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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-10/25/2010City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~~~~ -- ~T ~-~_ ~ ~ ~~ r~~;.~ Meeting Agenda Monday, October 25, 2010 6:15 PM City Council Chambers Planning and Zoning Commission ~_~_~~~- City of Colleyville LL ~ ~ Meeting Agenda ~„; Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, October 25, 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 Phelps 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES October 11, 2010 6. SWEARING IN OF NEWLY APPOINTED MEMBERS David Wheelwright, Place 3 7. ELECTION OF OFFICERS Chairman Vice Chairman Recording Secretary City of Colleyville Page 1 Printed on 10/22/2010 Planning and Zoning Commission Meeting Agenda October 25, 2010 8. APPOINTMENTS TO THE PARK LAND DEDICATION COMMITTEE Current Commiittee members include: Dave Dudziak Ron Rotthaus 9. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 10. PUBLIC HEARING AGENDA ITEMS 10a Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 1, Block 1 of the Tara Addition located at 1101 Cheek Sparger Road, Suite 107A, Case ZC10-027 11. ADIyOURNMENT I herebertify the~bove agenda was posted on the bulletin boards at City Hall on Frid October , 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 10/22/2010 `'''~-''' City of Colleyville ~ Minutes -Draft ,,:a. Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, October 11, 2010 6:15 PM Executive Conference Room 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 -CITY COUNCIL CHAMBERS 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on October 11, 2010 at 7:10 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Marty Wieder, Jeremy Hutt, Rob McKeown, Chris Pena and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Byerly. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Rotthause moved to approve the September 27, 2010 meeting minutes with grammar corrections made during pre-session. Commissioner Davis seconded. City of Colleyville Page 1 Printed on 10/20/2010 Planning and Zoning Commission Minutes -Draft October 11, 2010 The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Davis, Rotthaus, Phelps, Byerly 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 private school on Lot 15A, Block 1, of the Fairway Addition located at 1211 W. Murphy Road, Case ZC10-025 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding what the future land use plan indicates for this area. Ron Ruthven replied retail. Commissioner Phelps Commissioner Redfearn questioned staff regarding if any private school, of any size, requires a Special Use Permit. Ron Ruthven replied yes. Commissioner Redfearn questioned staff regarding what a private school is defined as. Ron Ruthven replied a private school is defined as one that meets the state accreditation of a private school. Commissioner Phelps questioned staff regarding the extent of the renovations to accommodate the growth of 100 students. Ron Ruthven replied a significant upgrade to the site would have to comply with all of the Land Development Code requirements. Commissioner Dudziak questioned staff regarding if there are any requirements for classroom sizes. Ron Ruthven replied there are no City requirements, however, there may be for the state level accreditation. Commissioner Rotthaus questioned staff regarding the parking requirements for a private school is equal to one parking space per classroom. Ron Ruthven concurred. Commissioner Rotthaus stated there are no requirements as far as classroom size therefore many grade levels can be in one classroom. Ron Ruthven concurred. Commissioner Byerly opened the public hearing at 7:19 p.m. Matthew Russell, 1211 W. Murphy Road, the applicant came forward to City of Colleyville Page 2 Printed on 10/20/2010 Planning and Zoning Commission Minutes -Draft October 11, 2010 present the case and brief the Commissioners. Commissioner Davis questioned Mr. Russell regarding if the plans are for grades K-12. He further questioned what is the current grade level mixture or the mix for a year from now? Mr. Russell stated they hope to grow in all grade levels, up to a maximum of 100 students. He stated currently there is one student in pre-k; one in first grade; two in third grade; one in fourth grade and a sophomore. He stated the students are from two families. Commissioner Davis questioned Mr. Russell regarding parking, what are the plans for parking if some of the students drive. Mr. Russell stated there is plenty of parking with their circular drive and the existing driveway. Commissioner Davis questioned Mr. Russell regarding handicap parking. Mr. Russell stated they are trying to get the best plan in place for it and are willing to work with the recommendations of staff. Commissioner Redfearn questioned the hours of operation for the school, the hours requested are Monday through Thursday, 8:30 - 3:30, would Friday be needed in the future? Mr. Russell replied no. Commissioner Redfearn questioned Mr. Russell regarding what are the plans for meal preparation and the kitchen use. Mr. Russell stated they are not preparing meals; the students bring their own lunch. Commissioner Phelps questioned Mr. Russell regarding restroom access for handicap accessibility. Mr. Russell stated they are willing to make it fully handicap accessible according to the code. Commissioner Phelps questioned staff regarding if handicap accessibility is required for the ordinance. Ron Ruthven replied the ordinance has been written so that the building would have to meet building code requirements. Commissioner Rotthaus questioned Mr. Russell regarding the teachers, are all licensed by the state of Texas. Mr. Russell replied yes, and further stated his wife is currently completing her. Commissioner Dudziak questioned Mr. Russell regarding the parking spaces, what kind of changes would you have to make to accommodate students who drive. Mr. Russell replied they are able to extend their existing driveway if required or necessary. Commissioner Dudziak questioned Mr. Russell if there are any needs to have temporary facilities. Mr. Russell stated they want to purchase the City of Colleyville Page 3 Printed on 10/20/2010 Planning and Zoning Commission Minutes -Draft property to the rear and expand their plat. He further stated not needing temporary facilities. He further stated the goal would be to purchase the property to the rear first. Discussion occurred between Commissioner Phelps and Mr. Russell regarding the property location. Commissioner Phelps questioned Mr. Russell regarding if the expansion of the private school is for academics or will any sports fields be necessary? Mr. Russell stated, not needing fields right now; he stated if they move into athletics, as an option, they will have to move into another location. Commissioner Phelps questioned Mr. Russell regarding playground equipment. Mr. Russell stated that playground equipment is a liability therefore they prefer to just have a playground area. He stated they want to have things to play with not things to play on. Commissioner Phelps questioned Mr. Russell regarding if the playground area would be fully enclosed. Mr. Russell replied yes. Commissioner Davis questioned Mr. Russell regarding where the play area is. Mr. Russell replied the far corner away from Precinct Line Road and Murphy Road. Commissioner Davis questioned Mr. Russell if a child could wander off of the property? Mr. Russell replied yes, but the back yard is completely fenced in and the front is not fenced at all. He stated he would be willing to fence whatever is necessary. There being no one wishing to speak, the public hearing was closed at 7:31 p.m. Commissioner Dudziak questioned Fire regarding if the facility has been inspected. no. Commissioner Dudziak questioned Marshal kitchen facility will require anything special. nothing special would be required for what is October 11, 2010 Marshal Rob McKeown Marshal McKeown replied McKeown regarding if the Marshal McKeown replied being proposed. Commissioner Dudziak questioned Marshal Rob McKeown regarding the handicap access, would two entrances be required or just the one? Marshal McKeown replied a third party inspector may be required for the proposed use. Commissioner Dudziak questioned Marshal McKeown regarding if there City of Colleyvil/e Page 4 Printed on 10/20/Z01o Planning and Zoning Commission Minutes -Draft October 11, 2010 are any other fire related issues with having ten students in a small space. Marshal McKeown replied the fire code is not triggered until the school reaches 50 students. He stated if they grow as anticipated, they will be required to fire sprinkle the new building. He stated he recommends a fire extinguisher now at each exit. Commissioner Dudziak stated that would not have to be added since it would be required as the building code. Commissioner Byerly stated having an issue since the future land use plan shows this for retail. He stated this not being the appropriate use for this property. Commissioner Redfearn stated this is currently zoned R20-Single Family Residential with a future land use of retail. Commissioner Redfearn moved to approve case ZC10-025. Commissioner Rotthaus seconded. Commissioner Dudziak offered a friendly amendment to