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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-8/9/2010City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville, com ~.ity' r'f {` ~ ~~ i ~_ ~ ~~_ Meeting Agenda Monday, August 9, 2010 6:15 PM City Council Chambers Planning and Zoning Commission z.,,, ,., City of Colleyville 100 Main Street tr ~~~~~ Colleyville, Texas 76034 ~`.~-'~ ~ Meeting Agenda a17. so3.lo00 ,;;~ vrww.colleyville.com Planning and Zoning Commission Monday, August 9, 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 Knox 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES July 26, 2010 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a minor plat for .75 acres on Tract 2E of Abstract 656 in the H. Hughes Survey located at 1512 McCain Lane, Case PC10-008 8. PUBLIC HEARING AGENDA ITEMS City of Colleyville Page 1 Printed on 8/5/2010 Planning and Zoning Commission Meeting Agenda August 9, 2010 8a Approval of a request for a Special Use Permit for a Package Store on Lot 1, Block 5R of the Woodbriar Estates West Addition located at 3809 Colleyville Boulevard, Suite D, Case ZC10-018 8b Approval of a request for a zoning change on 1.3 acres from ML-Light Manufacturing to PUDC-Planned Unit Development Commercial with a Special Use Permit for a Package Store on Lot 1 R2, Block 1 of the Tropicana Fuels Addition located at 7101 Colleyville Boulevard, Case ZC 10-020 9. ADJOU1~61~RAENT I herebertify the a~ve agenda was posted on the bulletin boards at City Hall on Frid August 6, 10 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 8/5/2010 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com i ,~` ~y _ ___ r~~.~ Minutes -Draft Monday, July 26, 2010 6:15 PM City Council Chambers Planning and Zoning Commission ~. City of Colleyville Minutes -Draft ~~...- Planning and Zoning Commission 6:15 PM Monday, July 26, 2010 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on July 26, 2010 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Dave Dudziak, Scott Redfearn, Michael Clardy, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Knox Staff Present: Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Police Chief Steve Dye, City Engineer Jeremy Hutt, Fire Marshal Rob McKeown and Planning and Zoning Assistant/Recording Amy Shelley 3. 4. 5. INVOCATION The invocation was given by Commissioner Rotthaus. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Phelps moved to approve the July 12, 2010 meeting City of Colleyville Page 1 Printed on 7/28/2010 Planning and Zoning Commission Minutes -Draft July 26, 2010 minutes with grammar corrections made on pages 4,6,7,8,11,12,14 and 17. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Davis, Rotthaus, Phelps, Byerly Absent: 1 -Knox 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:14 p.m. Kevin Smith, the applicant and business owner, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Smith regarding the number of employees. Mr. Smith replied there will be two employees present at all times. Commissioner Rotthaus questioned Mr. Smith regarding the wine tasting. Mr. Smith stated this request will not impact the wine tastings which occur every Saturday and consist of wine only. Commissioner Redfearn questioned Mr. Smith regarding if the same tasting rules would apply to the liquor. Kate Smith, co-owner of the business, stated the tastings will focus on the wines. She further stated TABC has strict rules regarding liquor tastings. There being no one wishing to speak, the public hearing was closed at 7:17 p.m. Commissioner Redfearn questioned staff regarding if the applicant's spreadsheet referenced in the applicant's response is attached to the briefing. Ron Ruthven replied yes and directed him to the location in the packet. Commissioner Dudziak questioned staff regarding the calculation of the sales tax estimate information. Ron Ruthven stated not knowing how the applicant calculated the sales tax and further explained how the sales City of Colleyville Page 2 Printed on 7/28/2010 Planning and Zoning Commission Minutes -Draft July 26, 2010 tax is distributed to the city. Commissioner Redfearn moved to approve case ZC10-013. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Davis, Rotthaus, Phelps, Byerly Absent: 1 -Knox 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding if the city has adopted the TABC requirements for signs. Ron Ruthven replied yes and they will be enforced with the city's sign code as well. Commissioner Dudziak questioned staff regarding if there are any distance requirements with regards to residences. Ron Ruthven replied no, just churches, schools and hospitals. Commissioner Byerly questioned staff regarding how the distance was measured. Ron Ruthven replied that he used the geographic information system at the city; the most extreme closest point was used. Commissioner Byerly opened the public hearing at 7:25 p.m. J. Patrick Volk, the applicant, came forward to present the case and brief the Commissioners. Commissioner Redfearn questioned Mr. Volk regarding if any of the concerns for the residents had been considered. Mr. Volk replied the signage will be low profile and he stated he is going to run a very responsible business. Commissioner Dudziak questioned Mr. Volk regarding what "boutique" means. Mr. Volk replied this will not be a typical liquor store. He stated the employees will have to be very customer oriented and very friendly. Commissioner Dudziak questioned Mr. Volk regarding if there will be multiple types of spirits. Mr. Volk replied yes and customers could custom order items and beer and wine will be available. Commissioner Byerly questioned Mr. Volk regarding if the entrances are solely on SH26. Mr. Volk replied yes. City of Colleyville Page 3 Printed on 7/28/2010 Planning and Zoning Commission Minutes -Draft July 26, 2010 Commissioner Davis questioned Mr. Volk regarding if the sign will be neon or flashing. Mr. Volk replied no, it will be black during the day and LED red at night. Commissioner Redfearn questioned Mr. Volk regarding what will differentiate his store from the mass of other liquor stores. Mr. Volk replied they will be very customer service friendly and will offer top shelf spirits and cater to the community. He stated they hope to have a very loyal customer service base. Commissioner Redfearn questioned Mr. Volk regarding if he has prepared any business plans or business impact studies. Mr. Volk replied yes. Commissioner Byerly questioned Mr. Volk regarding if he will carry everything a normal liquor store will have just maybe not the depth of selection. Mr. Volk concurred and stated he will have high end spirits and could do special orders as well. Darren Lee, 7005 Cole Court, spoke in opposition to this request with concerns for traffic, trash and parking in his backyard. There being no one wishing to speak, the public hearing was closed at 7:34 p.m. Commissioner Dudziak questioned Chief Dye regarding the concerns of Mr. Lee. Chief Dye replied as with any new business, there will be an increase in traffic and possibly an increase in speeding. He stated they will partner with TABC to ensure the businesses are in compliance with both. Commissioner Dudziak questioned Chief Dye regarding the parking behind those offices. Chief Dye stated they will patrol those areas just like they patrol the other businesses in the city. He stated the increase in DWIs occur more frequently with an on premise facility, such as in a restaurant. Commissioner Byerly questioned Chief Dye regarding the turning lanes on SH26. Chief Dye replied they will work with the state with regards to those turn lanes. He stated if motor vehicle accidents occur more frequently because of this business, they will contact the state as to what options are available. Commissioner Redfearn stated to Chief Dye that the exit for this location would be behind this building, then onto Longwood and then to the light on SH26. Chief Dye stated they are concerned, from a public safety City of Colleyville Page 4 Printed on 7/28/2010 Planning and Zoning Commission Minutes -Draft July 26, 2010 stand point, with the blending of homes and retail, and with putting traffic on residential streets in order to bypass an inconvenience with the traffic on SH26. He stated safety is the number one concern. Commissioner Rotthaus questioned Chief Dye if package stores impact the way the areas are patrolled. Chief Dye replied package stores, specifically, are another retail business, similar to a convenience store; therefore the officer will patrol that business more frequently than it would a dentist office. Discussion occurred between Commissioner Phelps and Ron Ruthven regarding the control of signs on SH26. Commissioner Phelps stated not being inclined to require a controlled turn sign for this property, however, he further stated that this location has not been active. Commissioner Byerly questioned staff regarding if a left turn only could be placed on Longwood to prevent traffic from turning into that neighborhood. City Attorney Kallas stated it would have to be placed off premise; therefore the Commission could not place it as a condition of this SUP. Commissioner Dudziak questioned staff regarding if a traffic impact analysis can be required as part of this SUP. Ron Ruthven replied yes. Commissioner Phelps stated he does not think he would require this to be a requirement of this business. He further stated that if this center becomes successful, a traffic impact analysis may become a requirement at that time. Commissioner Byerly stated that because the expansion of SH26 is unknown, a traffic impact analysis may be premature. He further stated this would be a burden on this potential business. David MacMahan, former developer of this property, came forward to explain, in detail, the development of this property. He stated that the reasons for the placement of the buildings was to create a buffer between the commercial and residential developments. Commissioner Dudziak moved to approve case ZC10-016. Commissioner Davis seconded. Commissioner Redfearn stated he could not vote for it. He stated this request is not much different than a convenience store and a convenience store is prohibited by the ordinance for this development. He stated the hours of operation do separate a liquor store and a City of Colleyville Page 5 Printed on 7/28/2010 Planning and Zoning Commission Minutes -Draft July 26, 2010 convenience store. He stated the Commission has not been considerate of the letters of opposition received by the businesses located on these properties. He further stated that the traffic, either in or out, is a concern for this property. Commissioner Phelps stated he has read through those oppositions and stated that these issues will come with any successful retail business in this location. He further stated that this building