brigman, David F Etux Susan V 2213 Collins Path Colleyville TX 76034 2213 Collins Path Colleyville, City Of 100 Main St Colleyville TX 76034 7201 Colleyville Blvd Colleyville, City Of 100 Main St Colleyville TX 76034 7201 Colleyville Blvd Colleyville, City Of 100 Main St Colleyville TX 76034 7213 Colleyville Blvd. Ctm Capital Llc 7167 Colle ville Blvd Ste 104 Colle ville TX 76034 7167 Colle ville Blvd Ctm Capital Llc 7167 Colleyville Blvd Unit 104 Colleyville TX 76034 7167 Colleyville Blvd Gross, Samuel Cris 2309 Danielle Dr Colleyville TX 76034 2309 Danielle Dr Hudak, Jason Etux Michelle R 7004 Cole Ct Colleyville TX 76034 7004 Cole Ct Jarwan, Esam Etux Sally 2208 Danielle Dr Colleyville TX 76034 2208 Danielle Dr Krikorian, Gabriel Y 7008 Cole Ct Colleyville TX 76034 7008 Cole Ct Kuhn, Alyce 2204 Danielle Dr Colleyville TX 76034 2204 Danielle Dr Lee, Darren M Etux Miriam S 7005 Cole Ct Colleyville TX 76034 7005 Cole Ct Lon wood Plaza Partners 1901 N Akard St Dallas TX 75201 7171 Colle ville Blvd Lon wood Plaza Partners 1901 N Akard St Dallas TX 75201 7171 Colle ville Blvd Longwood Plaza Partners 1901 N Akard St Dallas TX 75201 7153 Colleyville Blvd. Longwood Plaza Partners 1901 N Akard St Dallas TX 75201 7167 Colleyville Blvd Longwood Plaza Partners 1901 N Akard St Dallas TX 75201 7151 Colleyville Blvd Longwood Plaza Partners 1901 N Akard St Dallas TX 75201 7151 Colleyville Blvd Longwood Plaza Partners 1901 N Akard St Dallas TX 75201 7151 Colleyville Blvd Longwood Plaza Partners 1901 N Akard St Dallas TX 75201 7157 Colleyville Blvd Longwood Plaza Partners 1901 N Akard St Dallas TX 75201 7155 Colleyville Blvd Lon wood Plaza Partners 1901 N Akard St Dallas TX 75201 7155 Colle ville Blvd Lon wood/26 Ltd 401 N Carroll Ave Southlake TX 76092 7161 Colle ville Blvd. Marr, David G & Lesley Marr 7000 Cole Ct Colleyville TX 76034 7000 Cole Ct McMahon, Patrick Etux Geraldin 2212 Danielle Dr Colleyville TX 76034 2212 Danielle Dr Moon, Woo J Etux Myung S 7009 Cole Ct Colleyville TX 76034 7009 Cole Ct Novak, David J Etux Gayle H 7005 Coleman Ct Colleyville TX 76034 7005 Coleman Ct Pasco Inc PO Box 93988 Southlake TX 76092 7165 Colleyville Blvd Pasco Inc PO Box 93988 Southlake TX 76092 7165 Colleyville Blvd Pasco Inc PO Box 93988 Southlake TX 76092 7165 Colle ville Blvd Prm'rm Llc 3004 Broadgate Ln Southlake TX 76092 7167 Colle ville Blvd Pro-Diem Inc 702 Lakehurst Ct Southlake TX 76092 7157 Colleyville Blvd Rak Property Gruop Llc 175 Creekway Bnd Southlake TX 76092 7157 Colleyville Blvd Riley, Shelly W Etux Vina J 2217 Collins Path Colleyville TX 76034 2217 Collins Path Rooney, Joseph Etux Barbara 2221 Danielle Dr Colleyville TX 76034 2221 Danielle Dr Sandadi, Praveen & S Borra 7416 Stoney Point Dr Plano TX 75025 7155 Colleyville Blvd Stanton, Jerry M 2220 Collins Path Colleyville TX 76034 2220 Collins Path Syring, Michael Etux Catherine 2305 Danielle Dr Colleyville TX 76034 2305 Danielle Dr Tabone, Geor a Etux Am 7000 Coleman Ct Colle ville TX 76034 7000 Coleman Ct Ta lor, Earnest E Jr PO Box 92517 Southlake TX 76092 7165 Colle ville Blvd Timarron Golf Club Inc 3030 L B J Fwy Ste 600 Dallas TX 75234 7200 Colleyville Blvd. Unique Landscaping Design 7111 Colleyville Blvd Colleyville