require fencing along the perimeter of the property since it is adjacent to Precinct line Road; an addition of a minimum of 5-6 parking spaces and no temporary classroom units allowed. Ron Ruthven stated he would prefer the Commissioners to elaborate on the wishes for the fencing, specifically height and materials, at least minimum requirements. Commissioner Redfearn stated he preferred to enclose outdoor play and recreation areas; parking must be on a paved area. He further stated he could be supportive of temporary building uses not being allowed. Commissioner Rotthaus accepted friendly amendments. Commissioner Dudziak questioned the Commissioners regarding if a type of material to be used for the fencing is an issue. Commissioner Redfearn stated not having any preference to what type of fencing materials. The motion carried by the following vote: Aye: 5 -Knox, Redfearn, Davis, Rotthaus, Phelps Nay: 2 -Dudziak, Byerly City of Colleyville Page 5 Printed on 7o/ZOizu7u Planning and Zoning Commission Minutes -Draft October 11, 2010 7b Approval of a request for a Special Use Permit for a gas well site on 13.24 acres on Lot 1, Block 1, of the Park Place Estates Addition and Tract 1 D, Abstract 295 in the W.E. Crooks Survey located at 7404 and 7504 Pleasant Run Road, Case ZC10-022 The Commissioners chose to have this item moved to the last item; therefore, the public hearing times are reflective of the change in order. Commissioner Byerly recused himself of this item and Commissioner Dudziak chaired this item. The Commissioners recessed at 8:18 p.m. for a short break. The Commissioners came back from the short break at 8:30 p.m. into open session. Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding if City Council is the only body that can grant waivers to articles in Chapter 3.1 of the Land Development Code? Ron Ruthven replied yes. Commissioner Phelps questioned staff if the draft ordinance, as stated, is with the current version of Chapter 3.1 or with the updates that are being presented to City Council? Ron Ruthven replied both. Discussion occurred between Commissioner Phelps, City Attorney Kallas and Ron Ruthven regarding the specifics of Chapter 3.1 amendments with regards to this case. Commissioner Redfearn stated if a major piece of the amendment is made by reference and is allowed to change after the Commission's vote, what does it matter? Commissioner Dudziak stated many of those draft changes are going to take place and are referenced in this draft ordinance. He stated the Commissioners need to make sure that all issues are addressed. Commissioner Phelps stated having concerns that this case will fall under the current Chapter 3.1 and not the amended version which is due to be heard by City Council. Commissioner Dudziak states the Special Use Permit can be worded so that it reflects anything that is relevant. Commissioner Phelps concurred and stated the Commission needs to make sure the recommendations are within the draft ordinance moving forward to City Council. City of Colleyville Page 6 Printed on 10/20/2010 Planning and Zoning Commission Minutes -Draft October 11, 2010 Commissioner Redfearn stated specific sections could be sited as the Commission moves through the ordinance. Commissioners Phelps and Dudziak concurred. Commissioner Dudziak opened the public hearing at 8:58 p.m. Aric Head, the applicant, came forward to present the case and brief the Commissioners. Chris Hammack, the applicant, came forward to present the case and brief the Commissioners. David Rea, 1640 Bent Creek Drive, Southlake, spoke in opposition to the request with concerns for safety, home values and with issues of having this in a flood zone area. Kevin Townson, 175 Creekway Bend, Southlake, business owner at 7157 Colleyville Boulevard, spoke in opposition to the request with concerns for safety in the community. Nancy Farrar, 7805 Jefferson Circle, Colleyville, spoke in opposition to the request with concerns for having an industrial site in the neighborhood. Darrell Baldwin, 508 Sagebrush, Colleyville, spoke in support of the request. Lynn Buffington, 1400 S. White Chapel, Southlake, spoke in opposition to the request with concerns for the safety of the children. David Buffington, Box 939, Colleyville, spoke in opposition to the request with concerns for the water usage, the flood zone usage, flooding and drainage. Daniel Garrison, 6401 Westcoat Drive, Colleyville, spoke in opposition to the request. Karen Wilson, 100 Timberline South, Colleyville, spoke in opposition to the request with concerns for safety. Michael Carr, 7002 Shepherds Glen, Colleyville, spoke in opposition to the request with concerns for safety. Kenneth Fraser, 501 Sagebrush, Colleyville, spoke in opposition to the request with concerns for safety. However, he further stated being favor of the request because of the benefits of the request. He read an email City of Colleyville Page 7 Printed on 10/20/2010 Planning and Zoning Commission Minutes -Draft October 11, 2010 from a lady that could not be present but was in support of the request. Judith Thomason, 7208 Pleasant Run Road, Colleyville, stated not being opposed to the drilling but the access that Titan will use to access the subject property. Bryant Thomas, 7208 Pleasant Run Road, Colleyville, stated having concerns for how Titan will access the subject property. He stated he did not want Titan to use the public access easement that he has for his driveway. He stated he supports the drilling. Sharon Wilson, 199 PR 2655, Decatur, with Texas Oil and Gas, spoke in opposition to this request. James Day, 805 Shelton Drive, Colleyville, spoke in support of this request. He stated having issues with truck traffic on Tinker Road. He stated the traffic should be diverted down John McCain. He stated having concerns for water usage. Dean Davis, 6316 Pleasant Run Road, Colleyville, spoke in support of this request. Jeanna Griffin, 803 Potomac Place, Southlake, spoke in opposition to the request with concerns for safety and air quality. Wayne Quenichet, 5005 Oak Timbers Court, Colleyville, representing mother at 7612 Pleasant Run Road, spoke in favor of the request. Louis Miller, 7802 Tillman Hill Court, Colleyville, spoke in support of this request. Grady Walker, 7309 John McCain, Colleyville, spoke in favor of this request. David Adams, 165 Creekway Bend, Southlake, spoke in opposition of this request with concerns for safety. AI Zito, 501 Potomac Place, Southlake, spoke in opposition to this request with concerns for safety; flaring or venting; vapor recovery; if green practices will be used; is there a closed loop system; diesel or fuel driven motors. Chris Monroe, 1500 South White Chapel, Southlake, spoke in opposition to the request with concerns for safety. There being no one else wishing to speak, the public hearing was closed at 10:24 p.m. City of Colleyville Page 8 Printed on 10/20/2010 Planning and Zoning Commission Minutes -Draft October 11, 2010 The Commissioners recessed at 10:25 p.m. for a short break. The Commissioners came back from the short break at 10:35 p.m. into open session. Mr. Head came forward to comment on some of the concerns of the speakers. Commissioner Redfearn questioned Mr. Head regarding if it is possible to get a pad site that does not violate the 1,000 foot distance requirement. Mr. Head replied this site is the most remote; it is 500 feet from the Quenichet's and 500 feet from a residence on the Trinity Broadcasting property. Commissioner Redfearn questioned Mr. Head regarding what was the plan for getting around the 1,000 foot distance requirement in the ordinance. Mr. Head replied the location was known from the beginning of the leasing groups. He stated the previous site moved because of the distance requirements. He stated it has always been known that there are circumstances that will require a variance request. He stated they are taking measures to ensure all other issues are covered. Commissioner Rotthaus questioned Mr. Head regarding if a water well is going to be drilled on site. Mr. Head replied yes. Commissioner Rotthaus questioned Mr. Head regarding how much water can be pulled from a well, sufficient to cover all needs. Mr. Head replied potentially there will be enough water; it depends on how many wells Titan wishes to complete. On average 150 - 200 gallons per minute. Mr. Head stated city staff has evaluated the usage of water and how many gallons per minute the system can handle. Commissioner Rotthaus questioned Mr. Head regarding if the water well will be relied upon for 100 percent of the water needs and how will it impact drilling production? Mr. Head replied the fresh water pond can hold 5 million gallons of water, which is enough to frac one well. He stated the more water they can have delivered, the quicker they can frac wells. Commissioner Knox questioned Mr. Head regarding the containment swell, are there any safety factors with it? Mr. Head replied it is designed to hold a 100 year storm event, for 30 minute duration, which is above the ordinance requirement. He stated vacuum trucks will remove the product within the containment swell. Commissioner Knox questioned Mr. Head regarding the grade of that containment swell. Mr. Head replied between 5-7 feet above grade. He City of Colleyville Page 9 Printed