has been vacant since it was built and it is nice to see something moving forward to occupy the space. Commissioner Redfearn stated the ordinance allows for retail uses, not convenience store uses. Commissioner Byerly respectfully disagreed with Commissioner Redfearn and further stated that the traffic problems will be short term in nature when SH26 is expanded. Commissioner Phelps stated he has a reservation with the request since it will cause issues with a left turn going southbound on SH26. He stated he would favor having signage approved fora "no left turn" on SH26. He further stated not being sure if one could be approved through TxDot. Ron Ruthven stated that since SH26 is a State highway, there is no language that could be placed in the ordinance to condition a sign. He further stated that staff can meet with TxDot with regards to a possible sign. Commissioner Dudziak questioned staff regarding if the developer could place a sign on the property or if that is TxDot right-of-way. Ron Ruthven replied to put the sign on the developer's property, on the island, would not be beneficial to the traffic on the highway; it would not be visible and it is TxDot in right-of-way. Commissioner Redfearn stated at the time the ordinance was written in 2004, package stores were not permissible. He further added that he does not feel that City Council would have approved this ordinance where a package store is allowed but a convenience store, either with or without gasoline sales, is prohibited. The motion carried by the following vote: Aye: 4 -Dudziak, Davis, Phelps, Byerly Nay: 2 -Redfearn, Rotthaus Absent: 1 -Knox 9. ADJOURNMENT The meeting adjourned at 8:09 p.m. City of Colleyville Page 6 Printed on 7/28/2010 Planning and Zoning Commission Minutes -Draft July 26, 2010 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, July 16, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 7 Printed on 7/28/2010 City Hall f' `~~ ~-~~ City of Colleyville 100 Main Street a'~ ; :~ ~` Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 08/09/2010 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a minor plat for .75 acres on Tract 2E of Abstract 656 in the H. Hughes Survey located at 1512 McCain Lane, Case PC10-008 Attachments: Location and Zoning Map Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 08/09/2010 Planning and Zoning Commission Title Approval of a minor plat for .75 acres on Tract 2E of Abstract 656 in the H. Hughes Survey located at 1512 McCain Lane, Case PC10-008 Explanation Shane Jackson, property owner and applicant, has submitted a plat fora .75 acre tract of land located at 1512 McCain Lane. The applicant has submitted a request for approval of a minor plat that will consist of one residential lot. Zoning. The property is zoned AG-Agricultural and is recognized as a lot of record and is, therefore, exempt from the lot dimension requirements of the AG zoning district. The lot measures approximately 175 feet in length and 188 feet in width and contains approximately .75 acres. Existing Conditions. This property is currently vacant and undeveloped. Waiver Request. The AG zoning district requires a 40 foot front building line. The applicant is requesting a waiver to the Land Development Code regarding the front building line to be 25 feet instead of the required 40 feet. Parkland Dedication Fees. Per the requirements of the Land Development Code, parkland dedication fees are required for this property. City of Colleyville Page 1 Printed on 8/6/2010 Agenda Briefing Continued Perimeter Street Improvement Requirements. Per the requirements of the Land Development Code, perimeter street improvement fees are required for this property. Tree Preservation. Trees not located within the building footprint must be preserved during any construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of the building footprint. Summary. The owner's surveyor has addressed all Development Review Committee comments. 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The proposed package store will encompass 3,300 square feet of the existing building with the remaining 4,891 square feet to be utilized as a tailor shop, nail salon and Italian restaurant. Existing Zoning and Development Conditions. The property is zoned CC1-Village Retail and is platted. Package stores are allowed in the CC1-Shopping Center zoning district with the approval of an SUP. The property is developed as amulti-tenant retail building, which is comprised of 8,191 square feet. Staff Review and Analysis. Staff analysis of this request is written as if the proposed request is a new development on an undeveloped site. Therefore, any request by the applicant that does not meet current Land Development Code requirements is noted below along with recommended remediation. Site Plan, Landscaping and Parking. The site plan submitted by the applicant indicates no additions to the building and also shows proposed parking and landscaping. City of Colleyville Page 1 Printed on 8/6/2010 Agenda Briefing Continued Parking The Land Development Code requires one parking space per 200 square feet of gross floor area for general retail uses such as a nail salon, tailor shop and package stores. The Land Development code requires one parking space per 100 square feet of gross floor area for a restaurant use. Based on these requirements, the applicant is required to provide a minimum of 56 parking spaces. The site plan provided by the applicant indicates 60 parking spaces; therefore adequate parking is available for the proposed use. Site Lavout The applicant is proposing to update the existing windows, remove the double doors on the north side of the building and make minor interior changes. Landscaping Chapter 4-Landscaping and Buffering in the Land Development Code requires a minimum of one (1) three inch caliper tree to be planted for every 40 feet of frontage along collector and arterial roadways. The subject property contains approximately 199 feet of frontage along SH26. Therefore, (5) five trees are required to be planted along SH26. There are currently two (2) trees located along SH26 and three (3) trees located along West Greenbriar Lane. Additionally, a minimum of one (1) five gallon shrub is required to be planted for every five (5) feet of frontage along any roadway frontage. Therefore, forty (40) shrubs are required to be planted along SH26. There are 20 shrubs existing along SH26. The landscape plan does not meet the minimum landscaping requirements with regard to trees and shrubs. Although five trees exist on the front portion of the property, only four of those trees are located within the street yard, which is the portion of the property between the front line of the building and SH26 right-of-way. The other tree is located along Greenbriar Lane behind the SH26 street yard. Chapter 4-Landscaping and Buffering in the Land Development Code requires that all required tree planting occur within the street yard. Additionally, 20 shrubs are required to be planted within the street yard in addition to the 20 existing shrubs. Staff recommends that all landscaping meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. This condition has been added to the draft ordinance. Dumpster Locations The site plan shows one (1) dumpster located along the re current location of the dumpster for the existing businesses. Staff recommends that the dumpster be screened with a masonry fence as required by the Land Development Code. to the draft ordinance. Access and Traffic Generation. gar of the property, which is the The dumpster is not screened. minimum six (6) foot wood or This condition has been added Access The site contains three (3) driveway approaches. One (1) approach connects to SH26 while the other two (2) connect to West Greenbriar Road. City of Colleyville Page 2 Printed on 8/6/2010 Agenda Briefing Continued 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 3,300 square feet are expected to generate 320 trips per day, on average. Although not required, the Planning and Zoning Commission may, as a condition of approval of this item, require a traffic impact analysis. Hours of Operation. The Texas Alcoholic Beverage Code mandates that all package stores cannot sell, offer for sale, or deliver any liquor on: New Year's Day, Thanksgiving Day, or Christmas Day; on Sunday; or before 10 a.m. or after 9 p.m. on any other day. When Christmas Day or New Year's Day falls on a Sunday, the store must be closed the following Monday. Building Design. According to Chapter 6-Building Design in the Land Development Code, commercial buildings located in the CC1-Village Retail zoning district require a minimum design score of 30. The subject building, as it currently exists and is proposed, contains a design score of 19. Staff recommends that the building be required to meet the minimum design score of 30. signage. Per the attached exhibit, the applicant proposes to add a wall sign to the portion of the building facing SH26 as well as add to the existing monument sign. The monument sign meets all Land Development Code construction requirements. There are no changes proposed to all other existing signage on the building. 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 authorized by this Special Use Permit, all signage advertising the package store be removed in its entirety at the expense of the business and/or property owner within thirty days 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. City of Colleyville Page 3 Printed on 8/6/2010 Agenda Briefing Continued 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: 200 ft. Distance to closest school: 3,030 ft. Distance to closest church: 3,030 ft. Distance to closest day care: 60 feet All distances noted above comply with the minimum distance requirements of the Section Six-Alcoholic Beverage Regulations of the Code of Ordinances. Distance from other active package store requests: 4200 Glade Road 4.3 miles 4405 Colleyville Boulevard 0.76 miles 62 Main Street 1.6 miles 7171 Colleyville Boulevard 3.9 miles 7101 Colleyville Boulevard 3.8 miles 5232 Colleyville Boulevard 1.7 miles 1212 W. Murphy Road 3.0 miles 4701 Colleyville Boulevard 1.3 miles Surrounding Properties. The surrounding properties are primarily developed as retail uses. Properties to the west are located in the City of Hurst and are developed as retail. The property to the south along SH26 is zoned CC3-Highway Commercial and developed as Foreman's General Store. The properties to the north along SH26 are zoned CC3-Highway Commercial and are currently developed as a shopping center and a day care center. The property to the east is zoned PUDR-Planned Unit Development Residential and developed as a park. 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 24 property owners within 500 feet of the subject property regarding this request. Notice was also sent to the City of Hurst. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received eleven (11) letters of opposition regarding this request. Staff Analysis and Summary of Recommendations. Staff has written the draft ordinance such that it contains all recommendations specified in the briefing. The following is a summary of staff recommendations: City of Colleyville Page 4 Printed on 8/6/2010 Agenda Briefing Continued 1. The dumpster shall be screened with a minimum six (6) foot wood or masonry fence as required by the Land Development Code. 2. All landscaping meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. 3. The building shall meet a minimum design score of 30 prior to the issuance of the Certificate of Occupancy. 4. Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within thirty (30) days of abandonment. 5. All signs shall meet the following conditions: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in Land Development Code; (2) that there be 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. 6. All package stores shall be required to comply with the attached Crime Prevention Recommendations for Package Stores and Convenience Stores. The following is an analysis of the request, as submitted by the applicant, in terms of compliance with current Land Development Code and Code of Ordinance requirements as specified below: Complies with parking regulations? Yes Complies with landscaping regulations? No Complies with sign regulations? Yes Complies with minimum building design score? No Traffic Impact Analysis required? No Proposed Use is over 300 feet from church, school & hospital? Yes Recommendation The Planning and Zoning Commission has the following options regarding action on this item: 1. Recommend approval of the request as submitted (with listed conditions in the draft ordinance); 2. Recommend approval of the request with additional condition(s); 3. Tabling the agenda item to a specific date with clarification of intent and purpose; 4. Recommend denial of the request. City of Colleyville Page 5 Printed on 8/6/2010 Location and Zoning Map ao~s 1 a4e7 Clly' Of Hurst. Site 1no ,4, PUDC vifn ~z1a ~~.~ l2oe ~zez ~11a 114 ~ 11a `~ `t (~~V 't'~~`./ ~~ ~`,~r ~` 301 - II 211 2t~7 203 t18 115 111 3'~S PUD X73 6 ~'?~ 37~' \.~ ~ ~-ig '31'17 2tlb 24A 2flv7 19 3",7 ; 3713 ,.-.4 -3713 ?52 ~-~~ 3?C-B 374'8 3743 3708 370A 340 3708 3704 3?'?5 37~~ 3746 3i(}=f 3705 37174 3701 370(7 37D4 3700 37 Q9 3704 370 ~ ?,675 3tS3@ 3d1& 391k3 38'15 `s@1A3 361+3 3811 3512 ?dI1 3$12 11 3812 3572 3EDA 3508 _6G9 3509 3608 364`3 3308 3607 36(14 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Davidson, Charles W Etux Velma 63 N Dulcet Hollow Cir The Woodlands TX 77382 3900 Colleyville Blvd 99 Cents Onl Stores Tx Inc 4000 Union Pacific Ave Los Angeles CA 90023 3901 Colleyville Blvd Sa inaw, Rose PO Box 12091 Dallas TX 75225 3811 Colle ville Blvd 4 Hms Llc 300 W Greenbriar Ln Colleyville TX 76034 300 W Greenbriar Ln Oakmont Plaza Lp 3108 W 6Th St Ste 222 Fort Worth TX 76107 3809 Colleyville Blvd Madhani, Saleem & Samreena 206 W Greenbriar Ln Colleyville TX 76034 206 W Greenbriar Ln Parsons, Steve Jr Etux Erica 210 W Greenbriar Ln Colle ville TX 76034 210 W Greenbriar Ln Clarke, Walter Jr Etux Candi 214 W Greenbriar Ln Colleyville TX 76034 214 W Greenbriar Ln Foreman Enterprises, Llc PO Box 308 Colleyville TX 76034 3801 Colleyville Blvd Foreman Enterprises, Llc PO Box 308 Colleyville TX 76034 3801 Colleyville Blvd Primer, Charles Jr Etux Emil 207 W Greenbriar Ln Colle ville TX 76034 207 W Greenbriar Ln Gates, James D & Teresa W 3915 Country Club Dr W Irving TX 75038 211 W Greenbriar Ln Hardin, Lana Michelle 3726 Woodcrest Dr Colleyville TX 76034 3726 Woodcrest Dr Funchess, Rebecca Anne 3721 Woodcrest Dr Colleyville TX 76034 3721 Woodcrest Dr Kotlik, Stanislaw Etvir Hanna 3722 Woodcrest Dr Colle ville TX 76034 3722 Woodcrest Dr Mane, Sharad Etux Kavita 3717 Woodcrest Dr Colleyville TX 76034 3717 Woodcrest Dr Miller, Keri Rae 3718 Woodcrest Dr Colleyville TX 76034 3718 Woodcrest Dr Miners, Richard Etux Annette 3717 Brentwood Ct Colle ville TX 76034 3717 Brentwood Ct White, H man P Etux Carol A 3716 Brentwood Ct Colle ville TX 76034 3716 Brentwood Ct Montgomery, Alan Etux Karen 3712 Brentwood Ct Colleyville TX 76034 3712 Brentwood Ct Blaney, Thomas J Etux Sybil A 3713 Brentwood Ct Colleyville TX 76034 3713 Brentwood Ct Quisenberry, Elaine R 17547 W East Wind Ave Goodyear AZ 85338 3714 Woodcrest Dr Minotis, An elo Etux Kimberl 3708 Woodcrest Dr Colle ville TX 76034 3708 Woodcrest Dr Mayfield, David L Etux Jimmie 3709 Brentwood Ct Colleyville TX 76034 3709 Brentwood Ct Marshall, Fred 3708 Brentwood Ct Colleyville TX 76034 3708 Brentwood Ct Sudhir Sakaria, applicant 1000 Vitex Dr. Plano TX 75094 applicant City of Hurst, Plannin Dept. 1505 Precinct Line Rd. Hurst TX 76054 courtes notice Public hearing notices were mailed on Thursday, July 29, 2010 by Amy Shelley. Letters of Opposition From: Alex Cook Sent: Tuesday, August 03, 2010 9:22 PM 70: Amy Shelley Subject: Liquor Store at 3809 Co{leyville Boulevard, Suite b Amy, We are y__yr opposed to the idea of putting a liquor store near a neighborhood and city park at this address. Please count this as our request that this be denied.This is far too close to a residential area. The mixing of an alcohol store and kids playing in a park does not make sense. Liquor stores should be zoned to areas of Colleyville that are deemed larger business zones and have no residential zoning within 500 feet in order to maintain safety and the Colleyville property values. I have seen what liquor zoning has done first hand when it moves in next to a neighborhood when I lived in Richardson, and it is not positive. Sincerely, Residents at 3718 Woodcrest Drive, next to the park From: Primer, Emily W [IT] Sent: Wednesday, August 04, 2010 9:51 AM To: Amy Shelley Cc: Primer, Emily W [IT'] Subject: RE: Zoning Case Number: ZC10-018 Re: Special Use Permit for a Package Store, My husband and I, as homeowners at 207 W. Greenbriar Lane, Colleyville are in opposition to the proposed rezoning at 3809 Colleyville Blvd, Suite D from CC1-Village Retail to Special Use Permit for a Package Store. Thanks, Emily Primer 'l1Z`817-845-2615 cell rltis a-rnuil may contasn S~rlnt Next~l prol~riet~tsy information intended fir thN sale u;e of il~e recir~i~rst(s). Any use by others is ¢xohik~ifiPd. If yo~E ate 3aot the intendc~ti rcc!prr:ni, frtease contact the senclar and dedefe all P.4pie~ of the messe~e. From: Amy Moreno Sent: Wednesday, August 04, 2010 1:45 PM To: Amy Shelley Subject: Zoning Case Number: ZC10-018 Mrs. Shelley: I received a notice on my door regarding a public hearing for the above mentioned zoning case number for the requested zoning of a package store at 3809 Colleyville Blvd., Suite D. This is around the corner from my residence on Woodcrest Drive in the Woodbriar Estates subdivision. I am opposed to this particular zoning so near my street of residency and would like my name entered into such petition to oppose this particular application. Sincerely, Amy M. Moreno, SFR Keller Williams Realty-DFW-Southlake 850 E. State Hwy. 114, Suite 100 Southlake, Texas 76092 (817) 328-1171 office (817) 914-7940 cell 0 from: Lana Hardin Sent: Wednesday, August 04, 2010 4:27 PM To: Amy Shelley Subject: Zoning Case Number: ZC10-018 (opposed) Amy, I received the public notice and want to go on record as being opposed to allowing a Package (Liquor) store in our neighborhood per the zoning case number ZC 10-018 Thank you Lana Hardin 3726 Woodcrest Drive Colleyvilte, TX 76034 cell: 817.233.0327 From: Blessy Mathew Sent: Wednesday, August 04, 2010 4;36 PM 70: Amy Shelley Subject: Notice of Public Hearing complaint Dear Ms. Shelley, This is regarding Zoning case # ZC 10-018. I received a notice as an owner of real estate property within 500 feet of the proposed liquor store. I will try to make the hearing coming up, but I also wanted to have my complaint in writing. I am against for the zoning of this establishment, especially so close to a park and houses. I think it is irresponsible to have such an establishment create a possible threat near where children frequent. It would change the way of life of the residents who are within mere feet of this liquor store. There are many other places they can set up shop, and it shouldn't be near an ungated neighborhood or unfenced park. As a deeply concerned resident I thank you for your consideration! Sincerely, B. Mathew From: Anne Funchess Sent: Thursday, August OS, 2010 8:57 AM To: Amy Shelley Subject: zoning case ZC10-018 I am opposed to a package store at 3809 Colleyville Blvd. There is a small park that all the kids in the neighborhood play in, and a school located at 300 W Greenbriar Ln. The neighborhood has a lot of people that walk and children that ride their bikes. The extra traffic would be a danger to them. An establishment selling alcohol so close to a family oriented neighborhood would devalue the property and change the lifestyle that so enjoyed. Our neighborhood would never be the same. Again I am very opposed to the package store and will be at the council meeting to voice my opposition. Anne ~Funchess 3721 `Woodcrest ~Dr Colleyvil!e, 7e.~as 76034 817-498-1836 Rome 817-545-4370 office $17-545-4027 fax 817-308-6934 cell -----Original Message----- From: Sharad Mane Sent: Thursday, August 05, 2010 1:40 PM To: Amy Shelley Subject: ZONING CASE NUMBER ZC10-018 Ms. Amy Shelley, We live at 3717 woodcrest drive, colleyville, TX 76034. This is a very nice and peaceful neighbour. Very safe to raise children. By opening the new liquor store in this neighborhood will bring lots of crimes in this area. We are opposed to having a liquor store near park and our houses. We are strongly against having liquor store in this neighborhood. Thanks for listening. Sincerely, Sharad and kavita mane 817-503-9775 From: Jim Gates Sent: Thursday, August 05, 2010 8:25 PM To: Amy Shelley Subject: Opposed to Zoning Case Number ZC10-018 l am opposed to the rezoning of 3809 Colleyville Blvd, Suite D to a Special Use Permit for a Package Store. James D. Gates 211 W Greenbriar Ln Colleyville, TX 76034 817-577-8951 From: Gay Hardie Sent: Friday, August 06, 2010 6:46 AM To: Amy Shelley Subject: Zoning Case #ZC10-018 Hello Mrs. Shelley, I am writing to let you know that my husband and I are opposed to having a liquor store open at the end of our street. We live on Greenbriar Ln. We don't feel that it would be appropriate, considering there is a day care at the end of this street, a park behind the location being proposed and the fact that without a doubt, our street would become a major thorough fare for everyone in Bedford to get to the liquor store. We hope that careful consideration will be given to the locations of liquor stores allowed in Colleyville for these types of situations. Thank you. Gay and