TX 76034 7111 Colleyville Blvd Ward, Chas R Jr Etux Karla T 2301 Danielle Dr Colleyville TX 76034 2301 Danielle Dr Western Timarron Lp =3030 L B J Fwy Ste 1500 Dallas TX 75234 2200 John McCain Rd White, Patricia S 7001 Cole Ct Colleyville TX 76034 7001 Cole Ct Wozniak, Craig C Etux Pamela A 7004 Coleman Ct Colleyville TX 76034 7004 Coleman Ct J. Patrick Volk, applicant 3719 Treemont Cr. Colleyville TX 76034 applicant Public hearing notices were mailed on Wednesday, July 14, 2010 by Amy Shelley. Statement of Planning Objectives and Business Description PARTNERS: J. PATRICK VOLK ,MARK A. ICAZEWYCH _.°~:' :Longwood Plaza 7171 Colleyville Boulevard Colleyville, Texas 76034 i ''._z_', ': Lot 2 Block 11 Longwood Estates at Ross Downs Re plat lots lR, 2 &3, block 11 CAB. A page 1 ]069 ? ''_ Retail Sales of Package liquor ,fine wine and cold beer. We are hoping to open for business this fall possibly late September. . Mon- Sat. 10 am- 9pm Sundays Closed 3 Full time and 3 part tune with two managers and both partners also participating in daily operations. Total of 8 employees not including partners. '" l ~. ~ .: Upscale package liquor store catering to the local demographic. The products we will carry will be finer liquors, wines and beers, with adequate inventory as to not be short of demand. Other products will include fine cigars, snacks, soft drinks, mixers and ice. We are going for first class customer service catering to a more upscale clientele, providing them with superior service with the ultimate goal of building a large loyal customer base. This will be accomplished through sound mazketing concepts, including weekly specials, tasting to promote new or featured beverages with complimentary appetizers utilizing local chefs promoting their businesses, community sponsorships, frequency rewazds and advertising. The interior atmosphere of our store will be a pleasant upscale environment unlike your typical liquor store. The exterior will have a static sign reading as this, "TRI CITY SPIRITS" Black in daylight red L.E.D. at night. We will have plenty of parking approx. 20 spaces adjacent to our space. TOTAL SQ. FOOTAGE EST. SALES/ SQ. FT YEAR EST. PROPERTY EST. SALES TAXES/YR TAXES/YR. 4000 SQ. FT. 375/ SQ. FT 12,000.00 ]23,750.00 ~~ ~ N~Y~ EST. LOCAL T'AYES/YtL TAXES/YR. ~~Z,SO.oe 30,000 As a footnote I have met with Mr. Tom Smith at "SCORE" and received his help with my business plan. STATE HIGHWAY N O. 2 8_,,,,_ ~~ ~C~. ~ \\ \~ _ .:::r. :,.,.--x:' C O l L E Y V I L L E H L V D. -~~ ~- rnrsY .. _ ...... . _ . .~ .» ~... ,~.-. ~~e_ _ ~ ~ n-zeoo.~J _ __ .. _.. _ -_ __... . . - -- t~a~r-. r - // ~~-__-_-.-~ r~- ----__~_-_ __-_~- _ ..... ... ...... - ~'~ _ O ~~, ~. ~® _-- ' I~_ i9 ~0 0 SO b gLt•a RR 1.. ar 1 _-.~_.t~~.. _...__-..._-...-~..-._.. ,.... __. _._...._. I , -----~----.^~^TI^ .O anc l,.q---r----------- - -~ I I f ~ ~_ e i ~ _ _. I 1 I I __~ r-- - - _ I Y ti I 1 i I 1 L_~...._ ~_'~ I , 1: ~~ WC. _ I I ~.._.~.. _ ` ~ f? •. - - 7 I C -i 1' ""- ' I .-{~` A ~ ,. ___~ ,w. ~ .. _ '. f 3 __ , - r ? _ r.me usmt snEnuLr_ s.N uEp% 51~E5E~N sane arrNas MJ11BF% 513 DOY tlIR 93 1 % 6' N Z Y N//. 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'.. z '~ '~' ~ .~ ~.