on 1o/2oizo~v Planning and Zoning Commission Minutes -Draft stated at least 2 feet above flood elevation. October 11, 2010 Commissioner Phelps questioned Mr. Head regarding how is a leak detected, what is the time frame to correct a leak and what is the criteria that makes it an emergency and when does the city get notified. Mr. Hammack replied the 48 hour time clock starts the moment the issue is detected. He stated there are times when the equipment may need to be replaced and brought in from another location. He stated TCEQ has guidelines with regards to what criteria makes an emergency. He stated they will work within the guidelines of the city and the state. Commissioner Phelps questioned Mr. Hammack regarding if testing automatically triggers logging an incident. Mr. Hammack stated he would have to see what TCEQ refers to a reportable incident. He stated Titan will report any of those incidents to the city as well. Amanda Breitling, Breitling Consulting, worked with best practices plan for Titan, came forward to explain TCEQ requirements to the Commissioners. Commissioner Phelps questioned Ms. Breitling regarding when the log is reported. Ms. Breitling replied they will have 48 hours to notify TCEQ and asemi-annual report is sent to TCEQ. She further stated that come February 2011, TCEQ will have these requirements. Commissioner Phelps questioned staff if the report could be made available to the city as well. Ron Ruthven replied it is not in the ordinance as it is written now. Commissioner Phelps questioned Mr. Hammack regarding the hours of operation, will drilling occur 24/7. Mr. Hammack replied the drilling will take place 24/7, 7 days a week until the wells are cased. Commissioner Phelps questioned Mr. Head regarding if the property has a fence. Mr. Head replied there is a wrought iron fence along Pleasant Run Road and along the north and west is a barbed wire fence. Commissioner Phelps questioned Mr. Head regarding if a wrought iron fence is being proposed as a final product once the wells are finished. Mr. Head stated they are proposing plants that are evergreen species to keep the covering of the site. He further explained other plant species that will be used to keep the area as the same as the surroundings. He stated the drill site is over 600 feet from Pleasant Run Road therefore greenery coverings are more appropriate than a stone wall. Commissioner Phelps questioned Mr. Hammack regarding if the future proposed requirements in Chapter 3.1 have been reviewed and City of Colleyville Page 10 Printed on 10/20/2010 Planning and Zoning Commission Minutes -Draft October 11, 2010 accepted. Mr. Hammack replied yes, and that they are willing to comply in generally with the proposals. He stated the site is already in compliance with the ordinance. He stated there may be further clarification needed from staff. Commissioner Dudziak questioned Mr. Hammack regarding if a repair could not be repaired within 24 hours, the well would be shut down, what are some examples of this type of situation? Mr. Hammack replied there could be a piece of equipment that could not be located or bypassed within that time frame that would cause the well to be shut down until the equipment could be repaired. Commissioner Dudziak questioned Mr. Hammack regarding if chemical, liquids or gas would be leaking in this situation. Mr. Hammack replied it would be the gas itself leaking, in this situation. Ms. Breitling replied the 48 hour requirement goes above and beyond the TCEQ requirements which are 30 days for a manned site or 60 days for an unmanned site. Commissioner Dudziak questioned Mr. Hammack regarding what the standard procedures in reporting a leak. Mr. Hammack replied they will follow the TCEQ reporting guidelines and offer those to the city. He stated they fix leaks when they find them and further stated they do not let them go on for extended periods and stated not having an issue with reporting those to the Fire Marshal. He stated they are following the plans of TCEQ. He stated they are trying to be proactive since they are issues for them as well. Commissioner Dudziak questioned Mr. Hammack regarding what is done, if the leak remains, for air quality testing. Mr. Hammack replied as soon as the leak is fixed, they have instrumentation that will indicate if the leak remains. Commissioner Dudziak questioned Mr. Hammack regarding what about the ambient air around it. Mr. Hammack replied they do not run an air quality test after there is a release. He stated all releases are very short in nature. Ms. Breitling stated the bulk of the release would be methane which is lighter than air and will rise. Commissioner Dudziak stated wanting to ensure that the air quality is safe for the citizens. Ms. Breitling stated as far as an emergency response situation, as long as ambient air quality issues are not at risk, there is no alarm to the general public. Commissioner Dudziak questioned Mr. Hammack regarding what is the process if a blow out occurs. Mr. Hammack replied blow outs are very rare, and occurred before safety regulations were in place with the Barnett Shale. He stated they have valves that they can control with City of Colleyvil/e Page 11 Printed on 10/20/2010 Planning and Zoning Commission Minutes -Draft October 11, 2010 safety measures in place. He further explained that they use Wild Well Control which handles the types of issues that cannot be controlled at the well site. He stated they are a vendor that is contacted to remediate the situation. He stated they are local and can be on site within an hour. Commissioner Dudziak questioned Mr. Hammack regarding if there is a major event, such as liquids and gases being released, would there be a need to evacuate a larger area than 1,000 feet. Mr. Hammack replied evacuation would be left to the Fire Marshal for city protocol. He further stated any loss or control of a well has occurred at very limited times. He stated specialists would be called in and the city would be notified immediately. Commissioner Dudziak questioned Mr. Head regarding the remnants of a hurricane event; will the well site be able to contain a large amount of water? Mr. Head replied the containment swell is designed to hold a 100 year flood event for duration of 30 minutes. He stated they have done the best they can do contain such an event. Commissioner Dudziak stated this is a concern especially after the recent event. Commissioner Dudziak questioned Mr. Hammack regarding if this is something that has been added to the emergency response plan in the event of a flood. Mr. Hammack replied yes, it is in the emergency response plan. He further explained that protocol in the emergency response plan is to be followed regarding the shutting down of the well site. Commissioner Dudziak questioned Mr. Hammack regarding if the Fire Marshal has any say in whether or not a well site is shut down. Mr. Hammack replied yes, he will have to review and approve the emergency response plan. Commissioner Dudziak questioned Fire Marshal Rob McKeown regarding when is the emergency response plan required to be submitted. Marshal McKeown replied Titan is required to have the plan in place before the permitting paperwork is submitted. Commissioner Dudziak questioned Marshal McKeown regarding how soon does the Fire Department need to be notified of a gas leak event. Marshal McKeown replied as soon as the event takes place so that the leak can be fixed before it becomes a larger issue. Commissioner Dudziak questioned Marshal McKeown regarding as far as a catastrophic event, does the TCEQ have something that Titan will follow. Marshal McKeown replied yes and stated there is a plan in place for emergency events. He stated Titan will provide training to the Fire Department for this site. City of Colleyville Page 12 Printed on 10/20/2010 Planning and Zoning Commission Minutes -Draft October 11, 2010 Commissioner Redfearn questioned Mr. Hammack regarding what is the content of the fracking solution and what governs the composition of that? Mr. Hammack referred to a content slide and explained to the Commissioners regarding the content. He stated the items are provided on (Mineral Safety Data Sheet) MSDS sheets to the city. Commissioner Redfearn questioned Mr. Hammack regarding if fracking solutions vary. Mr. Hammack replied no, not in the Barnett Shale. Ron Ruthven concurred and stated the MSDS are required on site and to the Fire Marshal's office. Commissioner Phelps questioned Mr. Hammack regarding if oil based fluids are used. Mr. Hammack replied none are used. Commissioner Phelps questioned Mr. Hammack regarding what light sand fracturing is. Mr. Hammack explained the process to Commissioner Phelps. He further stated that they have never used arsenic chemicals for the fracking process. Commissioner Phelps questioned Mr. Hammack regarding is all of this contained in the closed loop system. Mr. Hammack replied yes, correct. He stated closed loop refers to the drilling process. Commissioner Phelps questioned Mr. Hammack regarding the drilling mud, what is done with the solids? Mr. Hammack replied the drilling solids and drilling fluids are hauled off to an offsite drilling disposal facility. Commissioner Phelps questioned Mr. Head regarding the 100 year flood plain, how will this