John Hardie From: Michael/Jean Roberts Sent: Friday, August 06, 2010 8:52 AM To: Amy Shelley Subject: ZONING CASE #ZC10-018 Dear Ms. Shelley, My husband and I reside in Woodbriax estates. We are definitely opposed to the proposal for a package store at 3809 Colleyville Blvd., Ste. D. There is a park right behind the site where the children of our community play, as well as a learning center for children directly across from it on Greenbriar. Although the proposed site is already zoned commercial, it directly abutts a residential area. The type business and clientele that the store will attract would have a negative impact on the surrounding residential area and property values. Due to the residential neighborhoods nearby, we believe that the area should be limited to family friendly businesses. Aliquor/package store is not appropriate for the area. Thank you. Jean & Michael Roberts 3717 San Bar Lane Colleyville, Texas 76034 817-485-8737 From: Terry Ellis Sent: Friday, August 06, 2010 1:38 PM To: Amy Shelley Subject: Zoning Case Number ZC10-018 Ms. Shelley, am letting you know that I oppose the liquor store near the park and our homes. This is not what Colleyville residents want. Thank you for your attention in this matter. Terry and Jane Ellis 3613 San Bar Lane BUSINESS PLAN 26 Beverage City 3809 Colleyville Blvd. Colleyville, TX 75159 SUBMITTEll BY: SUNNY SAKARIA JAY HIRAPARA RECEIVED MAY 2 ~ 2010 Per ............. EXECUTIVE SUMMARY 26 Beverage City will be a unique Beverage STORE selling products and services to meet the everyday needs of the local people of Colleyville, neighboring cities and the traveling tourists visiting Dallas through Highway Hwy 26 or 12l . It is ideally located and will be the first store anyone sees when entering Colleyville. 26 Beverage City will be setting a benchmark standard to any other current business by virtue of its architectural design, quality of service, variety of products and strict adherence to very strong customer service policies. 26 Beverage City will adhere to all City, State and Federal laws and codes of ethics. 26 Beverage City and its promoters have a track record of successfully developing and managing similar businesses in the Metropex. In short, 26 Beverage City is destined to become a successful venture and is bound to increase the revenue for the city, enhance the value of the city and will be a role model for other potential entrepreneurs. VISION TO CREATE A NEIGHBOURHOOD STORE OF EXCELLENCE WHICH WILL NOT ONLY CATER TO THE EVERYDAY NEEDS OF THE SHOPPERS IN THE COl~~IlVIt1NITY, BUT ALSO GENERATE EMPLOYMENT OPPORTUNITIES TO THE UNDERUTILIZED TALENT OF THE LOCAL POPULATION RESULTING IN GROWTH OF REVENUE FOR THE BUSINESS AND THE CITY OF COLLEYVILLE. MISSION TO PROVIDE PERPETUALLY HIGH QUALITY, COST EFFECTIVE PRODUCTS AND SERVICES AND SET BENCHMARK STANDARDS FOR OTHER BUSINESSESS TO FOLLOW. A BRIEF OVERVIEW OF 26 BEVERAGE CITY 26 Beverage City is a retail/ store located strategically at an entry point to Colleyville. 26 Beverage City will sell quality products and beverages to meet the everyday needs of the local people.. 26 Beverage City will be fair priced and maintain fair and ethical business standards. It will emphasize on its Customer Service Policy. In short, 26 Beverage City will - Quench the Neighborhood need for their everyday requirements of products and services. - Generate potential employment to 5 or more people living in the community. - Enhance the image of the City by creating an architectural landmark. - Will increase revenue to the city by converting an abandoned place to a commercially profitable business. - Will be a one-stop choice for the local residents, saving them time and money by not having to commute longer distances to buy the goods and services offered at 26 Beverage City. PROFILE OF THE OWNER Sunny Sakaria has over 15 years of experience in successfully developing and managing similar businesses. He has the knowledge and the capability to not just develop but to manage and run such businesses. He has proven and shown tangible results within short span of time by increasing the market value of any business. One of his most recent achievements is developing a 14,000 sq. ft shopping complex in Richardson City. He is running and managing a store in that complex. As a Property Development Management Consultant he has built, leased, sold and rented such stores to the right people at the right price. He gives high importance to every single aspect of the development process such as Permits, Code of Ethics, Labor Laws, Taxes, Security, Architectural beauty and etc. He maintains a clean. record of the books and there has never been a single complaint ofnon-payment ornon-compliance. In brief, he has succeeded from concept to commissioning in such commercial ventures. 26 Beverage City -ADVANTAGE The business is targeting gross revenue of over $ 100,000 up to $150,000 per. month, which will generate sales tax revenue of $8,000 up to $12,000. In addition,-increased property values will bring increased property taxes to the community. This is possible because of the following factors. *Location -Easy access. * Success of the Owner. *Lack of Competition. *Strong Customer base. CONCLUSION WITH THE SUPPORT OF THE CITY OF COI.LEYVILLE AND THE ECONOMIC DEVELOPMENT CORPORATION, ALONU WITH THE EXPERIENCE AND THE EN"THUSIASM OF THE OWNER, 26 Beverage City IS SURELY BOUND TO BE A WIN WIN COMBINATION. ,.~:. ~~, .,. 'Y r ,. ~, i _.~ ,~ ;~ N ~' 1 ~ ~ i'' ~. pY ` _ i ~ ry f: ~~ ~ ~ ~ r v r. ~ + 0 ~ ~ a ~ r { i> :F: ~.Y 8 ~ ~ ~ t - ~ J. ~ ~ C= ~ ~ ~ . ,., a... _ ..,.~.~....- _.. _ W w r - ~ t ~ ~ 7 s= r "~ ~ ~ ~ - t -. _ _ i ~ w ~ ~~ l~ ?~ .. '~. x ~ _ ~ ~ r` - > ` y -.,_ ,.,•-~~tGl4gJ1~l:°#..GGYL7~a4R`A°~' ~...-_•.-_ -~~...: ~kR@ASE~ll. ~7.,-[E=, -'=`~ -_' _ '~ ` _ ~ ~ ~. 1 -s F~$ 5 L: Sa 3 _W~. l~ l k +f ~, l l s- ~~ ~ !! ;~ cfl N s r-~ ~ _- ..... _ .. ~ ~ 1,..~ 0 Q N O t~ 0 ^ W Q m ^~ V 0~0 M .. H i '~ .a Q O a O .~+ V Floor Plan 8 ~' ~! m X N 1 Z c r O z A O z m r m D ~_ O z _ I I r - - ~ m pp ~- m m RB ~ ~ - - ~-r - ~- _~~- I N g~ ~_ _ ~ .__-= o~ A A ~ ° 0 N ~ _.__. T ~ ---r 0 E G ~ D r ___. _ .. _ ~ p 7C • _..I --- 0 Z - n N T " -- O ~ r ~' r n ~ 6 A ®m m O N ® i/~ X\ a ~ - I \\ 1 m~ I O ~ Z e - ~~ 'r E D o z o A N 'j~ N e O ~ ~ - A G Z A p D~ - - -- - -- - - -- 3 ~ x - 70 = O r ~ ~ ~ ~ ~ m 26 BEVERAGE CITY REVISIONS ' ~ ~ m ~ MR. SUDHIR SAKARIA Clay Company, Inc. " N xosca~EmuEeivo,ca~ErviuE, rx ~wx eR... ~vu .se. amc+e~ Sih Plan rn z 'D /U r A Z Ill .~\~ mm""z-p~ X XODD-m -p ; Ocn"~~Nr~ Om0 =0_NO N D~~pl~~ym OAO O ~ AD7c DcR m-~m ~mNm m ~ U.r=" ~ ~nD~EI n6~N~' ~ ~jz~~wDA D ~S ~trn 'YU[-zi~~ A ~44'`0`p-+~j'~'I11°1 m r m m ~ 7,~ 4+ ZrNNO(lo ~ f~11~N~m ,-Ti~O~0 N• ~=DD DAB O ~'07~1~~~0 Avgw~~io D A zDD= 1 p rD-m3 Oz0 m O.AO„my Q1 ~~yD< X R ma0"N~. ~ 7cm A ~ DNUDee D 0~ c3 O N „ Z~ D~• „ A= nD ~ ~p4~D Z~ZZw~ OZ 7C D -( (1 rail to n m 7A-C 7-c N NDNN~~ n ~~ .\V \ V V/, Nin -ter- - ~~ j~~, ~I ~ 7r1 mmp X rm I N ~' z A A -{ D i I Om 3~ AA m x N I I ~ I d ~N I o~ I ~ ~m - m I A =r ~ D I ~ NZ v O D ~\~.~ O ~ ~ ~1 ~. D 0 \mp m X O m ~ z n I m ~~ .~I rm i0 "A t D D ti~ ~~ ~~ ~N ~D r "O O U / O n^z ~l, m X : m N ~~ _Z Z L~ yy L~ O mmX mi" ~ ~ A Dm lDj m 7C z m //~///~ ~ ~ ~ m ~ ,T,N h3 0 „~D.~~ / ii ~~ ~ ~ ii ~// ~ m // // i // x_ N ~ AA D ~ A D ~ L I o c ~ I n I I A I r N Cm O L I A I T j I n a ~ ~ I -~ - w g D r' i I y A A G` m ~ ~ ~ " A Z ~ j I ~ A ~ /^ ~ ~ li' 3 I A 3 ~ -~ m I r ~1 m (1 I D r ® f I I DX_ eN ~~ I D I r r cnm i = ~D DX E~ m ~ y 8 ~ No r ~~ m I ~ m N(31 m ~ Zc D =m aD ~AI ~ D m 3 i ~ U' z ° z 3 I -~ A N C• C Z ~ N D ~ r- ~ m ~x a~ D O~ Z D r ~ ~ $ ~ ~ ~ ~ 26 BEVERAGE CITY ~ D ~ ~ ~ i~ MR. SUDHIR SAKARIA 3809 COL1EWILLE BLVD., COl1EWILLE, T%)9031 ?I4)T]A1B1 z 0 A REVISIONS Clay Company~lnc. ORDINANCE 0-10-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1, BLOCK 5R, OF THE WOODBRIAR ESTATES WEST ADDITION LOCATED AT 3809 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. ZC10-018; 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 1, Block 5R, of the Woodbriar Estates West Addition located at 3809 Colleyville Boulevard, as depicted on Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a package store as described in Exhibit "B" and depicted in Exhibit "C". b. The package store authorized by this Special Use Permit shall not exceed 3,300 square feet in size and shall be located completely within the existing building. c. Prior to the issuance of the Certificate of Occupancy, all dumpsters shall be screened with a minimum six foot wood or masonry fence as required by the Land Development Code. d. Prior to the issuance of the Certificate of Occupancy, landscaping shall be installed and maintained meeting the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. e. Prior to the issuance of the Certificate of Occupancy, the building design score shall meet the minimum requirements of Chapter 6- Building Design in the Land Development Code. f. All signs advertising the package store shall meet the following conditions: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (2) Section 108.52 of the Texas Alcoholic Beverage Code is hereby adopted by reference of which all requirements pertaining to Ordinance 0-10-XXXX Page 3 of 4 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 thirty days of abandonment. g. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "D". h. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the certificate of occupancy. i. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2010. The second reading and public hearing being conducted on the day of 2010. Ordinance 0-10-XXXX Page 4 of 4 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map -667 City cif durst 1v '~ Site 161 PUDC •..-~ X14 23Q X08. 202 119 114 7?C 7" ~~ 1~ ~~ ("~~1~ ~4V ~~ ~'~~ 16G 301 21t 207 203 11F 115 111 3728 PUQ .f ,e 8722 2'~. ~~ y 3itd 27?7 2pg 2~Yi . 113 3i , ~~,. ...~ _713 _ . _ o ~,,_ 3',3 370 3705 ,7_,Q a~~~z ~7]s 376e 2, 6e 376`. 3704 2305 37C~i 3705 3764 3704 . s?G1 37Q0 370t 3700 3701 37D0 37G ~ 381' 28i8 a~t~ rata aa15 aate 381@ yeti 3rstz 3011 3812 11 3812 3esa 3002 ?:86d a n 38+73 3C~6R 3808 Exhibit "B" -Statement of Planning Objectives ?~ )_3evcra~~ C'~ty~ ~{ill ~~ ~ ~lnitluc Be~rera S'1'UT~ selling h;~~riuets ~ ser~~ices to t'nGat tl~r everydrry nee~ts taftle. Ic~cal people o~C"olle~rville neihlx~rin,citlGS antl the tra~~~ln~ ti~trrists vision" Dallas t}trE~u~h High~~a}{ 1-ivv~ ~ fa or 1'?l. It is itleall~• located anti will bG the first :tt>re~u~yc~ne :~c~:s ~,ti•her3 enterirt Cafle~4ill~, ?C~ $~verae C''ittir v~,ill he setting a Even%hanark standard tc, ciny ether current business }~y ti=irt~+tr of its ~r~.hit~:cttrrr,i :ie.:~iLtt, €tualit~= tat ~~,Aio~, ~~ari~:t~~ +~f pr~atiu~ts anti. strict a~iherenc. tt~ ~ec~' strr}n~ c~rstomer service policies. ~~ 13c~~et•ae C`it} ~~ ill ta4il~ere to all City, Stag ancf 1`etlera( laws atld codes ofetlaics. ?