~ ~ i '`~- ~ ~ i 40 BUILDING.: LINE i ~' ---~- ,~ . r 4 f~"' ' ~ f ~ ~~~ `~ ~ ,, `. . ~ I ~,y_ r° ~ ~ ~ ~ j ''~. `f ~ ~ ,_.. ~, ~ . ~~ ~D} L N~~C~~ BUf F .-R i :~ ~ , ~ ~ . _ _. -- .__ d~ Q :~ _ t ~`~ C c~ a .` m $eeo•:~1~ 41a,~ Tai City 5'Ptati~+s ~t td ~o ~v W ''~ V! ~iWlt~l~~ j 4 t ! ~''''~~f:. ~` ~, rr~r,y ~~s I J 1 • Ire' ~ ^ 1~* '~ T: I r ~ ~ .> ~ S ~ ~t~~~- J •~~~ ~ ~~iyy ~ ~ _ t# ~ .~: TED INDNIDUAL CHANNEL LETTERS ^~ MAY 27, 2010 NONE 55'~s~ 9n N i I ~ ~^ T 1 z~" y 717 :~ yi "' y ~ j } ,. ~~ ' ~i ~ ~..Jwt _ .- - ~< ~ ,,, ~~ ~ n;« ,.. µ~.:. :i it ~, ~ i ~ ~. ~. .. s,.. ~___ ~~ .~--` ORDINANCE 0-95-987 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIALZONING MAP AND CHANGING THE ZONING OF 21.299 ACRES OUT OF THE M.W. DAVENPORT SURVEY, ABSTRACT 432; THE J.N. GIBBON SURVEY, ABSTRACT 591, TRACTS 4A3, 4A1,~ 4A3B AND THE ROBERT CROWNING SURVEY, ABSTRACT 294, TRACT 1E AND A PORTION OF TRACT 1, IN THE CITY OF COLLEYVILLE, TEXAS FROM THE ML~' (LIGHT MANUFACTURING) DISTRICT TO THE PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL WITH 28 RESIDENTIAL LOTS) DISTRICT; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by John Cole, Colleyville Development Limited Partnership on February 22, 1995,under Case No. Z- 95-007; and, WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at, least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before both the Planning and Zoning Commission and the City Council; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (as indicated in Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B) by changing the zoning of said property from the ML (Light Manufacturing) district to the PUD-C (Planned Unit Development-Commercial) district togetherwith all site plans, 0-95-987 Page 2 of 11 supporting documents, and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to: the Development Standards, which are Attachment 1 to this ordinance, and the Conceptual Site Plans, which are Attachment 2 to this ordinance. Attachments 1 and 2 shall be incorporated in this ordinance for all purposes. Sec. 2. Any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the o?/St day of 1995. The second reading and public hearing being conducted on the ~ day of ~ , 1995. The third reading and public hearing being conducted on the ~~'~ day of ~ ~ , 1995. ATTEST: ~~/~J~~ an Harris, CMC City Secretary CITY OF COLLEYVILLE Cheryl Feigel Mayor APP OVED AST FORM AND LEGALITY: Ross T. Foster City Attorney SECTION 3.14 OF CITY CHARTE IF THE MAYOR SHALL NEGLECT TO APPROVE OR OBJECT TO ANY SUCH PROCEEDINGS FOR A LONG- ER PERIOD THAN SEVEN (7) DAYS AFTER ORDINANCE OR RES- OLUTION IS PLACED IN THE OFFICE OF THE CITY SECRETAR AS AFORESAID, THE SAME SHAL BECOME EFFECTIVE IMMEDIATEL UPON PUBLICATION AS REQUIRE BY LAW. EFFECTIVE MAY 15, 1995 i tIMARR~~ ~PUD-R I\ EXHIBIT A ORDINANCE 0-95-987 LEGAL DESCRIPTION BEING all that certain tract, parcel, or lot of land loca[ed in the ROBERT CROWNING SURVEY, Abstract No. 294, the J. N. GIBBON SURVEY, Abstract No. 591, the M. W. DAVENPORT SURVEY, Abstract No. 432, and the A. J. LOTT SURVEY, Abstract No. 963, Tarrant County, Texas, and more particularly described as follows; BEGINNING at a point in the south right-of--way line of State Highway No. 