site affect it? Mr. Head replied the containment swell is to contain a 100 year event with no run off. He further explained the upstream and downstream affects from the pad site. He stated the study was done by Thomas Caliver Engineering and engineering staff has a copy of the report. Commissioner Dudziak questioned Mr. Hammack regarding the time frame for drilling, what is the acceptable time frame, 3 or 5 years? Mr. Hammack replied not believing so. He stated this site will require approximately 5 to 7 years to adequately complete the project. He stated they would like the minimum of at least 5 years. Commissioner Dudziak questioned Mr. Hammack regarding if Titan can provide the Fire Department with a testing device. Mr. Hammack replied they have a device which the city can use. Commissioner Dudziak questioned Mr. Hammack regarding if he has City of Colleyville Page 13 Printed on 10/20/2010 Planning and Zoning Commission Minutes -Draft October 11, 2010 any issues with meeting all insurance standards. Mr. Hammack replied they have no issue with meeting all insurance standards. Commissioner Dudziak questioned Mr. Hammack regarding if he has any issues with providing the escrow for any damage made to any city roads. Mr. Hammack replied having no issue. Commissioner Dudziak questioned staff regarding if there is a maximum amount of water that can be drawn from TRA and is there a cap to restrict the citizens. Ron Ruthven replied no knowing of a cap. He stated the city uses about 200 billion gallons of water a year for the citizens and have never had an issue with delivering water to them. He stated the ordinance has regulations within it regarding water usage. Commissioner Phelps questioned staff regarding what triggers water usage thresholds over a specific time period. Ron Ruthven stated the ordinance refers to it as a water shortage and then water usage can be cut off at any time. If any drops in water pressure occur, the city can monitor those situations. He further stated there are no water usage limitations. Commissioner Phelps questioned staff regarding if water quality has been considered. Ron Ruthven replied the ordinance amendments have ambient testing requirements of water wells within 2,000 feet of the proposed drilling. Commissioner Dudziak questioned staff regarding how often are those tests done. Ron Ruthven replied the specifications are in the ordinance. Commissioner Dudziak questioned staff regarding ambient air testing. Ron Ruthven stated a third party inspector will take care of this testing. Commissioner Dudziak questioned staff regarding the concrete casing around the drilling. Ron Ruthven stated the independent inspector will provide this inspection. Commissioner Dudziak questioned City Engineer Jeremy Hutt regarding the pad site plan and the building of the berm for the holding tank, is this sufficient? Jeremy Hutt replied that Titan has provided what is required for this containment. He stated the 100 year design is standard practice. Commissioner Dudziak questioned Jeremy Hutt if he will be involved in the inspection process. Jeremy Hutt replied yes, part of the inspection process. He further stated not being sure how all of the inspections will take place. Commissioner Rotthaus and Ron Ruthven discussed the seismic activity City of Colleyville Page 14 Printed on 10/20/2010 Planning and Zoning Commission Minutes -Draft October 11, 2010 and the amendments to Chapter 3.1. Commissioner Phelps questioned staff regarding the 24 hour drilling process. Ron Ruthven stated the ordinance does not prohibit the drilling operation to only day light hours. Commissioner Phelps stated clarification should be added as to what is allowed and what is not allowed during daylight versus night time hours. Further discussion occurred between the Commissioners regarding clarification on the drilling process with noise levels. Discussion occurred between Chris Hammack and the Commissioners regarding noise levels within the draft ordinance. Commissioner Dudziak questioned Mr. Hammack regarding if the well site would be available for viewing by citizens. Mr. Hammack replied it is hard to open up the site for liability reasons. He stated having town hall meetings and explaining the process would be easier to coordinate. Commissioner Phelps stated being very impressed with the application with regards to the improvement since the last application. He thanked staff with their hard work and dedication to the precautions. Commissioner Dudziak moved to approve case ZC10-022 with the following amendments: 1) proposed changes to Chapter 3.1 be included; 2) all drilling to be complete within 5 years; 3) all leaks and incidents reported to TCEQ, EPA, TRA and immediately to city; 4) incidents posted on City's website within 24 hours; 5) provide fire department with equipment necessary to verify leaks and that the leaks no longer exist. Commissioner Phelps seconded. Commissioner Redfearn stated that operations authorized by this Special Use Permit shall be required to comply with the provisions in the attached exhibit x, being the marked up version of 3.1. Commissioners Dudziak and Phelps concurred with that language. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Davis, Rotthaus, Phelps Excused: 1 -Byerly 8. TABLED PUBLIC HEARING AGENDA ITEMS ga Approval of a request for a Package Store on Lot 1 R1, Block 2, of the Village Park Addition located at 4701 Colleyville Boulevard, Case ZC 10-024 Commissioner Byerly moved to switch the order around for the tabled item to be heard next City of Colleyville Page 15 Printed on 10/20/2010 Planning and Zoning Commission Minutes -Draft October 11, 2010 Commissioner Redfearn moved to remove case ZC10-024 from the tabled items. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 5 -Knox, Redfearn, Dudziak, Davis, Rotthaus, Phelps, Byerly Ron Ruthven presented the case and briefed the Commissioners regarding this request. Commissioner Dudziak questioned staff regarding the building design score. Ron Ruthven stated the applicant has increased the building breaks and number of windows to increase the building design score. Scott Remphrey, the General Partner for the property, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Remphrey regarding the landmark sign, is this being proposed? Mr. Remphrey stated he has agreed, with the Albertson's owner, to get the sign in place. He stated there are several owners for these parcels. Commissioner Dudziak questioned Mr. Remphrey regarding the timeline for the sign. Mr. Remphrey stated not knowing at this time. Commissioner Dudziak questioned Mr. Remphrey regarding what he can do. Mr. Remphrey stated he is checking into the legality of what he can do. Commissioner Dudziak questioned Mr. Remphrey regarding if he can do the landscaping in the parking lot areas. Mr. Remphrey stated he can do the landscaping in the parking lot areas. Commissioner Byerly questioned Mr. Remphrey if the landscaping of the islands will satisfy the Land Development Code requirements. Mr. Remphrey stated he will work with staff regarding the Land Development Code requirements for landscaping. He stated he hopes to get credit for the soft scapes around the building. Commissioner Davis questioned Mr. Remphrey regarding how the landscaping along the building will be irrigated. Mr. Remphrey stated it will be irrigated. Commissioner Phelps questioned Mr. Remphrey for clarification that the building, landscaping and signage are in compliance with the Land Development Code. Mr. Remphrey concurred. City of Colleyville Page 16 Printed on 10/20/2010 Planning and Zoning Commission Minutes -Draft October 11, 2010 Commissioner Phelps questioned staff regarding if the applicant is in compliance with what is required. Ron Ruthven replied the landscaping of the island around the sign does meet the landscaping requirements. He stated the parking lot, with this portion of the building, should be landscaped a minimum of 140 square feet with one three inch caliper tree. Commissioner Davis and staff discussed the actual parking lot areas for this proposed use and the landscaping requirements. Commissioner Knox questioned Mr. Remphrey regarding if the islands at the ends of the parking rows are landscaped. Mr. Remphrey replied no. Commissioner Byerly questioned Mr. Remphrey regarding the proposal, what are the additions. Mr. Remphrey stated he would like approval if they have met the minimum requirements, which they seem to have met. He stated the property was not irrigated for such landscaping. Commissioner Phelps stated, according to the diagrams, there are about five end caps to landscape. Ron Ruthven stated for every 18 contiguous parking spaces, there is to be 140 square feet of landscaping along with one three inch caliper tree. Commissioner Davis stated these being the requirements for new development. Ron Ruthven concurred. Commissioner Knox questioned staff regarding if there are 10 end caps, what is the number? Ron Ruthven replied 20 or 21; both ends. Commissioner Dudziak stated part of the Commissioners responsibility is to bring such properties up to code for new development. He stated to support this request, the landscaping and building design standards would have to be brought up to current code requirements. Commissioner Byerly