~i F3rti c:r~r~e tv"its un~ its prr~asr~frtcr~ have a trtt€,k r~~c~rd of ``uc ~Ls~f u13}• t~it~w~elt-l~in~ attrl ri~ana~in~ sirrtila;' t~t;siiieses i>> tlrc \letr~l~ex. In s17~7r-t, 2~ 13~~ cr«~t; City i~ tlestini~ to ~i~c~n~c a str~c~sslul ~ ~nttire ~nt~ is ht~und t[~ incre~ise tl~e revenue ft~r the city-, tr~hance t1» r,~.rlt~e cif the t~ity and ~i11 be a r+~le model t'trr athcr pcrtcttti~tl entrepreneacrs. 76 B+~r~rragc City is << retail ° stc,r~ loratcd stratc~,ically rit an Lrrtry pcyirlt to C;olle;~rville. ?~ t3evera~e City will sel ctualt<< }~rc~duct~ aal~i l~ev~era~,es tc~ n~ee.t the e~~er, da~~ n.eds of tlatM local ~c~~ple.. ~~i 13c.~;•era~c City ~yi11 t titir l.~riclit dlld maintain fair arttl ethical business standards. It v~ill empha~ilc cn its; C`r.cstom~r ~~~rr~ic:e Pc~liey: In shc~ri, `~fi Bcv•,-ra~e City ~,v~ill t,~trench th~~ t~ei~hborl~t~od nett c+r t1~c:ir everyday requirements ~#'prrrtir-ets dnc:{ servc+~s. Genea-ate y?~?terati«t emplc.~yment iv 5 tarc~re pimple lip{ink in ttt uc~r~~rtttttrtit~~. - F.nltnce the irnae of the C`-ty b;r cr~tin~; an ari:hitectural landmark. - "dill increase revenue t~* the city by' ce~nve>'tins* an abanrir~netl place to a ctrmn~ereiall}' protital•+lc business. - 1~•"rll >i~~ ~i ryn~;-sti>~ c;lrc~ic~ ic~r tlr+~ leaeal r+~src nts, Being tlt~rra tir~x~ ant rr~c~~a~;r by n+~t ha~~in~ to commute 1~~nger distance; to rwitiv the ~;,c~rads and ser~,rices o~tereci r-tt `~~ E~e~.~ erage City. Exhibit "C" -Site Plan Pis ;+'A/'../4X7tl[`'4 :~~~~ !.'a; _., .~~. f4PPIG 4iIPf'J F L~lG Pa~'!~FF9 - ..F e~=~E>w'~4 RR71M PffS n£Y".LL Cxi4T!NY Mh'.1Y^.M-~'P'EXR ~V~`~3 GG3 - ~-IU11` GCt"th"E1~~IA_ ex~4Yw~cieare,Y+re~~-, i9N,tY F7l7PE/{iY LPE ~ ~ _ _ MR-- ,. 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Exhibit "D" CRIME PREVENTION RECOMMENDATIONS FOR CONVENIENCE STORES AND PACKAGE STORES Purpose The purpose of these recommendations are to protect the health, safety, and welfare of the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that may occur in a convenience store or package store in the City. To this end, these recommendations address best practices in crime prevention through environmental design including height markers, visibility into and around the business, alarm systems, physical security, drop safes, surveillance camera systems, and minimum staffing requirements. Definitions Unless otherwise expressly stated, the following terms shall, for the purposes of these recommendations, have the meanings indicated in this section: "Convenience Store" means an establishment designed, intended, adapted or used primarily to provide for consumer shopping of a brief duration, characterized by a limited product mix (generally emphasizing prepared and snack foods, beverages, tobacco products or gasoline/motor vehicle fuel), close-in parking, and limited retail space. "Drop Safe" means a cash management device in which money can be deposited without the depositor having access to the contents. "Employee" means any person listed on the payroll of a convenience store or package store as an employee, whether part-time, full-time, permanent, or temporary. The term does not include a person providing only janitorial or security services to the store. "Height 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. -,~~~ ~~ ~~ Cit of Colle ville City Hall ~~r;i;~~ y y 100 Main Street Colleyville, Texas 76034 ~+~°~- Agenda Briefing 817.503.1000 www.coileyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Planning and Zoning Commission Agenda Date: 08/09/2010 Agenda No.: 8b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change on 1.3 acres from ML-Light Manufacturing to PUDC-Planned Unit Development Commercial with a Special Use Permit for a Package Store on Lot 1 R2, Block 1 of the Tropicana Fuels Addition located at 7101 Colleyville Bo Attachments: Location and Zoning Map Notification List Letters of Oppositon Letter of Support Statement of Planning Objectives and Business Plan Site and Landscape Plan Building Elevations Floor Plan Sign Details Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 08/09/2010 Planning and Zoning Commission Title Approval of a request for a zoning change on 1.3 acres from ML-Light Manufacturing to PUDC-Planned Unit Development Commercial with a Special Use Permit for a Package Store on Lot 1 R2, Block 1 of the Tropicana Fuels Addition located at 7101 Colleyville Boulevard, Case ZC10-020 Explanation Randy Johnson has submitted a request for a zoning change from the ML-Light Manufacturing zoning district to the PUDC-Planned Unit Development Commercial zoning district and for a Special Use Permit (SUP) in order to operate a package store called "Bear Creek Spirits and Wine" at 7101 Colleyville Boulevard. The proposed package store will eventually encompass 8,518 square feet of the existing buildings. Existing Zoning and Development Conditions. The property is zoned ML-Light Manufacturing and is platted. Package stores are not allowed in the ML-Light Manufacturing zoning district therefore; the applicant is requesting to rezone the property to a PUDC-Planned Unit Development Commercial zoning district, including an SUP for the package store use. The property is currently developed as a car wash. Proposed Development. The applicant is proposing to use the existing 3,833 square feet of the main building for the sale of wine and spirits during phase I construction, scheduled to begin upon approval of the SUP. Phase II construction, tentatively scheduled for April, 2011, involves the conversion of the existing car wash tunnel into amulti-use building that City of Colleyville Page 1 Printed on 8/6/2010 Agenda Briefing Continued would be connected to the main building. The uses proposed for phase II construction include the following: - Customer education and training facility and two small offices: 1,260 square feet - Additional package store retail space: 1,620 square feet - Warehouse and distribution space for wholesale liquor sales: 1,020 square feet - Future restaurant/cafe with outdoor seating: 785 square feet The applicant states that the potential restaurant/food uses may include a catering element as well. As part of the phase I package store operation, the applicant is proposing to have a drive-through window on the north portion of the building that will be accessed by the existing driveway. Staff Review and Analysis. Staff analysis of this request is written as if the proposed request is a new development on an undeveloped site. Therefore, any request by the applicant that does not meet current Land Development Code requirements is noted below along with recommended remediation. Site Plan, Landscaping and Parking. The site plan submitted by the applicant indicates alterations to the existing car wash bay and also shows proposed parking and landscaping. Parking The following is the breakdown of required parking per the requirements of the Land Development Code based on the uses proposed by the applicant: Use Gross Floor Area Parking Standard Total Spaces Required Package Store 5,453 1 space per 200 square feet 27 Education and Training Facility 1,260 1 space per 200 square feet 6 Warehouse space 1,020 1 space per 1,000 square feet 1 Restaurant space 785 1 space per 100 square feet 8 TOTAL 8,518 42 The site plan provided by the applicant indicates 50 parking spaces; therefore the applicant has provided adequate parking. Landscapin_g and Bufferin_q The subject property currently complies with the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code and staff recommends that the site be required to remain in compliance with these provisions as a condition of approval of the rezoning request. Staff will ensure that any landscaping not installed as required by the Land Development Code be installed prior to the issuance of the Certificate of Occupancy. There is an existing eight (8) foot masonry screening fence along the common property line between the subject property and the residential properties to the east. City of Colleyville Page 2 Printed on 8/6/2010 Agenda Briefing Continued Open space. The Land Development Code requires a minimum of 20% open space for Planned Unit Developments. There is a total of 21 % open space proposed for this development. Dumpster Locations The site plan shows one (1) dumpster located in the front of the property behind the front building setback line. The dumpster is currently screened by a six (6) foot masonry wall. The dumpster meets the requirements of the Land Development Code. Access and Traffic Generation. Access The site contains two (2) driveway approaches along SH26. One approach is linked to the signalized intersection with John McCain Road, while the other is a right turn in and out only approach. As stated above the main building is proposed to have adrive-through window on the north side of the building. The existing driveway contains enough queuing space to hold ten cars without blocking the fire lane or parking lot. 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 8,518 square feet are expected to generate 826 trips per day, on average. It should be noted that, when factored for trip generations, the specific uses proposed for phase II of the development generate slightly fewer trips than the number calculated based on a convenience store with a gas station. Although not required, the Planning and Zoning Commission may, as a condition of approval of this item, require a traffic impact analysis. Hours of Operation. The Texas Alcoholic Beverage Code mandates that all package stores cannot sell, offer for sale, or deliver any liquor on: New Year's Day, Thanksgiving Day, or Christmas Day; on Sunday; or before 10 a.m. or after 9 p.m. on any other day. When Christmas Day or New Year's Day falls on a Sunday, the store must be closed the following Monday. Building Design. According to Chapter 6-Building Design in the Land Development Code, commercial buildings located in the ML-Light Industrial zoning district require a minimum design score of 30. There is no specific design score for buildings in PUD-Planned Unit Development Commercial zoning districts as these are determined per each specific PUD rezoning request. The subject building contains a design score of 34 and, therefore, meets the minimum design score of 30. City of Colleyville Page 3 Printed on 8/6/2010 Agenda Briefing Continued The applicant is proposing to install stone columns to enhance the current gas pump awning. The applicant is also proposing to remove the existing garage door at the entrance of the tunnel that faces SH26. The door will be replaced by a masonry wall. signage. Per the attached exhibit, the applicant proposes to add a wall sign to the portion of the building facing SH26 as well as add to the existing monument sign. The sign measures thirty (30) feet by six (6) feet and reads "Bear Creek Spirits and Wine". The proposed monument sign exceeds the maximum lenght for monument signs by 18 feet. The applicant proposes to include "Bear Creek Spirits and Wine" mounted on the exterior of the building next to the car wash bay. 