26 (Colleyville Boulevard) and the west right-of--way line of Longwood Drive, for the beginning of a curve to the right with a central angle of 26°29'29", a radius of 470.00 feet, a tangent length of 110.63 feet, and a chord bearing of S 08°14'44" E, with a chord length of 215.38 feet; THENCE an arc length of 217.31 feet along said curve; THENCE S 05°00'00" W, 85.45 feet to the beginning of a tangent curve to the left, with a central angle of 59°48'02", a radius of 530.00 feet, a tangent length of 304.77 feet, and a chord bearing of S 24°54'01" E, with a chord length of 528.40 feet; THENCE an arc length of 553.17 feet along said tangent curve; THENCE S 54°48'02" E, 22.38 feet to the beginning of a tangent curve to the right, with a central angle of 13°13'52", a radius of 475.02 feet, a tangent length of 55.09 feet, and a chord bearing of S 48°11'11" E, with a chord length of 109.45 feet; THENCE an arc length of 109.70 feet along said tangent curve to the beginning of anon-tangent line; THENCE S 78°49'39" W, 527.87 feet; THENCE S 79°37'39" W, 737.55 feet; THENCE N Ol°13'48" E, 269.94 feet; THENCE N 89°31'06" W, 23.99 feet; THENCE N 00°04'22" W, 120.70 feet; THENCE N 79°37'39" E, 301.03 feet; THENCE N 23°47'43" W, 163.09 feet; THENCE N 86°48'58" W, 229.10 feet; 'T'HENCE N 00°17'24" W, 22.11 feet; THENCE S 89°42'25" W, 59.16 feet to the beginning of anon-tangent curve to the right, with a central angle of 04°52'27", a radius of 2814.79 feet, a tangent length of 119.80 feet, and a chord bearing of N 54°55'14" E, with a chord length of 239.38 feet; THENCE an arc length of 239.45 feet along said non-tangent curve to the beginning of anon-tangent line; THENCE N 66°56'39" E, 137.41 feet; ALi.BDY.FNS February 22, 1995 EXHIBIT B ORDINANCE 0-95-987 THENCE N 67°07'40' E, 502.20 feet; THENCE N 66°11'40' E, 206.12 feet co the PO[NT OF BEGINNING, containing 17.926 Acres (780,840 square feet) of land, more or less. ALLBDY.FNS February 22, 1995 EXHIBIT B ORDINANCE 0-95-987 LEGAL DESCRIPTION TRACT 2 BEING all that certain tract, parcel, or lot of land located in the J.N. GIBBON SURVEY, Abstract No. 591, Tarrant County, Texas, and more particularly described as follows; BEGINNING at a point in the south right-of--way line of Colleyville Boulevard (State Highway 26); THENCE N 66%%dll'40" E, 379.76 feet; THENCE S 34%%d56'20" E, 309.90 feet; THENCE S 04%%d01'40" W, 136.64 feet; THENCE S 90%%d00'00" W, 494.49 feet to a point in the east right-of-way line of Longwood Drive (a 60' R.O.W.); THENCE NOS%%d00'00" E, 28.93 feet to the beginning of a tangent curve to the left, with a central angle of 22%%d48'12", a radius of 530.00 feet, a tangent length of 106.88 feet, and a chord bearing of N 06%%d24'06' W, with a chord length of 209.55 feet; THENCE an arc length of 210.94 feet along said tangent curve to the POINT OF BEGWNING, containing 3.456 Acres, (150,545 square feet) of land, more or less PZON4H.FNS Fcbruary 22, 1995 EXHIBIT B ORDINANCE 0-95-987 DEVELOPMENT STANDARDS 6.97 ACRE COMMERCIAL TRACT COLLEYVILLE DEVELOPMENT LIMITED PARTNERSHIP 1. The Site Plan submitted at the time of approval of the PUD-C zoning for the subject tract is conceptual in nature. A revised Site Plan will be submitted for approval by City Staff prior to issuance of Building Permits. 