concurred and stated the property is 2/3 developed and some concessions may need to be met. Commissioner Rotthaus stated the Commission is already making concessions. He stated the entire complex should be brought up to a building design score of 25; we are not asking for that. He further stated being inclined with Commissioner Dudziak statement that while we are addressing this, at least with the beautification of SH26, the Commissioners could take advantage of this at that time to bring those elements up to code. Commissioner Byerly stated that may bring an undue burden to the applicant. City of Colleyville Page 17 Printed on 10/20/YO1u Planning and Zoning Commission Minutes -Draft October 11, 2010 Commissioner Byerly moved to approve case ZC10-024 with addition that the building design score covered, by this SUP, be a minimum of 28 and that the three rows of double parking or six rows of parking adjacent to the building space meet the landscaping requirements of the Land Development Code. Commissioner Phelps seconded. Commissioner Rotthaus stated there is an opportunity before the Commission to approve the entire project. He stated the applicant is the owner of the entire building. Commissioner Phelps questioned staff if the building design score pertains to the frontage of this particular retail portion. Ron Ruthven concurred, only to the package store frontage itself. Discussion occurred between staff and Commissioner Dudziak regarding previous recommendations. Commissioner Dudziak questioned the Commissioners for clarity, how many landscaping areas are being approved, how many square feet, how does it fit within the code? Ron Ruthven stated the motion could be worded in that all the required parking required by the square footage of the use, when calculated together would need to meet landscaping requirements. He stated that all rows of parking, that are closest to the proposed use, could be required to be landscaped, He further stated that since this is going to the City Council staff can specify the language. Commissioner Byerly stated that the double row of parking with the sign, with 140 square feet of island landscaping and one three caliper inch tree for every 18 parking spaces. Ron Ruthven stated the intent is clear to staff. Commissioner Dudziak stated not knowing how the monument sign is to be dealt with considering the recommendation. Commissioner Byerly stated the ordinance is worded so that the sign will have to meet the Land Development Code requirements and the applicant has stated he is willing to take care of it. Commissioner Phelps stated he would like to be aggressive with each end island cap, on the SH26, to be landscaped 140 square feet as opposed to just the three in the center. Commissioner Byerly questioned Mr. Remphrey regarding what his response would be to landscaping those islands closest to SH26? Mr. Remphrey questioned the Commissioners regarding if every other island City of Colleyville Page 18 Printed on 10/20/2010 Planning and Zoning Commission Minutes -Draft October 11, 2010 would be acceptable? Mr. Remphrey further stated he will take care of the sign issue since he spoke with the Albertson's owner and they have no issues with it. Commissioner Phelps stated he would like a landscaping plan done for the whole parking lot. Commissioner Rotthaus stated City Council can take our recommendations. He stated the entire complex should be to brought up to current standards. The motion failed by the following vote: Aye: 1 -Byerly Nay: 6 -Knox, Dudziak, Redfearn, Davis, Rotthaus, Phelps Commissioner Phelps moved to approve with modifications that each end cap on SH26 side be landscaped with minimum requirements for that type of island. Commissioner Davis seconded. Commissioner Dudziak stated the applicant received some relief when the Ace Hardware came in, otherwise, the property would be brought up to code. He furuther stated it is not the Commission's responsibility to give relief. He stated the Commissioners have a responsiblity to develop as the code allows. Commissioner Byerly; landscaping on the endcaps of the parking rows along SH26 as the Land Developmet Code requires. Commissioner Phelps stated there are 8 1/2 of the endcaps plus the landmark sign. The motion carried by the following vote: Aye: 4 -Knox, Davis, Phelps, Byerly Nay: 3 -Dudziak, Redfearn, Rotthaus 9. ADJOURNMENT The meeting adjourned at 12:03 a.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 8, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Col/eyville Page 19 Printed on 10/20/2010 csi~ ^r ':~~'~'t?~~ City of Colleyville 100 ainStreet y Colleyville, Texas 76034 ,~.,;~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 10/25/2010 Agenda No.: 10a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 1, Block 1 of the Tara Addition located at 1101 Cheek Sparger Road, Suite 107A, Case ZC10-027 Attachments: Location and Zoning Map Notification List Letters of Opposition Letters of Support Statement of Planning Objectives Exhibits Provided by Applicant Parking Exhibit Provided by Applicant Property Site Plan Suite Dimensions Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 10/25/2010 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 1, Block 1 of the Tara Addition located at 1101 Cheek Sparger Road, Suite 107A, Case ZC10-027 Explanation Russell Carr has submitted a request for a Special Use Permit (SUP) in order to operate a package store called "The Village General Store Beer Wine and Spirits" at 1101 Cheek Sparger Road Suite 107A. The proposed package store will encompass approximately 1,200 square feet of the existing inline retail space within the Tara Village Shopping Center. Existing Zoning and Development Conditions. The property is zoned CC1-Village Retail district and is platted. Package stores are allowed in the CC1-Village Retail district with the approval of an SUP. The property is developed as amulti-tenant retail building, which is comprised of a total of 18,490 square feet. Staff Review and Analysis. Staff analysis of this request is done 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. No landscape plan was provided by the applicant. City of Colleyville Page 1 Printed on 10/22/2010 Benda Briefing Continued Parkin_g The applicant proposes no changes to the existing parking lot for the shopping center. Due to the underutilization of the existing parking lot the parking demand from this use will meet The Land Development Code requirement, which 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. Based on this requirement, the applicant is required to provide a minimum of 6 parking spaces. There are currently 238 parking spaces located on the subject property. Site Layout The applicant is proposing no changes to the current inline retail space as it relates to the Tara Village Shopping Center. Landscapin_g and Buffering The applicant did not provide a landscape plan for review. However, the site is in compliance with Chapter 4-Landscaping and Buffering in the Land Development Code. Dumpster Locations There are existing six-foot masonry screened dumpster enclosures on the site. Access and Traffic Generation. Access The site contains two driveway approaches driveway approach that connects to Bedford that connect to Cheek Sparger Road and one Court. 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 1,200 square feet are expected to generate 116 trips per day, on average. Although not required, the City Council 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 25. The subject building, as it currently exists, contains a design score of 53. City of Colleyville Page 2 Prinfed on 10/22/2010 Agenda Briefing Continued Si_gnage. Per the attached exhibit, the applicant proposes to add a wall sign to the portion of the building facing Cheek Sparger Road that would read "Tara Village General Store Beer, Wine & Spirits". There is an existing pylon sign on the subject property. However, the applicant does not propose to add any signage to the pylon sign. Therefore, staff recommends no changes to the pylon sign. 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 the 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 30 days of abandonment. The sign provisions noted above have been added to the draft ordinance. Store Layout and Crime Prevention. The applicant has not submitted a floor plan detailing the proposed location of all items to be sold, check-out points and security cameras. However, in terms of crime prevention, staff recommends that all package stores be required to comply with the Crime Prevention Recommendations for Convenience Stores and Package 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: 130 ft. Distance to closest school: 592 ft. Distance to closest church: 1,215 ft. Distance to closest day care: 50 ft. All distances noted above comply with the minimum distance requirements of Section 6-Alcoholic Beverage Regulations of the Code of Ordinances. Distance from other active package store requests: 4200 Glade Road -Approved 3.1 miles 62 Main Street -Approved 1.3 miles 7101 Colleyville Boulevard -Approved 3.2 miles City of Colleyville Page 3 Printed on 10/22/2010 Agenda Briefing Continued 7990 Precinct Line Road -Pending 3.0 miles 4701 Colleyville Boulevard -Pending 0.9 miles Surrounding Properties, The surrounding properties are primarily developed as retail uses. Properties to the south are located in the City of Bedford and are developed as residences. The properties to the north along Cheek Sparger Road are zoned PUD-R Planned Unit Development Residential and are currently developed as single family homes in the Tara Subdivision. The property to the east is zoned CN Neighborhood Commercial District and is developed with office uses. The property to the west is zoned R40-Single Family Residential and is vacant. Master Plan, The Colleyville Master Plan designates this property for future retail uses. The use of the property as a package store complies with the plan with the approval of a Special Use Permit. Public Notification, Staff notified 52 property owners within 500 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received 5 letters of opposition (5 of the 52 notified) and 3 letters of support (three of the 52 notified) regarding this request. Staff Analysis and Summary of Recommendations, Staff has written the draft ordinance such that it contains all recommendations specified in the briefing. The following is a summary of staff recommendations: 1. Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within 30 days of abandonment. 2. All signs shall meet the following conditions: (1) there shall be no package store signs located on the existing pylon sign; (2) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (3) that there be language in the draft ordinance adopting Section 108.52 of the Texas Alcoholic Beverage Code by reference, thereby enabling the City to enforce the state sign provisions in addition to any enforcement by state inspectors further ensuring compliance. 3. All package stores shall be required to comply with the Crime Prevention Recommendations for Convenience Stores and Package 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? Yes City of Colleyville Page 4 Printed on 10/22/2010 Agenda Briefing Continued Complies with minimum building design score? Yes Traffic Impact Analysis required? No Proposed Use is over 300 feet from church, school & hospital? Yes Recommended Actions The Planning and Zoning Commission has the following options regarding action on this item: 1. Approve the request, as submitted (with listed conditions in the draft ordinance); 2. Approve the request with additional condition(s); 3. Table the agenda item to a specific date with clarification of intent and purpose; 4. Deny the request. City of Colleyville Page 5 Printed on 10/22/2010 Location and Zoning Map float 4006 40oz 4001 soo3 3908 3001 1004 3906 4002 905 ~1 396 3908 3904 +~ 3905 3906 3902 ((( 3900 803 3904 t~ ~ 3902 ~ 3900 ' " 3900 ~ 3809 3sos AG 901 3806 380 3805 3716 3716 3714 ~' 3709 3708 3708 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Foreman, Barbara R 4006 Elmwood Ct Colleyville TX 76034 004006 Elmwood Ct Ostrander, Oakley D & Linda Tr 4005 Plantation Ct Colleyville TX 76034 004005 Plantation Ct Collins, Stephen B Etux Jane 1009 Inwood Ln Colleyville TX 76034 001009 Inwood Ln lovinelli, Luci & Robert C 4006 Plantation Ct Colleyville TX 76034 004006 Plantation Ct Ulrich, Charlie Etux Lore 4003 Elmwood Ct Colleyville TX 76034 004003 Elmwood Ct White, James R Etux C Victoria 4002 Elmwood Ct Colleyville TX 76034 004002 Elmwood Ct Edwards, Sheridan B 4003 Plantation Ct Colleyville TX 76034 004003 Plantation Ct Welch, Charles Lee Etux Lori L 4004 Plantation Ct Colleyville TX 76034 004004 Plantation Ct Chatelain, Gary M Etux Gloria 1007 Inwood Ln Colleyville TX 76034 001007 Inwood Ln Allred, Shane Etux Kelly 1005 Inwood Ln Colleyville TX 76034 001005 Inwood Ln Jackson, William D Etux Melba 1003 Inwood Ln Colleyville TX 76034 001003 Inwood Ln Usrey, Lewis B Etux Tammy R 4001 Elmwood Ct Colleyville TX 76034 004001 Elmwood Ct Pursley, Tex Etux Barbara 4000 Elmwood Ct Colleyville TX 76034 004000 Elmwood Ct Rhee, Un Young 4002 Copperwood Ct Colleyville TX 76034 004002 Copperwood Ct Griffith, James C Etux Cynthia 4002 Plantation Ct Colleyville TX 76034 004002 Plantation Ct Andrews, Mary 4001 Plantation Ct Colleyville TX 76034 004001 Plantation Ct Ringo, Casey K Etvir John L 3906 Elmwood Ct Colleyville TX 76034 003906 Elmwood Ct Huggins, Samuel E 4000 Plantation Ct Colleyville TX 76034 004000 Plantation Ct McWithey, Michael C 4001 Copperwood Ct Colleyville TX 76034 004001 Copperwood Ct Craver, Pete F III 3908 Copperwood Ct Colleyville TX 76034 003908 Copperwood Ct Kenvin, Ken M Jr Etux Amanda J 3905 Elmwood Ct Colleyville TX 76034 003905 Elmwood Ct Kile, Daniel A Etux Shirley 3907 Copperwood Ct Colleyville TX 76034 003907 Copperwood Ct Miller, Ray Etux Patricia 3904 Elmwood Ct Colleyville TX 76034 003904 Elmwood Ct Byno, Thomas J 3906 Copperwood Ct Colleyville TX 76034 003906 Copperwood Ct Oldham, Kevin R 3902 Elmwood Ct Colleyville TX 76034 003902 Elmwood Ct Daisy Hill Academy Ltd 919 Cheek Sparger Rd Colleyville TX 76034 000919 Cheek Sparger Rd Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003916 Wayne Dr Baerg, Hal 2 Black Walnut Coto De Caza CA 92679 001001 Cheek Sparger Rd Pechacek, John A Etux Eileen F 3905 Copperwood Ct Colleyville TX 76034 003905 Copperwood Ct Torres, Nolberto Etux Josephin 3904 Copperwood Ct Colleyville TX 76034 003904 Copperwood Ct Baerg, Hal 2 Black Walnut Coto De Caza CA 92679 001005 Cheek Sparger Rd Richey, Ruth Jean Murray 3906 Butler Ct Colleyville TX 76034 003906 Butler Ct Valle, Sergio Etux Marla 3903 Copperwood Ct Colleyville TX 76034 003903 Copperwood Ct McDowell, Chs A Jr Etux Sherry 3902 Copperwood Ct Colleyville TX 76034 003902 Coppenvood Ct Baerg, Harold J Etux Kathleen 2 Black Walnut Coto De Caza CA 92679 001101 Cheek Sparger Rd Landry, Lloyd M Jr Etux Sandra 3900 Copperwood Ct Colleyville TX 76034 003900 Coppervvood Ct Abbott, Rhonda C 3904 Butler Ct Colleyville TX 76034 003904 Butler Ct Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003908 Wayne Dr Covenant Christian Academy 901 Cheek Sparger Rd Colleyville TX 76034 003906 Bedford Ct Peyton, John Etux George-Anne 3902 Butler Ct Colleyville TX 76034 003902 Butler Ct Myers, David W ~ Mary A Rev Tr 7017 Oak Hills Ct North Richland Hills TX 76180 001105 Cheek Sparger Rd Myers, David W & Mary A Rev Tr 7017 Oak Hills Ct North Richland Hills TX 76180 001109 Cheek Sparger Rd Wolfe, Kevin & Larry Chatham 4800 Bill Simmons Rd Colleyville TX 76034 003900 Bedford Ct Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003816 Wayne Dr Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003816 Bedford Ct Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003817 Bedford Ct Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003808 Wayne Dr Chatham, Larry K Etal 4413 Bowman Dr Colleyville TX 76034 003707 Bedford Ct Ccdcw Lp 9301 N Central Expy Ste 360 Dallas TX 75231 003804/ 003806 Bedford Ct Chatham, Keith 2607 Brenner Dr Dallas TX 75220 003716 Bedford Ct Chatham, Larry K Etal 4413 Bowman Dr Colleyville TX 76034 003813 Bedford Ct Russell Carr 4812 Park Bend Fort Worth TX 76137 applicant Public hearing notices mailed on Wednesday, September 29, 2010 by Amy Shelley Letters of Opposition Date: 9/26110 Ron Ruthven Community Development Director City Hall 100 Main Street Colleyville, Texas 76034 Re: Zoning Case Number: ZCio - 027 Package Store Application for: 1101 Cheek Sparger Rd. Dear Mr. Ruthven: Please accept this letter as written opposition to a package (liquor) store at this location. There is a preschool within several hundred feet of the proposed location. Also within one-third of a mile there is a large private school and a city park. The surrounding area is almost exclusively zoned as residential in both cities. I do not fell like this type of establishment belongs in these surroundings. I would like to force a super majority vote by City Council for this proposal. According to TAD map 2102-436 my property is within 200 ft of 1101 Cheek Sparger Rd. Thank you, Josh and Elizab h Falls (Wooten) 1117 Woodvale Dr. ~a~ Bedford, TX 76021 Amy She{ley Subject: FW: No Liquor Store From: Artpacione .,--..._._w.. __.,.. _.._.......__~ ._____..