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 authorized by this Special Use Permit, all signage advertising the package store be removed in its entirety at the expense of the business and/or property owner within thirty (30) days of abandonment. Additionally, staff recommends that the following words shall be restricted from being advertised on any package store signage: "Drive-through", "Drive-in" or Drive-Up". 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: 0 feet Distance to closest school: 2,373 feet Distance to closest church: 3,141 feet Distance to closest day care: 1,366 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 4 Printed on 8/6/2010 Agenda 8rieting Continued 4200 Glade Road 2.8 miles 4405 Colleyville Boulevard 2.9 miles 62 Main Street 2.1 miles 7171 Colleyville Boulevard 659 feet 5232 Colleyville Boulevard 1.9 miles 1212 W. Murphy Road 2.9 miles 4701 Colleyville Boulevard 2.5 miles Surrounding Properties. The surrounding properties are primarily developed as retail and residential uses. The property to the west is zoned CC2-Shopping Center and is undeveloped. The property to the south along SH26 is zoned CC1-Village Retail and PUDC-Planned Unit Development Commercial and is undeveloped. The property to the north along SH26 is zoned ML-Light Manufacturing and is currently developed as a dry cleaner. The property to the east is zoned PUDC-Planned Unit Development Commercial and is developed as residential uses. Master Plan. The Colleyville Master Plan designates this property for future retail uses. The principal use of the property as a package store complies with the plan with the approval of a Special Use Permit. Public Notification. Staff notified 37 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 two letters of opposition and one letter of support 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 primary use allowed by this PUD and SUP is a package store. Secondary uses are a restaurant and catering business not to exceed 1,000 square feet, a customer education and training facility not to exceed 1,500 square feet and warehouse and distribution space not to exceed 1,000 square feet. 2. This development shall contain a minimum of 21 % open space. 3. Prior to the issuance of the Certificate of Occupancy, the support columns for the front parking lot canopy shall be shrouded by natural stone and the existing car wash tunnel door shall be removed and replaced with a solid masonry wall. 4. Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within thirty (30) days of abandonment. 5. All signs shall meet the following conditions: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in Land Development Code; (2) that there be language in the draft ordinance adopting Section 108.52 of the Texas Alcoholic Beverage Code by reference; thereby enabling the City to City of Colleyville Page 5 Printed on 8/6/2010 Agenda Briefing Continued enforce the state sign provisions in addition to any enforcement by state inspectors further ensuring compliance. 6. The following words shall be restricted from being advertised on any package store signage: "Drive-through", "Drive-in" or Drive-Up". 7. All package stores shall be required to comply with the attached Crime Prevention Recommendations for Package Stores and Convenience Stores. The following is an analysis of the request, as submitted by the applicant, in terms of compliance with current Land Development Code and Code of Ordinance requirements as specified below: Complies with parking regulations? Yes Complies with landscaping regulations? Yes Complies with sign regulations? No Complies with minimum building design score? Yes Traffic Impact Analysis required? No Proposed Use is over 300 feet from church, school & hospital? Yes Recommendation The Planning and Zoning Commission has the following options regarding action on this item: 1. Recommend approval of the request as submitted (with listed conditions in the draft ordinance); 2. Recommend approval of the request with additional condition(s); 3. Tabling the agenda item to a specific date with clarification of intent and purpose; 4. Recommend denial of the request. City of Colleyville Page 6 Printed on 8/6/2010 ORDINANCE 0-10-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1R2, BLOCK 1, OF THE TROPICANA FUELS ADDITION LOCATED AT 7101 COLLEYVILLE BOULEVARD FROM THE ML-LIGHT MANUFACTURING ZONING DISTRICT TO A PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT AND 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. ZC10-020; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-10-XXXX Page 2 of 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the official zoning map by changing the zoning from the ML-Light Manufacturing zoning district to aPUDC-Planned Unit Development Commercial zoning district and authorizing a Special Use Permit for a package store on Lot 1R2, Block 1, of the Tropicana Fuels Addition located at 7101 Colleyville Boulevard, as depicted on Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for retail uses as specified below. b. A Special Use Permit is hereby granted for a package store as depicted on Exhibit "A" and described in Exhibit "B" and depicted on Exhibit "C". c. In addition to the package store use allowed by Special Use Permit, the following secondary uses shall be permitted as described below: Restaurant and catering: Wholesale warehousing and distribution of liquor: Customer education and training facility: 1,000 square foot maximum 1,000 square foot maximum 1,500 square foot maximum d. The package store and secondary uses authorized by this PUD and Special Use Permit shall not exceed a combined gross floor area of 8,518 square feet. Ordinance 0-10-XXXX Page 3 of 4 2. OPEN SPACE AND LANDSCAPING a. This development shall contain a minimum of 21 % of open space. b. All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. 3. SIGNAGE a. All signs advertising the package store shall meet the following conditions: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in the 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 thirty days of abandonment. b. The following words shall be restricted from being advertised on any package store signage: "Drive-through", "Drive-in" or Drive-Up". 4. GENERAL DEVELOPMENT REQUIREMENTS a. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "D". b. One (1) vehicular sales and service window shall be allowed on the north side of the building as depicted in Exhibit "C". c. Prior to the issuance of the Certificate of Occupancy, all support columns for the front parking lot canopy shall be shrouded by natural stone and the existing car wash tunnel door shall be removed and replaced with a solid masonry wall. d. 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. e. 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 Ordinance 0-10-XXXX Page 4 of 4 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 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map ` ~20~ 71u5 - 7zo~ ap ,z ~za~~ ~~ 7~~~ 72[x[7 7151 ~QO rf f1d~ s ~ site r ~ ~ ~o o~~ !~~ A i 4' ~ Q li 7 fl04 00~ p N ~ ~ ~ o N 717 ~ 't~ ~ ~ ~ r p ~ ~ ~!7 T- ~ ~ ~ O ' ~1 ~~d ~ ~ ~~.~ ~~ ~~ ? ~ ~_i91 2~ ~{,'~ 'T' L PLJ~i ~ 'SGT ~_ 230'1 tj%1 nOt.~ ~60~0 h~tC~7 Exhibit "B" -Statement of Planning Objectives il+etrtilt~d 4t.rtt~mtY>Itt c-i` i'laniiinr* tr)hiet•ti~ e~ =t~td 1usinc>s I)cscrir~ti~tn The property and elisttt« L~ttittEit~~ loettte~ at 71U1. H~~~~• ?~~t,lt;+hn h1c:C'aitt in ~"c~lley~=ilt will becort~e ~ firm 4x ine and sl.~irts store by (3ctt,1ter• i~, ~tlltl pe,rtdin`~ .tltplictttion and permit approvals. Bear C'reelti Spirits ~: Wide +.vll ~,etz. ice consurtter's frc>m tl~ West side ~,f ~~lieyvile and.. lsult from Grapevine ar;d Sotrehlal~e rt ~idents. Tare business «~ill ~~ener7te an estimated ~ t,Ot)Q txr st~aare Foot. in sales ~~=it1°r .~:I~,5t30 itt sztlt s t.ttes <rnd Y~5,~5?' in Ad Val~,retu taxes dttrittry the first t-~=elve +~ntlis. Tl interst~ctic~n ~~tel ides far° ertsy access in anal outoFte prrilxrty with a turn si~nai frortrte Southt~est. The hours oFtapertian as rnxndated try the state will be l{~ar7t to ~3prn Ivtod.~y tlyrou~*h Satttrdav. Tire- stt,re viii employ as rxtany as eight people. Them are t~=o separate buii~.in~s t?rr the propertw• rrF u~rhisalt tote is a war wash bay. Tyre are nck i,lttns to operate tl~, car wash. phase one oFthe build out plrtn to bl ~:Ett~pleted in Oct~,~t° ~Olt~ ~~=iii iae to convert the ehistitt~ ~,8i1Ck scluarc feet taf the ntaitt t}uiIGiitt~, itrt~ a ret<,il ~~rit7e ttnrl spirits story E~y add:in~ a cash. register ~:outtter, shel~•in~ units and a bez,r cooler. 'fhe beer cooler will lie 1<ittilt ur3 the bask exte riar ~.~`~11 tts art extension of the butldin. Exterior intprovert~er~es will inetttde <'rddin4,; stone t+-t flee a4~°ttiri~ t~aitlars te., irttk,r~r~ e the cttrh :~ppetil ttt~td rert,cs~~e [he existitt~~=all Arad ~~acuutn tilttitttt~et~t fcrr~~dilitie~rt<tk ptrt~in`~. The existiny~ a~~rrtin~ ~~ritl used .For lighted co~~ered p<trkin~~ anal ~~=ill tie etluiphed ,c ith sei'urit4' cameras that adhere tea the C"I?T`ED site. deli<*n_ Tltett~ ~~~ill fie ittteri~~r and ekteri~,r see°ttritw' s~:ttneras tltrottthaut. Att~litional c+~=n rete ti~=il1 t~ t~~t-ret! itt the r~~,tr oi~ the t~~ain bt-ilc~itt~ t>L, prt,~idt a ~t)~e tarn radius t~~ ser~'ic~~ the ekistin~~ dtiti'e thrt?u`zlt_ Tt r°ear lasa draor~.vii he ref?1.1ced ~~ ith a steal ilc>ur fc~r security'. Phase Ct~`o i~~i the. build out plan scltt'ttl+ett to tgira April ?C11 1 «ill include liquitkatit~~ fete crtr,~~ash equipnx nt attd connectitlb the tcr7o buildings to prop icte additional retail sl,ace and a storage warehouse. The. ctfrt~~et°te~l ear wash bav teill add appruxisnatclt'_',htit~ fet~t t,t retatil space. This stctr°e «Piil contribute to the ecanorttic ~ro~} th of ehe ~it~ as C~~lleyv lle 4~ ill t~ came a destination. fctr consuttters to shop Far Iiquctr which will lead to art overatl incrertse irZ shopping? and tax revenue thr+a~hotrt ~olleyville. Exhibit "B" -Statement of Planning Objectives continued ~3~ar'Crrrek 4pirit.~: ~: Wine will strivt tct set ir~s+It'a~rart tt'c~m the ordinary package stt~re. `I'he trpscalc environment will include: a temperature: ttantrr~l}ed ~.