2. The minimum rear setback along the southern and western edge of the property shall be 25 feet. 3. The final site plan submittal shall include elevation designs of all sides of the buildings. 4. All mechanical equipment and dumpsters shall be screened from all views. 5. All facades will be in accordance with stipulations and regulations of the Ciry of Colleyville Building Codes. Design features may include decorative tile, stone, brick or block provided such design features conform to all City requirements. 6. All conditions listed here shall be in addition to the requirements for the site set forth in the Zoning Ordinance and Building Code. 7. Building signage will be coordinated by the Developer to insure consistenry and aesthetics and be subject to approval by the City Staff. 8. A screening fence shall be erected along the southern and western edge of the property. 9. Sidewalks shall be provided in accordance with the Sidewalk Ordinance on or adjacent to the rights- of-way of Highway 26 and Longwood Drive. 10. Building frontage along Longwood Drive will be a minimum of 120 feet. 11. All landscaping will be done in accordance with the City of Colleyville Landscape Ordinance. 12. If no parking is provided between the proposed buildings and the street, then the building setback line can be varied to zero. 146002DE.STD ATTACHMENT 1 ORDINANCE 0-95-987 Ordinance COZL PROPERTY: Development Standards 1. Residential Use a. Single-family dwellings only, not to exceed two stories. 2. Size and Condition of :louse a. Minimum house size to be 2,000 s.f. ssingle story) and 2,300 s.f. (two story). b. 85$ constructed of brick, stone or approved masonry on the first floor. 3. Landscaping and Retaining Walls a. All retaining walls, planter walls and mail boxes visible from any public right-of-way shall be con- structed of brick, stone, wrought iron or a combina- tion thereof. 4. Garages a. Maximum of three caz garage. b. Minimum of two car garage. c. Front, side or rear entry (corner lots require matching masonry wing screening wall acceptable to the Architectural Control Committee on side street if garage is to be accessed from side street). 5. Roof a. 8/12 pitch b. Slate, copper, clay the or Architectural Control Committee approved composition shingle. 6. Exterior Surface Site plan and all elevations shall be approved by the Architectural Control Conanittee. 7. Sidewalks and Driveways Front sidewalks will be required. All driveways and sidewalks shall be of concrete or of clay brick or con- crete brick pavers approved by the Architectural Control Committee. ATTACHMENT 1 ORDINANCE 0-95-987 Ordinance -2- 8. ~'e^^~s a..^.d cdalls fences and walls shall be no higher than 8 feet. All fence designs must be approved by the Architectural Control Committee. 9. Storage of Non-Motorized Vehicles and Equipment None allowed where visible from streets, Commoa Area and adjacent lots. 10. Covenant to Complete Construction a. Construction must begin within one year from acquisition of the lot. b. Construction must be complete within six months. 