____.... Sent: Saturday, September 25, 2010 8:08 PM To: Ron Ruthven Subject: No Liquor Store Date: 8/25/2010 Ron Ruthven Community Development Director City Hall 100 Main Street Colleyville, Texas 76034 Re: Zoning Case Number: Package Store Application for: Tarra Village Shopping Center on Cheek Sparger Road. Dear Mr. Ruthven: Please accept this letter as written opposition to a package (liquor) store at this location. We live just in back of the Tarra Village Shopping Center. I would like to force a super majority vote by City Council for this proposal, if my property is within 200 ft. Thank you, Arthur D. Pacione & Mary C. Pacione 1109 Woodvale Dr., Bedford, Texas 76021 Print Address i Amy Shelley Subject: i=W: Stop Liquor stores From: Melanie Prlest Sent: Saturday, September 25, 2010 8:16 PM To: Ron Ruthven Subject: Stop Uquor stores Date: 9/25/10 Ron Ruthven Community Development Director City Hall 100 Main Street Colleyville, Texas 76034 Re: Zoning Case Number: ZC10-027 Package Store Application for: 1101 Cheek-Sparger (Tara addition) (store address) Dear Mr. Ruthven: Please accept this letter as written opposition to a package (liquor) store at this location. I would like to force a super majority vote by City Council for this proposal, if my property is within 200 ft. I do not live in this community to see my property values erode even further. There is a reason I only work in Dallas and do not live therel I have seen the deterioration of neighborhoods caused by liquor stores. Do you really want to see Hwy 26 tum into another Harry Hines Blvd.? Thank you, Signature Melanie Priest Print Name 3712 Woodmont Ct., Bedford, TX 76021 Print Address Amy Shelley Subject: FW: Tara Village Liquor permit/ zoning request ZC10-027 From: ~_~~ Sent: Friday, October 15, 2010 11:41 AM To: Amy Shelley Subject: Tara Village Liquor permit/ zoning request ZC10-027 Ms. Shelley & Planning and Zoning Commission- I have interests in property on both sides of Bedford Court. The soccer fields just south and west of Tara Village as well as the residence at 3716 f3edford Ct. are each partially owned by me. I am vehemently opposed to granting a liquor permit at the shopping center location. The soccer fields are used by high school and junior high kids due to the property owners benevolence. I believe that allowing this use will negatively impact this area. Such retail outlets are usually placed away from residential areas as well as day care centers and schools. Many young children and families frequent this center. Please do not allow this permit to be approved. Sincerely, Keith Chatham 817-925-0686 Tex E. Parsley 4000 Elmwood Ct Colleyville, TX 76034 October 6, 2010 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Attention: Planning and Zoning Commission Subject: Objection to the proposal to permit a package liquor store at 1101 Cheek Spazger, Suite 107A, zoning case number ZC 10-027. Boazd Members: 1 feel that this location is not appropriate for a liquor store for the following reasons: 1) This location is in a small cluster of neighborhood shops surrounded by family homes. The area tends to favor family and children. There is a dance studio within a few feet of the proposed liquor store and a children's pre school across the street. Just beyond the pre schoal is a lazge Christian School with a large number of students. Next door to the Christian School is a church. To change the zoning to accommodate a liquor store would be inconsistent for the area. 2) Traffic on Cheek Sparger. Cheek Spazger already has a problem with heavy traffic. The Christian School neazby has a lazge number of students going to and from daily. Plus the school is expanding and expecting even more students. Adding a liquor store would add to this traffic problem. This location is just not appropriate for a liquor store. Thank you for your consideration. ~,~ ~. Tex E. Parsley ~ur~~ CJ Amy Shelley Letters of Support Subject: FW: Liquor store? From: Sent: Tuesday, September 28, 2010 1:18 PM To: 7oyceinne Williams Subject: Liquor store? Hi Joyce! By any chance, do you know if the plans in front of the board to put a liquor store in Tara Village were passed? It would be most. beneficial to this shopping center to have new business! Thank you, Robin Simply Cakes,ltd. 817-581-2253 1 Amy Shelley Subject: i=w: Tara Village Liquor Store From: sara krueger _ ~^~ ~"_.__~__ .__ Sent: Sunday, September 26, 2010 9:28 AM To: Ron Ruthven Subject: Tara Vlliage Liquor Store Ron, I received a letter at my door about a liquor store going into the Tara Village Center. We live directly behind the Tara Village on Woodmont court. I will not be able to attend the meeting tomorrow Monday, September 27. I would like to offer my support in it going in. I do not see the big deal. Where I came from we could by the liquor in grocery stores. The few remaining Liquor store where not these scary looking stores in neighborhoods you wouldn't want to be in after dark. I feel that if liquor stores went into neighborhoods where the socioeconomic status was higher, the likely hood of the store turning into a scary looking place would not happen. My only concern is if they will be good tenants to the Center. I get tried of driving through mop bucket water (I am sure is not to be dumped in the alley) and seeing trash not property picked up that has missed the dumpster. If you could please keep me advised of the results of the meeting. Thank you, Sara Kruger 3700 Woodmont Ct _~~C'~j~a v -- A~4N(~~ ~4. K,I~E 390 ~opperwooc~ Court Cotttt~vill~, nc ~6os~-41~g ~ - \S -re_ L 1 v t c~k sp~~ ~~ sw•~ ~°~~ ~~ ~~ ~~ 9 ~. ~ ~ =6--~ ~ ~-f ~~~ ~- ,~~~ <s~-.~.~ ~ , ~ yed, s ,moo ~ ~~`/ ~_~. ~W~N ~'af~~ ~ c J ~~ ~`.."~ ~~ ~ ~-~-~~ . Gs,. ~,~z ~~ ~-~- Statement of planning objectives I plan to open an upscale Liquor/wine store with a limited selection of beer. In addition, we plan to sell cigarettes, lotto, and other items typically found in a convenience store. One of the main reasons I believe this location will be successful is my ability to drive business from my existing Conoco gas station located at the intersection of Cheek-Sparger and Hwy 121. This store has become very successful generating over $6500/month in sales tax revenue. We average over 750 customers per day, many of them travelers wondering where they can purchase liquor. We have never been cited for an alcohol or tobacco violation. Development Schedule Upon approval of the SUP, I will apply for the appropriate licenses and permits through the state and county. This process usually takes 6-8 weeks. Upon approval/receipt we will open immediately. Operations Plan The hours of operation will be 11:00 to 9:00. Employee count will vary from 1-2 Building articulation/design plan There will be no changes made to the existing structure. See attachments 1-3 Signage details including proposed name of business Signage will be consistent with existing laws and ordinances. See attachment 4 Economic Development information As demonstrated in the table below, if we have only 50 customers per day, with an average sale of $20.00, we will generate over $2000.00 sale tax revenue per month. Average Customers per Day Average Sale per Customer Total Sale Annually Total Square Foot Sales Tax per Square Foot Sales Tax Annual Ad Valorum* Tax Annually 50 $20.00 $300,000.00 1500 $200.00 $24,750.00 $895.50 100 $20.00 $600,000.00 1500 $400.00 $49,500.00 $1,791.00 150 $20.00 $900,000.00 1500 $600.00 $74,250.00 $2,686.50 200 $20.00 $1,200,000.00 1500 $800.00 $99,000.00 $3,582.00 250 $20.00 $1,500,000.00 1500 $1,000.00 $123,750.00 $4,477.50 * Ad Valorum Tax calculated based on 1.5 months inventory at .02388% Detailed site /parking plan There will be no changes to the existing parking lot Traffic impact analysis With a relatively low customer count required to make the store successful, there should be a very minimal impact on local traffic. Building floor plan and security plan The suite will have a monitored alarm system as well as 4 camera video surveillance system with a hard drive back up capable of storing 72 hour. Floor plan, see attachment 5 1 r ', -- ~ ' I ' nk x. ~i x. ~~ ' ", ~'s -=y a:~- sz y.. t -- : H.::. ,'~, 4'S ~ ~ " ~ :~ ~_~ ' .: r "~z, ~, '~ .p ;~ ~ ~ ~ r - a 7, ~ b~a,k"r ~ +~r r u d~ ~~ u ~~ ~ ~ ~~~~l4 ~ :`. ~ I F R4 ~~ fir„ niik~ .! } t 1 ~~ N f s. ~ ~. _;" y.. ~ ~. . r _ .~>~ - - ~~ ~ ' ~ _ . x~ ~ Y x~,~ ~ _ > 4 ~ 1 s ~ i ~,~rar~ }~M 7t ~r ~ ~ f I3, 1x F ^ ~ i ~ 4 1 ~ ~ -. .. ~" S It 1 . .. ~. ~#S . } .. It . f ~ Y f ' , «~ ~ J I1' T ~} I ~ ~ 3 k + /~ 1 i` '~ FAQ F.7~.tC,, Ir+~ z I~v'~Ky~~a~s~, n ~}~~ '. ~~ ~ st ,~ x ~ ~ ~,~ ~ n ~sH~~h o, i "`- S' Parkin Exhibit Provided by Applicant a ~ ' ' . iR ~~w~, r~ rtr ctis ~mai~rvr ty a~~ kOrC~.TS E XGEPifONS IHE tRIC COM~c~i4EkT t0 - ~y~ri. q+~ Akin ~ M r ^iq~r 0. ~7~ au r h ~r-r .., _ rr ..~ ter. • ~ +r! .. _~. ~ .~ ,~ - ~ t.M~.~ ~i1.. a.wr. - ~ Mlw~! ~ Wri ~rir' ~ wrr~ W y ! ~ Ka +r lM~ f - _ _ _ ~.-. . ."" _ _ .:T"'r _ ~~.w~ Alr Yn ! • ~r Ri Ai~M'L ~ L t M T~'~ u ~ v =+ay~. ' i~. M ~~ ~ wu~ . .. _ r ' ~! ..« r~ w1 V ~ v+~ rar ~ 4R ~ r s .~ ~ • ~ ~ M ~. - ~ ~` ~ ~~~ - ~1 _ .-~ - ~-. - E ~- - I ~ • ''` j ,~~~ ~~! ~ , #`r r r .~ .. t I ~ - 1~~.- r,.r w ~. +tMrr ..rr~ ':~ . `~ ~~ ~~ ~ ~ ~~ `+~.• "~~ 1 f ... ~R,1~a ~G.: r. art ~ a+ r .~er~r1 J~ ,.r . a.+ ..sr ~ .,... ~, LN~+~ . .~ ,` ~~ ... "~ ~;1'~.1 ~.Z'~'..r.r" ~xl~.ibit B U09-I'UI Chcck Sprtr'~er Rnad, {:~1leyville.'t'7~7(;0;?4 127A 1,15 12d 12,5 128 i?7 129 ( 121A ~ ~ ~ I ~ i „o ~ Amor~Pixxa & Pasta ~ i 4 1~~A j ro~e,~oe a~oo hdfiwter Han Taskwcndo ~~ !~ 107A ! Ya cn.,..-1- ,a~ ~ I Tpra ail d Tart I I Boa _ 10:! DDnr ~, a~ f h . M/1rM MMq OnMi~i r ~ _. rN l 1 l 1 ~ ~ °' l t ~~ 1 ~ ~ u i ,c~ ~ ~ ,~F~ r '~~ f r _. f i .f l l ~~ Far ANemrrf Orry f j/ l J~uJ iv/ss ___ __ A f - ~~ ~~ 1. ti ..J l~ p03/003 ~ I _~~-~ ... •4.1 R _ ~! `~.~ N • ~'I H ,~ s~ a H 1~ '~ ' ~ d ORDINANCE 0-10-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1, BLOCK 3 OF THE TARA ADDITION LOCATED AT 1101 CHEEK SPARGER ROAD, SUITE 107A 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. ZC10-027; 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 3, Block 1, of The Tara Addition located at 1101 Cheek Sparger Road, Suite 107A, as depicted on Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a package store as depicted on Exhibit "A" and described in Exhibit "B". b. The package store authorized by this Special Use Permit shall not exceed 1,200 square feet in size. c. The business name for this package store shall be "The Village General Store Beer, Wine and Spirits". d. All signs advertising the package store shall meet the following conditions: (1) there shall be no package store signs located on the existing pylon sign; (2) all signage, including existing signage, shall, at a minimum, meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (3) Section 108.52 of the Texas Alcoholic Beverage Code is hereby adopted by reference of which all requirements pertaining to signage shall apply to this Special Use Permit; (4) Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within thirty (30) days of abandonment. e. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "C". Ordinance 0-10-XXXX Page 3 of 4 f. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. g. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2010. The second reading and public hearing being conducted on the day of 2010. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor Ordinance 0-10-XXXX Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map 1001 1004 1003 3006 803 901 903'. 905 907 1001 1003 1007 1000 x002 1001 1003 1005 1002 001 9 4004 loan 3906 3 08 9001 4002 3904 3906 905 3916 " 3902 3908 3901 3905 909 39~ 3906' 3900 903 3901 3908.. 3906 $It@ - 3902 3904 3815 3900 PUDC sals C N 390o 3809 O 3808 901 3806 380 AG 3845 3716 3716 3711 3709 3708 ~, 3708 Exhibit "B" -Statement of Planning Objectives Statement of planning objectives I plan to open an upscale Liquor/wine store with a limited selection of beer. In addition, we plan to sell cigarettes, lotto, and other items typically found in a convenience store. One of the main reasons I believe this location will be successful is my ability to drive business from my existing Conoco gas station located at the intersection of Cheek- Sparger and Hwy 121. This store has become very successful generating over $6500/month in sales tax revenue. We average over 750 customers per day, many of them travelers wondering where they can purchase liquor. We have never been cited for an alcohol or tobacco violation. Development Schedule Upon approval of the SUP, I will apply for the appropriate licenses and permits through the state and county. This process usually takes 6-8 weeks. Upon approvaUreceipt we will open immediately. Operations Plan The hours of operation will be 11:00 to 9:00. Employee count will vary from 1-2 Building articulation/design plan There will be no changes made to the existing structure. See attachments 1-3 Signage details including proposed name of business Signage will be consistent with existing laws and ordinances. See attachment 4 Economic Development information As demonstrated in the table below, if we have only 50 customers per day, with an average sale of $20.00, we will generate over $2000.00 sale tax revenue per month. Average Customers per Day Average Sale per Customer Total Sale Annually Total Square Foot Sales Tax per Square Foot Sales Tax Annual Ad Valorum* Tax Annually 50 $20.00 $300,000.00 1500 $200.00 $24,750.00 $895.50 100 $20.00 $600,000.00 1500 $400.00 $49,500.00 $1,791.00 150 $20.00 $900,000.00 1500 $600.00 $74,250.00 $2,686.50 200 $20.00 $1,200,000.00 1500 $800.00 $99,000.00 $3,582.00 250 $20.00 $1,500,000.00 1500 $1,000.00 $123,750.00 $4,477.50 * Ad Valorum Tax calculated based on 1.5 months inventory at .02388% Detailed site /parking plan There will be no changes to the existing parking lot Traffic impact analysis With a relatively low customer count required to make the store successful, there should be a very minimal impact on local traffic. Building floor plan and security plan The suite will have a monitored alarm system as well as 4 camera video surveillance system with a hard drive back up capable of storing 72 hour. Floor plan, see attachment 5 Exhibit "C" CRIME PREVENTION RECOMMENDATIONS FOR CONVENIENCE STORES AND PACKAGE STORES Purpose The purpose of these recommendations are to protect the health, safety, and welfare of the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that may occur in a convenience store or package store in the City. To this end, these recommendations address best practices in crime prevention through environmental design including height markers, visibility into and around the business, alarm systems, physical security, drop safes, surveillance camera systems, and minimum staffing requirements. Definitions Unless otherwise expressly stated, the following terms shall, for the purposes of these recommendations, have the meanings indicated in this section: "Convenience Store" means an establishment designed, intended, adapted or used primarily to provide for consumer shopping of a brief duration, characterized by a limited product mix (generally emphasizing prepared and snack foods, beverages, tobacco products or gasoline/motor vehicle fuel), close-in parking, and limited retail space. "Drop Safe" means a cash management device in which money can be deposited without the depositor having access to the contents. "Employee" means any person listed on the payroll of a convenience store or package store as an employee, whether part-time, full-time, permanent, or temporary. The term does not include a person providing only janitorial or security services to the store. "Height Marker" means a measuring strip that is attached on or near the door frame of doors used for ingress and egress to the store to aid in identifying the height of a person suspected of committing a crime. "Package Store" means a retail establishment that sells "liquor", as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise consumption. "Manager" means the person designated as the supervisor or person in charge of the operations of the store. "Owner" means the person or persons who hold title to, leases or has a possessory interest in property for the purpose of operating aconvenience/package store. Height strips A convenience/package store shall have height strips posted at all public exits to aid in obtaining a physical description on any suspicious person or suspect in a criminal offense. Visibility A) A convenience/package store shall maintain an unobstructed line of sight allowing a clear view of and from the cash register and sales transaction area through all windows and public access doors. Such windows and doors must be clear of all items that would obstruct a clear view including, but not limited to, tinting, signage, advertisements, shelving, and merchandise. Such unobstructed line of sight must, at a minimum, extend from three feet above the ground to at least six feet above the ground. B) Landscaping shall be maintained in a manner that allows an unobstructed view of all windows and doors in an attempt to prevent blind spots or places of concealment. Alarm system A) A convenience/package store shall have a silent panic or holdup alarm system for which a permit has been issued by the City. This system shall, at a minimum, include a panic button located within reach of the cash register and out of view of the customer. Such panic button will generate an alarm signal indicating a holdup or other life-threatening emergency requiring a police department response. B) A convenience/package store shall have posted at all public exits and entrances signs or decals indicating that a security alarm system is in use. Entrances and Exits A) All doorways shall be secured with a deadbolt lock. Deadbolt locks within 40 inches of a breakable surface must be a double cylinder lock. B) Service or delivery entrances shall be equipped with an exterior, high resolution digital video camera or a "peep hole", which enables employees to visually observe the area immediately outside the door. Drop safe A) A convenience/package store shall have a drop safe on the premises to keep the amount of cash available to employees to a minimum. A drop safe must be bolted to the floor and may have atime-delay mechanism to allow small amounts of change to be removed. B) A convenience/package store shall have a written cash accountability policy mandating the maximum amounts of cash that can be kept in cash registers. C) A convenience/package store shall have posted, at or near the point(s) of sale, decals or signs indicating that employees cannot open the safe and that employees have minimum cash on hand. Surveillance camera system A) A convenience/package store shall have a minimum of two, color digital high- resolution surveillance cameras. One camera must have an overall view of the counter/register area and the other camera a view of the main entrance/exit area and both shall display the correct date and time of the recording. B) The entrance/exit area camera shall be placed to provide a clear and identifiable full frame of the filmed individual's face. C) The cameras shall be operated at all times including hours when the store is not open for business. D) The owner or manager shall provide the police department, upon request, digital color images in connection with any criminal investigation. E) The owner or manager shall maintain a library of the recorded digital images for not less than 30 days. F) A convenience/package store shall have posted, at or near the point(s) of sale, signs or decals indicating that surveillance cameras are in use. Minimum Staffing (A) A convenience/package store will maintain a minimum staffing of at least two (2) employees on-site at all times when the business is open.