~ine cellar, a tasting acid educi~tit>n bar tsnd a ~;it~ basttet acid Spe4ialty Ertrzvarc f;ilt ctntt;r. Ire addition, there will be 3 btlUsfsclf ser~~ice ~~°alk-in Meer antt e~,~ine ccx>lcr, ~t'he store ~r°ill alsa htrti'c ~ ie~rr~~e:nicnt drive through service. ~ti~indoLa. "1`l~c start'. will be equipped wiih a htritt in tltrt screen I V that will Ek ustd ti>r tdutatianal ptrrpcases behind tht tasting har. (rr addition, a touch screen "1~0# ~~'ill be displayed to help v~~'ith recipes grid party planning. Che wine crave ~4itl have built in ~v<>crd wine r<ubcs tc> enhartet- tht- upticzrlc cnvirvnn~ent~ err pht~ e t~n=e~, the crrr wash tc{uiprncnt ~~~ill bt rer~~rr~~ed acrd the two buildings ~~~ill be taru~ceted. ~1°tre. Brant sectit>rr cif the tar r,vash ha}~ {appttsxint~ttc:l~ dZk30} wili >ae bunt out as ttn educatitrn and training fa4ilit~= as well as two small at~ices. This spate Witt be used l~yr trine makers, r~aastcr distillers anti ambassador +edatati~~rr classes i'or our custtrnrtr-s. l=uturt; plants include. a t;aft t`txxt t«nccl~t ttrat tcrrxtplirnents the spirit and wine store while af~~ring party platters and caterirt~. This ~~c~t,ld rcplacc the cffitc and ~educatian center. An atrtdrrear ptttia ii; aiso part crthe cafe design. `I°he middle settc~n ~appmxintatt ly 5~3x~t3} crt'thc r:ar w~~tslr ~~ ~;itt bE ccrr7G~crtati ir7tt, udditic>nrl retail spate far fire pttckt7gt. stare white the back t~f the hay lapprtjxirntrttl~ ~4~3Q} ~~~ill b utili7cd tier w~arehaust~ sp~rct. artd C lass whcrlesate opc rations tcy strv~ict; iht local restaurant and bar industry. ~'~rc e:vtcrior improti~~cmcrtis Lti~ill include stone col~ut~ns to crrlianct the current gas ptrn~p a~~~ninp_ ~~hc~ gara~,c drx~~r and st<ara~e rtrcxn-r dcuar in tht: Icuril cff the tar wish bay will be remr~4~ed ~utd t~rickcd in. ~ new enta'~~ dt~uhlt: dpr>r ~+~ill Err. added tc~ the side of the tttr wash hay repl,rcirtg one secticsn ~rf ~tiriadc,~ts. r'~ new upscale awning? ~v°ill be added tr~~er the ntw entr~~ c3~~ors cif the cafe. ~ 3' st~~rd~ wall ~r~~ill tie built around tltc efutdcxrr lratia l~cttveen the tw~cr buildings. t'atcrltirl !n{~ tirncepts include 11ar7ty til~rred 1 lartry and Catering, a narnt brand trasrchrse cafe ar Bear Creek Cati/ & (.'~iterinf. C)ther serviGCS will incltsdt party ptarrn'rn~;, party ptatta;r t;atcriul;, ctrstar'a bottle: labeling, errgra~~in~, Fitt 1?~rskcts, gl~~ssware sales, unique hanvare, part.}~ supplies, c~~ndimcrrti, select fruits <znd home delivery in Tarrant County 4vith minimum pttrchase. "hi;e interrret situ t~~w~~~.bearc:reek~pirit~~, brit t~~a~~~ will trf#~r rt.cit~cs,~ party ideas, serving sure calculator, gift basket cont3gurution:;, category educrttit~n, tasting schcdtttes, fipcci~al events, spt~nsarsltips, ctatnntunity invnlvernc.nt, responsibility metisttlt;s a.5 Svc}1 as online orders fir pick a;.~ ;end dclrvt,rv. Exhibit "C" -Landscape and Site Plan -~ ,'-- -- ffo~. ~ ~ ~~ ~~ ~~• ~~~„ ~ i ~ ~I ~ . rf `.. ~ ~ ~- ~-~- st' >' ! R e.`` E ti Y ~`v.. tL ~.t' 1 •` t ~, \ !`~~r , r,~ ~ ~ ~, ~ '~ f d" ~ ~ `~ -~ ~ i "~ ~ {~~ Y `t ~d"~`1 , \_ lip. r~ t. ~~ff l ~/ ~ My y y kY to 1 ~ 4.1~ f .--` 1 4 flf j u- A ~ I -. ~ -. ~ 'V ~ , ` r~' ~ i, S '. ~ ~~`t ~ ~i ~ ~ i~_ 1, ``~, f f ~ ~t ~j \ ~ ~sl tj `vy +' `+ '.. ~f ... j ti r'"'~.. ~,~ r ~ '' t '( ,~~ .,.~ _ rte, ~ ~,,, ~ 11 •,~ 4 ~' ~~ ~' ~` +t yp~ { 9 Exhibit "D" CRIME PREVENTION RECOMMENDATIONS FOR CONVENIENCE STORES AND PACKAGE STORES Purpose The purpose of these recommendations are to protect the health, safety, and welfare of the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that may occur in a convenience store or package store in the City. To this end, these recommendations address best practices in crime prevention through environmental design including height markers, visibility into and around the business, alarm systems, physical security, drop safes, surveillance camera systems, and minimum staffing requirements. Definitions Unless otherwise expressly stated, the following terms shall, for the purposes of these recommendations, have the meanings indicated in this section: "Convenience Store" means an establishment designed, intended, adapted or used primarily to provide for consumer shopping of a brief duration, characterized by a limited product mix (generally emphasizing prepared and snack foods, beverages, tobacco products or gasoline/motor vehicle fuel), close-in parking, and limited retail space. "Drop Safe" means a cash management device in which money can be deposited without the depositor having access to the contents. "Employee" means any person listed on the payroll of a convenience store or package store as an employee, whether part-time, full-time, permanent, or temporary. The term does not include a person providing only janitorial or security services to the store. "Height 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. "Manage" 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. Location and Zoning Map 72Ut3 7206 22'7 207 72{?4 201 7 7203 72tt0 7171 7200 7151 ao `~~ 7141 ~~ ~ r Site ~ ~ 70 ~t~~ 70 70p4 00~ N `~ ~ N r O O N N ~ 70 31 r `~' 0 ~ N ~ ~ N 'O c*~ N `'~ ~p ~ N N N c5 N N tv - PUDC c°v c~ ~ 231 23 23 ' 23 234 i 2 23 69'1 AG 309 231 PUD G 30 307 7pp~ 70Q9 13916 303 230'1 69 ~t09 691 6910 6915 6 6907 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Western Timarron Lp 3030 L B J Fwy Ste 1500 Dallas TX 75234 2200 John McCain Rd Riley, Shelly W Etux Vina J 2217 Collins Path Colleyville TX 76034 2217 Collins Path Demers, Ronald Etux Margaret 7201 Braemar Ter Colleyville TX 76034 7201 Braemar Terr McAule , William J Etux F 7204 Braemar Ter Colle ville TX 76034 7204 Braemar Terr Kim, Sang Taek 7203 Stilton Ct Colleyville TX 76034 7203 Stilton Ct Orler, John J Etux Allison 7200 Braemar Ter Colleyville TX 76034 7200 Braemar Terr Timarron Owners Assn Inc 700 Wentwood Dr Southlake TX 76092 7200 Stilton Ct Lon wood Plaza Partners 1901 N Akard St Dallas TX 75201 7141 Colleyville Blvd Unique Landscaping Design 7111 Colleyville Blvd Colleyville TX 76034 7111 Colleyville Blvd Rtan-Rtan Enterprises Inc 4424 Young Dr Carrollton TX 75010 7109 Colleyville Blvd # B Hasting Cove Ltd PO Box 5287 Culver City CA 90231 7100 Colleyville Blvd Unique Landscapin Desi n & 7111 Colle ville Blvd Colle ville TX 76034 7111 Colle ville Blvd Pecan Creek Villa a Cntr Prtn 5613 Dtc Pkw Ste 800 Greenwood Village CO 80111 7000 Colleyville Blvd Wozniak, Craig C Etux Pamela A 7004 Coleman Ct Colleyville TX 76034 7004 Coleman Ct Specially Pampered Automobiles 617 E Texas St Grapevine TX 76051 7101 Colleyville Blvd McMahon, Patrick Etux Geraldin 2212 Danielle Dr Colle ville TX 76034 2212 Danielle Dr Jarwan, Esam Etux Sall 2208 Danielle Dr Colle ville TX 76034 2208 Danielle Dr Kuhn, Alyce 2204 Danielle Dr Colleyville TX 76034 2204 Danielle Dr Barrin ton, Dustin & V Johnson 2200 Danielle Dr Colleyville TX 76034 2200 Danielle Dr Tabone, Geor a Etux Am 7000 Coleman Ct Colle ville TX 76034 7000 Coleman Ct Gardens Comm Partners Ltd PO Box 69 Colle ville TX 76034 7015 Colle ville Blvd Rooney, Joseph Etux Barbara 2221 Danielle Dr Colleyville TX 76034 2221 Danielle Dr Copeland, Larry Brent 2217 Danielle Dr Colleyville TX 76034 2217 Danielle Dr Smith, John A Etux Joanne Lee 2213 Danielle Dr Colleyville TX 76034 2213 Danielle Dr Hamraee, Farzin Etux Afsaneh 2209 Danielle Dr Colle ville TX 76034 2209 Danielle Dr Bates, Stephen L Etux Jana 2205 Danielle Dr Colleyville TX 76034 2205 Danielle Dr Devonshire, Patricia L 2201 Danielle Dr Colleyville TX 76034 2201 Danielle Dr Pontes, David N Etux Cath J 2306 Still Point Ln Colleyville TX 76034 2306 Still Point Ln Phelps, Rodne V Etux Kimberli 2304 Still Point Ln Colleyville TX 76034 2304 Still Point Ln Brown, Diana Marie 2302 Still Point Ln Colleyville TX 76034 2302 Still Point Ln Elborai, Adel M Etux Nadia M 2300 Still Point Ln Colleyville TX 76034 2300 Still Point Ln Ramse , William A Etux Deena A 6918 Meade Dr Colleyville TX 76034 6918 Meade Dr Dietrich, Charlotte W 7001 Colle ville Blvd Colleyville TX 76034 7001 Colle ville Blvd West, Cheryl Ann & Diane Myers 7009 Colleyville Blvd Colleyville TX 76034 7009 Colleyville Blvd Olarte, Guillermo Etux Ligia 6916 Meade Dr Colleyville TX 76034 6916 Meade Dr Bowman, Kirk A Etux Nanc B 2301 Still Point Ln Colle ville TX 76034 2301 Still Point Ln Lowack, Tomm Etux Mind 6914 Meade Dr Colle ville TX 76034 6914 Meade Dr Randy Johnson, applicant 7401 Braemar Terr. Colleyville TX 76034 applicant Public hearing notices were mailed on Thursday, July 29, 2010 by Amy Shelley. Letters of Opposition From: Tim Waterworth __ Sent: Friday, July 30, 2010 10:30 AM To: Ron Ruthven Subject: Liquor Store Applications & Zoning Ron, Thank you for the time you spent on the phone this week. I appreciate your accessibility and the information you shared. noticed that a yellow zoning change sign has been posted in front of the Longwood Site at 7171 Colleyville Blvd. In addition, I understand that was formerly the Car Spa at 7101 Highway 26 has made application to open a liquor store at that site as well. As you suggested, I'm e-mailing you so this correspondence may become part of the public record for these liquor stores application. I personally disayprove, as a citizen, of liquor stores being approved at these sites. I believe these sites are too close to private residential neighborhoods, parks and schools. I believe allowing liquor stores at these locations will decrease property values. In addition, the section of Highway 26 in question is an important gateway to our community. First impressions are important and liquor stores at these locations would forever and significantly detract from our community's Image as a family oriented place to live. If these sites are approved, a visitor's first impression upon entering city limits will be a liquor store. I appreciate your consideration. Sincerely, Tim Waterworth P.S. I read with great interest your interview in the July 28 Colleyville Courier regarding your efforts to close loopholes in city ordinances that prevent adult businesses from opening in our community. I applaud your initiative and efforts. I was very impressed with your command of the variety of adult business to guard against. Tirtl Waterworth, CFP Strategic Wealth Management, LLC Bedford Office z8i6 Bedford Road Bedford, TX ~6o2i 817 391 1090 Phone 817 271 0654 Cell 817 391 1091 Fax www strateuicwealth mstmt. co m Securities and Investment Advisory Services offered through registered representatives of NFP Securities, Inc. ABroker/Dealer, Member FINRA/SIPC and Federally Registered Investment Advisor. NFP Securities, Inc, is not nffiliated with Strategic Wealth Management, LLC, Strategic Wenlth Management, LLC is not a Registered Investment Advisor. Confidentiality Notice: This a-mail communication end any ettachments may contain confidential and privileged information for the use of the designated recipients named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it, any contents or attachments is prohibited. If you have received this communication in error, please notify me immediately by replying to this message and deleting it from your computer. Thank you. From: Mike Waters Sent: Monday, August 02, 2010 3:43 PM To: Ron Ruthven Subject: Proposed Zoning Changes Mr. Ruthven: It is my understanding that the current owner of the property located at 7101 Highway 26, Colleyville, TX (formerly the SPA car wash) has made application to open a liquor store at that location. I also understand that there is a similar application related to 7171 Highway 26, Colleyville, TX. I'm e-mailing you so that this correspondence may become part of the public record for both of these zoning change applications. As a proud resident of Colleyville, please know that I am opposed to the proposed zoning changes for each of these sites. I believe these sites are far too close to residential neighborhoods, public parks, to say nothing of the fact that both locations are within walking distance of at least 2-3 local school campuses. I believe allowing liquor stores (and the ancillary activity they frequently attract) at these locations will have an adverse impact on the property values in the surrounding areas. In addition, the section of Highway 26 in question is an important gateway to our community. First impressions are important, altd liquor stores at these locations would significantly detract from our community's image as afamily-oriented place to live and/or work. I appreciate your consideration with respect to the above matters. Best Regards, ~1•,~-~~..