11. Antennas a. No radio or TV antennas visible on the property. b. Satelite dishes must be screened and shall not be visible from streets and adjacent lots. c. No ground mounted radio antennas will be permitted. 12. Vehicles a. No vehicle may be parked on public right-of-way over 24 hours. b. Storage of trucks or other oversized vehicles shall not be allowed in driveways. ATTACHMENT 1 ORDINANCE 0-95-987 1 yfy ~! OiMIW M l11Y97 7A11t~1 s.tr 'ulYgi Ir.rwl Irrul:V! A ~1O IK ~. '~IWK IOf~D M f hf • ~NIR:14wl~N ~ w NL t 'AMR 9~w0 IYiW ITY M>• K.t 1>•r ~. tNtl i.uai isxww ~Iw+or ~wr~ ...T~. ..~~1...1a~~// ' y ~\ ~l~ ~3!!? :.1 ..~. ~Y:,• . ~~~~~ ~i .~, 1~ ~ -~ ...~ 1~~I~~ .-. ...., ....... f, ..,.. ,` _..~___.....~......._ ..~ .:~:~::: ..s, ... _.. .~. ~~~" `„ L:..i it w ,~1~. ..: •n.~w• i ~w • .aau. s v~i ~d ti N ~ z° W ~ ~ W a Z Q Z_ aG 0 _..Y :il: ,Y/ "' I T Imo. «..w~ryw~/«~ ~.~~I /I~ ' 1•--I--f---1--1-°--1- 1 1 ..1_.._..1.__.-f-...._L._..-f----~1-- 1 f- 1 1.. ~,... ~" 1 .. ......._ - I I r mj~ --..-~ o~ Z as zn n = m~ om m ~ ~N V ---- ~~- ~ rl-Frrf I~1"I-I1 Cf1~1 ~ ~ - F1=n ITfI I bU I1 I I 1 F1 I- -I I-l- -I I I~ I~I~I I i~ - EI 1 I I i i i; ~ ~~+_ ~ ;; !~~- - "~ ~liilllllll `-'r-' `~~' -' c11111111111111 '' ` ~y,~. .~ - 115 r, .,....~ I ~I ; ; ~' ~~~ ..,.... ..... Q- ~. ~ - v ~'~' ~ ~/~• -"' ~. LLU.IJ.1.1 i.l l I I I I I i l LLLLI i l I I LLI LLLI I I LI I I LI Lf~ ,~ i''` ® ,: ~~. ~ :.r... .~ ~• QiiR~~w:_ .`~ ..~., ,~ •.~o ~ :off' /,% ~;•~I ~ ...~... • " V I I I _ .. _ -IIIlIIhI ~ /~~ I N / / 1) 1 ~n ~~-• '7!! ~~ 3~ i ~ ~ ---... _ I;II ~ ~: I y ~ ~ '`' ` ~ ' ~ ( ~ !~~ ~ \ ' ~ ' III I ~ ~ I ~L ~ __ ~ ~ ` ~ ~ at t~ongwood __ I ~ ~ . ~':.~~ :~~ _ ~~ «... r... ~~'w ~;:.:.. Rrv4. ~ a~ 1~ 1 ORDINANCE 0-04-1474 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING ORDINANCE 0-95-987 AS IT RELATES TO THE COMMERCIAL DEVELOPMENT STANDARDS FOR LOT 1, BLOCK 11, LONGWOOD ESTATES AT ROSS DOWNS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Cloudloft Investments on June 21, 2004, under Case No. Z-04-025; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by legal description as Lot 1, Block 11, Longwood Estates at Ross Downs, by amending Ordinance 0-95-987, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the development standards for Lot 1, Block 11, Longwood Estates at Ross Downs shall be amended to read as follows: 1. GENERAL a. The purpose of this PUD-C is for retail, restaurant, and office uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-04-1474 Page 2 of 4 2. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within this Planned Unit Development. (1) All uses allowed in the CC1 and CC2 zoning districts (2) A Special Use Permit for alcoholic beverage sales for on- premise consumption is hereby authorized for this property in conjunction with a restaurant use. The Special Use Permit shall be applicable only to Lots 1 and 2, as shown on Exhibit "B". b. The following land uses shall be prohibited within this Planned Unit Development. (1) Restaurants with drive-through service (2) Convenience stores with or without gasoline sales c. The use of the buildings on Lots 1 and 2, as shown on Exhibit "B", shall be restricted to sales tax generating uses, and shall not be used for office uses for two (2) years from the date of the issuance of the first certificate of occupancy for an office use. 3. CONCEPTUAL SITE PLANS AND PLATTING The arrangement, location, and footprint of buildings within the PUD-C may differ from that shown on the attached Exhibit "B" and will be determined at time of site plan approval. 