~~, ~~ D1SvfUK~, sc>trr-r~t.nxr; c~r~t~cr: I ~~ ` ~ ~ ~ F•St~ Ts. C:azr«ll A~•cni~c. etc, 1C`t:~ ~ ^}^ ~y ~ [~ W 4%~) ~ ~isY~11~C. •r:~ ~l~? ' " ' i t4~3-L~~~~? 1~3t~-~°$~-~X1~'f'.AXSi~- i..'~ts ~.!.nrt.nt ~s~v _,,~ ~R,LItV~Tt7~! C7I'f7Ci:; 2~ E. f.am~r Rle d.. Stc. 5(1~ Arlin~nn, Pf 7E~,1?6 •Ila~rt3 Carti~~.~-L,.:nm~.ruidl R<m] r`a.,t4 +`'] f•?i"t-"i`t"?77 * ~:•1X 517.?n~-i_r, Lmv ~Y1 Rr~cksu:.+l Tti..il liai:ri~~ L::,~ fkllii~l~l) Nl i ~Zo1,3j~` Tacs~ I3c~ni nC G .:~1 ~3puciatiz~iic+n ~~ ~ Zvi F4 ~ ~rtlt~iiC ATTORNI/Y-CLIh:~fT PRI~'ILEGC: The information contail~ed in this cclmmunication is confidentia ,may be subject to the attorney-client privilege, and is exempt from disclosure, It is intended for use only by ttte addressee. It is the property of Dismuke, Waters & Sweet, P.C. Unauthorized use. disclosure or copying of this interact message or any part thereof is strictly prohibited and may be unlawful. if you have received this in error. please notifi- us immediately by return e-mail, do not forward or use the email, and desti-oy this conuuunication and all copies thereof, including all attachments. Thank you in advance for your cooperation. U.a. TR.F,ASCiRY DFPARTMEN'1' NOTICEICTRCULAIt Z30 llI5CL:4.Il~lt~l2: Pursuant to regulations governing the practice of attorneys, certified public accountants, enrolled agen(s, enrolled actuaries and appraisers before the Internal Revenue Service. unless otherwise expressly srt~tcd. any federal or state tax advice in this commwtication (including any attaehtnents) is not intended or written to be used. and. cannot be used, by a taxpayer fol~ the purpose of (i) avoiding penalties that may be imposed under federal or state tax law or (ii) promoting, marketing or recommending to another party arty transaction or tax-related matters} ac{dressed hereirl. Letter of Support From: wallstwins Sent: Friday, July 30, 2010 11:49 AM To: Ron Ruthven Subject: pro hwy 26 liquor store locations Ron, Asa 9 yr. Colleyville resident with a family including young children, I wanted to weigh in on the proposed hwy 26 liquor store locations - 7171 and 7101 addresses. As long as current city guidelines/zoning guidelines are followed -these would be great locations! The idea that residential property values would be adversely impacted as well as the "image" of Colleyville are "straw man" arguments that have little validity. If anything has negatively impacted property values adjoining hwy 26, it is the "tired" facades of some of the older businesses. I'm not worried about new businesses that happen to sell liquor. The citizens of Colleyville passed the ability to have liquor stores. Let's not play the "not in my neighborhood" game. This is my neighborhood and I think the location and convenience would be great! Charles C. Anderson 2414 Wilkes Drive Colleyville, TX 76034 BEAR CREEK SPIRITS & WINE Detailed Statement of Planning Objectives and Business Description The property and existing building located at 7101 Hwy 26 at John McCain in Colleyville will become a fine wine and spirits store by October 15, 2010 pending application and permit approvals. Bear Creek Spirits & Wine will service consumers from the West side of Colleyville and pull from Grapevine and Southlake residents. The business will generate an estimated $1,000 per square foot in sales with $313,500 in sales taxes and $5,552 in Ad Valorem taxes during the first twelve months. The intersection provides for easy access in and out of the property with a turn signal from the Southwest. The hours of operation as mandated by the state will be loam to 9pm Monday through Saturday. The store will employ as many as eight people. There are two separate buildings on the property of which one is a car wash bay. There are no plans to operate the car wash. Phase one of the build out plan to be completed in October 2010 will be to convert the existing 3,800 square feet of the main building into a retail wine and spirits store by adding a cash register counter, shelving units and a beer cooler. The beer cooler will be built on the back exterior wall as an extension of the building. Exterior improvements will include adding stone to the awning pillars to improve the curb appeal and remove the existing wall and vacuum equipment for additional parking. The existing awning will be used for lighted covered parking and will be equipped with security cameras that adhere to the OPTED site design. There will be interior and exterior security cameras throughout. Additional concrete will be poured in the rear of the main building to provide a 50% turn radius to service the existing drive through. The rear glass door will be replaced with a steal door for security. Phase two of the build out plan scheduled to begin Apri12011 will include liquidating the car wash equipment and connecting the two buildings to provide additional retail space and a storage warehouse. The converted car wash bay will add approximately 2,850 feet of retail space. This store will contribute to the economic growth of the city as Colleyville will become a destination for consumers to shop for liquor which will lead to an overall increase in shopping and tax revenue throughout Colleyville. .~ ~ -_ r E ~.rrs & Wn>E Bear Creek Spirits & Wine will strive to set itself apart from the ordinary package store. The upscale environment will include a temperature controlled wine cellar, a tasting and education bar and a gift basket and specialty barware gift center. In addition, there will be a 600sf self service walk-in beer and wine cooler. The store will also have a convenient drive through service window. The store will be equipped with a built in flat screen TV that will be used for educational purposes behind the tasting bar. In addition, a touch screen TV will be displayed to help with recipes and party planning. The wine cove will have built in wood wine cubes to enhance the upscale environment. In phase two, the car wash equipment will be removed and the two buildings will be connected. The front section of the car wash bay (approximately 42x30) will be built out as an education and training facility as well as two small offices. This space will be used for wine makers, master distillers and ambassador education classes for our customers. Future plans include a cafe food concept that compliments the spirit and wine store while offering party platters and catering. This would replace the office and education center. An outdoor patio is also part of the cafe design. The middle section (approximately 54x30) of the car wash bay will be converted into additional retail space for the package store while the back of the bay (approximately 34x30) will be utilized for warehouse space and Class B wholesale operations to service the local restaurant and bar industry. The exterior improvements will include stone columns to enhance the current gas pump awning. The garage door and storage room door in the front of the car wash bay will be removed and bricked in. Anew entry double door will be added to the side of the car wash bay replacing one section of windows. Anew upscale awning will be added over the new entry doors of the cafe. A 3' stone wall will be built around the outdoor patio between the two buildings. Potential food concepts include Honey Glazed Hams and Catering, a name brand franchise cafe or Bear Creek Cafe & Catering. Other services will include party planning, party platter catering, custom bottle labeling, engraving, gift baskets, glassware sales, unique barware, party supplies, condiments, select fruits and home delivery in Tarrant County with minimum purchase. The Internet site ww~v.hearcreespirits~~ri~~e.cc-~~r~ will offer recipes, party ideas, serving size calculator, gift basket configurations, category education, tasting schedules, special events, sponsorships, community involvement, responsibility messages as well as online orders for pick up and delivery. I~~CEItlEl3 JUG. ~ 3 ?1~1t PBP ............. Features and Services: • Temperature controlled fine wine cellar • Tasting and education center • Tasting bar equipped with education video monitor • Custom built wood wine racks • Custom gift baskets • Unique barware and glassware • Touch screen recipe and party planner • Education training room for seminars • Cafe and Patio • Party platter catering • Party planning • Class B wholesale operation for restaurants & bars • Custom bottle labels for gifts • Engraving • Home delivery for Tarrant County residents • Phone and Internet orders for pick up or delivery • Drive through service window • Limited selection of cigars and tobacco • Ice and ice chest •Pre-ordered keg beer service • Snacks, chips, candy, nuts • Soft drinks and mixers t~ECE~tr~~ Jt,~~ 2 3 ~t~t€~ Per .~..,.....~,. Site and Landscape Plan ~~\ \ `~~ ~ r ~ ~ \ aarar ~ 5 0 vrrw u f _ ~ ~~ ~ ~~ \ 1l7li~l! m~rmrea, ~ !r ~ ~ ~ G ~~.~ 5 ,,~~,, !/ ~1. / ~~/ ~P>~~ /j /~/\ , / '~ ~~ ~~ C~ JC' /' ~~ - carer. pavrmenr \,( ` `"'\. 4~?1 ONE STORY \\ p ti.. 3. --., 1f ~ 1 Ct]NC. BLOCK BLDG. __ ~~ ~ ¢ L 5 - _ __ °~ v YX ~ ~ ;t W[7t7lig0~ ~A ~`~ ~~ ao^c Fa+rmrnf ,ay ' U 1RAtlf,MDiSAi! ~ ~ ' tAI ~ ~~ ~, ~~~ ' ~:~ I .f (, / asPhal! e~uamo eiw.ao~. f J r, r t ',"~ F I ~i~L ; f N~~rth ~IPVC~ti~n w ~;c~n~r~~ _ ~\ mi ~Y \ \ wv ~~ \` rru ~ ~Fo~ \ ~. i .~ B~ua~g s '~ ~_ c ~ - a ~r Building A - 3833 SF Building B -4685 SF l~ ~. ~~~ '°-~ \\ ~~~0 1 ~ y~~ y ~ ~ ~ ~ ~ O ~ a~~ ~~~ ~ ~~ b~~ ~ ~ y ~~~ _ y ~ ti x ~ ~ LESS THAN 6 ' y~G~ ~~a ~~ ado ~ ~a~ b ~~ ~, N ~ ~ N ~~ Q ~ ~ ~ ~~ ~ ~ b ~° n w ~ o y ~ ~ ~ cn ~ ~ ~ 'b b~ b 0 b td ~ N N ~ ~ I O C~ o ~ ~ ~ ~~ b ~ C x ~ ~ ~ r ~ ~ ~ ~ ~ v _ a ~ y ~C ~ ~ t~' L/~ trJ