4. LOT REQUIREMENTS AND SETBACKS a. The lot requirements and setbacks shall be the following minimum standards: (1) Minimum Lot Size None (2) Building Line adjacent to street 40 feet (3) Side or Rear Building Line 25 feet adjacent to residentially-zoned property (4) Side or Rear Building Line 10 feet adjacent to commercially-zoned property b. The buildings shall not exceed thirty-five (35) feet in height. Ordinance 0-04-1474 Page 3 of 4 5. OPEN SPACE AND LANDSCAPING a. The building site shall comply with the minimum landscaping requirements of the Land Development Code, which shall satisfy the open space requirements for the PUD-C area. b. There shall be constructed a landscape buffer along the south property line adjacent to Blocks 9 and 10, Longwood Estates at Ross Downs, that shall consist of a row of evergreen shrubs, which shall reach a height of eight feet within two years after development of the site. The landscape screen shall be constructed prior to the issuance of a certificate of occupancy on the property. 6. LIGHTING a. Lighting on the buildings shall be shielded and designed to direct the light downward and away from adjacent residential properties. 7. SIDEWALKS AND TRAILS a. The developer shall construct a 4-foot wide sidewalk adjacent to Longwood Drive, in accordance with the standards contained in the Land Development Code. The sidewalk shall be constructed prior to the issuance of a certificate of occupancy for any structure on the lot. 8. GENERAL DEVELOPMENT CRITERIA a. The architectural design score for all commercial buildings shall be a minimum of 35 points, as described in Chapter 6 of the Land Development Code. b. Afire lane connection shall be provided from the property to Coleman Court. The configuration of the connection shall be subject to approval by the Fire Marshal. c. All utility services internal within the development shall be buried underground. Sec. 3. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Ordinance 0-04-1474 Page 4 of 4 Sec. 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. t readin and ublic hearing being conducted on the ~` ~ day of The firs g p 2004. din and ublic hearing being conducted on the ~ day of The second rea g p ~- 2004. ATTEST: ,. Cynthia Singleton, TRMC City Secretary V AS TO FORM AND LEGALITY: R ss Oster City Attorney Mayor EXHIBIT A -ZONING MAP EXHIBIT B -CONCEPTUAL SITE PLAN t__...._._ ~~~ _. ~. `"'~ . _., . - .__, ,., ~~ _. m ~o _~ ~ ~? ~ ~+?> F- ~ a ~ li ~ ~.,c~ u r ~Op o e a e ii ~ ~- ,(~ y' O O O O O O. O 4 ~~ ~~t e 'fi'r- ,', ~ ?~ (y Y *^ , ~ .t ._, ~'~ ; ~ 1 rat ~ ~ k ~,S' jkJ r ~~ti ~.~1; ~ :~ar ~ v 4 t s~ ~ ~~ .A ( L^ .._ .~.+.S; set -., .. .. ';1 I! - _, .~ 1 ~~ 777555 1 `~ _ - ~ ~_ , ~ , WK) i I .C ~~ { -tif ~ ~ ` ~ t p . V ~ ~ e ~.. 1F 9 ~1 a~ `,4 iS ! Ar s '''~ ~ t- \ e - -, R'~•'1 ~ T_J ~ ~, 'r p . ,y ... ~ c:r t { r ~~ T ~ r Z > f' - ~ oc nJ. ~` _~r, W ~,; ~ 6 ~~ ~ i i iIYAA ~ ~„`..,., -_ t ! - . 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 11 OF THE LONGWOOD ESTATES AT ROSS DOWNS ADDITION LOCATED AT 7171 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. ZC10-016; 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 11, of the Longwood Estates at Ross Downs Addition located at 7171 Colleyville Blvd., 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 depicted on Exhibit "A" and described in Exhibit "B". b. The package store authorized by this Special Use Permit shall not exceed 4,000 square feet in size. c. The business name for this package store shall be "Tri-City Spirits". d. 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 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. e. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "C". Ordinance 0-10-XXXX Page 3 of 4 f. 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. g. 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. 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 Ordinance 0-10-XXXX Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map Exhibit "B" -Statement of Planning Objectives . ~ t~, 1'Alt"(Nt.Rti: ,T. T'ATT2I~K VC`ti.K , ~tARi~ A~ KA7.FW1r`<".fI 17' (~`oile, <~iil~ E3vtsle~~trtl ~~~,1<<ti,ille,~~~~,~ ~~c~~a ~.ot? E~i~?ck 1 T t an.~•.ti~ru~i 1?~..t:e. a" Rrrss fJc~+xn~; Re plat to#s ilZ. ~ ~ ~. blr~t;Sc : 1 (,it3. r~ pant 1 it)f,t) ~., . 12~tnt1 Stt44s t;1 :t: k,t, r 1:~~ks} tu: 1,=ne attd cc>1~a 1aer;. We are hopinz~ to open ft>r business tills T~t1' l~irssibly i~t~<~ ~<1n~ rr1~<"r. Mc~n- ;fat. tf.) itra~ tlptrt 5unday~s C"lt~se~l 3 f=ull tit7rc ~rtci 3 isact time rcidt lwc) :nana~;~ r~ atxi ht~tlt partners als~prtrticipFrtimtir+dail~~gxratitms, "tutalc~f~enllalta~ec;;,nat includui;~ l~artnc rs. ; F Llps~alensck.r~c frluur ~torccateringtothe tt>cal dentin r:r~f, ic,. "fhe prac~ucts we will carts ivtP, he trrer lirluars. wines and beers, with adecluatc inventary as to not he short ~,i ilena,rntl. C)the: praduets w=ill in~;lude fine cigars, snaeks, sn#~ drinl.-s, mixers and ice. We are ~out~:~, f ~r fit.t i „~ ctt vr,.~ r ~: -vice catt'rin~ to a mare upscale clientele, providing; them with supcriar ServiCC w.!?t t;te f,lt;n ,+te ,~t,_u c;f buih:ing alame loyal cust~xmer hs~se. `fhis will Fte accomplished thr<~ur,~t scntn;i tr:::rt.<"t;n:, cuktrants, including weekly specials, tasting to pmrYtote new or featured h~~°era~i ~~~ttt corxkl~lur ert;~ry appetizers utllizin~ 1oc33 chefs promc~tin~ their brasines~~c, G~rIaT#Unltysho;ut>rshi~~5,ir~i~a~cni'ircw.r. r:i?Ud~~iaigirt~. ite lnre"nor ,i1tlhLi~?1`C fC (1t cllsr ~l(7rC U`t t~ t.~ :I ~iC ti>. F174t ti~~$C-t31~ e{1Y2f¢Slhli~nf Un16.ke ~Ttt~' E} ~~IC;II TI C1tit)r store. "Fire exteritrr will have ;a ;t.the ~i~,rz r<.tdir. ~ ..5 ,I~:>~ "CKT Cf"l"Y STrtF{IT S" ETlack to dal (_ighf red L.Ei.i>. at ; ,,.h; t4'r will h;r~: p'rrt~ of 1,~~; ~~n,, rtpFJrt)*'. 2t) scxs ,3 ~ja~r;.t tip erur .;~acr- TOTAL. ~C?, f°C70'TA{~L f;S`C. SAI.T.S' Sf,~.1'T. EST, i'Rr7:'1-f2't'1' ['4 ; . ~~t,t"S l'F.'.AR TA\t"s-S'K l ~ht"ti YK. ~ot~eF ~~~. T'`l°. 3~s: std. rT. 1~,oc~o.~1u l?, .,.;c ~r; T+~.YC4/YR. `T~AXES~YR_ As a foatnate T haue met with Mr. 'T'am 5'mith at "SCO1t1~" and received his help u ith my husines<s plan. Exhibit "C" 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.