HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-3/28/2011City of Colleyville
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www. Colleyville. com
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Meeting Agenda
Monday, March 28, 2011
6:15 PM
City Council Chambers
Planning and Zoning Commission
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~,~.3. ' ~ Meeting Agenda 817.503.1000
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Planning and Zoning Commission
Monday, March 28, 2011 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
Section 551.076 -Deliberate security personnel, devices and audit
7:00 P.M. -REGULAR MEETING
1. CALL TO ORDER
2. ROLL CALL
3. INVOCATION
Commissioner Davis
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
January 24, 2011
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
7. PUBLIC HEARING AGENDA ITEMS
City of Colleyville Page 1 Printed on 2/28/2011
Planning and Zoning Commission Meeting Agenda March 28, 2011
7a Approval of a request for a replat of 3.6 acres on Tract 2B03, Abstract
239 of the CC Doss Survey located at 2800 Glade Road and 0.8 acres
on Lot 9, Block 4 of the Ashmore Addition located at 2803 Highgrove
Court, Case PC11-002
7b Approval of a request for a replat on 1.3 acres on Lot 1, Block 1, of the
White Addition located at 309 Lloyd Circle, Case PC11-003
7c Approval of a request for a Special Use Permit for a Package (liquor)
Store on Lot 5A, Block 2, of the Andy Felps Addition located at 4205
Colleyville Boulevard, Case ZC11-004
8. ADJOURNMENT
I hereay~certify th~abo~e agenda was posted on the bulletin boards at City Hall
on Fri y, March 11, 2011 by 5:00 p.m.
Amy Shelley, Community Development Coordinator
City of Colleyville Page 2 Printed on 2/28/2011
City of Colleyville
city Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www. Colleyville. com
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Minutes -Draft
Monday, January 24, 2011
6:15 PM
City Council Chambers
Planning and Zoning Commission
-. - City Hall
City of Colleyv~lle 100 Main Street
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~,~ "~ Colleyville, Texas 76034
Minutes -Draft 817.503.1000
"'''" www.colleyville.com
Planning and Zoning Commission
Monday, January 24, 2011 6:15 PM City Council Chambers
LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,
PLATTING, AND LAND USE
REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS
MEETING MINUTES
DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES
ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON
PAST AGENDA ITEMS
EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D, Section 551.071 -Legal -Consultation with attorney on legal
issues raised by public hearing or action items on the agenda
7:00 P.M. -REGULAR MEETING
1. CALL TO ORDER
The Planning and Zoning Commission meeting of the City of Colleyville
was called to order by Chairman Byerly on January 24, 2011 at 7:00
p.m.
2. ROLL CALL
Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright,
Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly
Staff Present: Ron Ruthven, Jeremy Hutt and Amy Shelley
3. INVOCATION
The invocation was given by Commissioner Knox.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Rotthaus moved to approve the November 8, 2010
meeting minutes with the grammar corrections to page two.
Commissioner Davis seconded.
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Planning and Zoning Commission Minutes -Draft
January 24, 2011
The motion carried by the following vote:
Aye: 7 - Knox, Dudziak, Wheelwright, 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 zoning change from R40-Single Family
Residential to PUDC-Planned Unit Development Commercial on Lot 5,
Block 3 of the Southgate Addition located at 3709 Wayne Drive; and
approval of an amendment to the PUDC-Planned Unit Development
Commercial zoning and development requirements on Lots 1 and 2,
Block 1 of the Covenant Christian Academy Addition and Lot 1 R of the
Colleyville Presbyterian Church Addition located at 715 and 901 Cheek
Sparger Road, Case ZC10-029
Ron Ruthven presented the case and briefed the Commissioners
regarding this request.
Commissioner Davis stated he was
was presented. He then questioned
evolved. Ron Ruthven explained tc
the subject project.
not here when the original request
staff regarding how this request has
Commissioner Davis the history of
Commissioner Davis questioned staff regarding the discussion of the
previous bleacher request, why were the requirements in the ordinance
over looked? Ron Ruthven replied that there was one inspection on the
property, by the zoning department, at the very end, therefore, when this
inspection was done, the issue with the bleachers was found. He further
stated that there had been complaints about the bleachers.
Commissioner Davis questioned staff regarding if bleacher specifications
were presented prior to them being installed. Ron Ruthven replied yes,
but the final product was not seen until the final inspection and it varied
from the plans submitted.
Commissioner Byerly questioned staff regarding the maximum bleacher
seating may be limited to 400 people, however stated not seeing that
number in the ordinance. Ron Ruthven stated it is in the ordinance.
Commissioner Byerly questioned staff regarding how many sets of those
bleachers were there going to be to get to that 400 number.. Ron
Ruthven replied numerous. He further explained the total seating
capacity with regards to the ordinance.
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Planning and Zoning Commission Minutes -Draft
January 24, 2011
Commissioner Phelps questioned staff regarding the number of seating
for the bleachers that are currently in place. Ron Ruthven replied he did
not have that information.
Commissioner Dudziak questioned staff regarding if there are any other
examples of other residential uses that have been converted into office
spaces. Ron Ruthven stated there are numerous areas, specifically the
area of Thompson Terrace and Glade Road.
Commissioner Dudziak questioned staff regarding if this structure will
have to meet all code and fire code requirements and who will check on
those compliances? Ron Ruthven replied those inspections would be
done by the Building Official, Building Inspector and the Fire Marshal.
He further stated that the final certificate of occupancy would be held
until all of the construction was completed and inspected.
Commissioner Dudziak questioned staff if those requirements, as stated
above, are in the draft ordinance. Ron Ruthven replied yes. He further
stated that he did not require parking and landscaping be brought up to
code if the residential structure is to be left in its current state. He stated
if it is expanded further, then it will have to meet all of those
requirements. He stated Section 4, under General, Subsection E; the
building shall meet all applicable building code and fire code
requirements.
Commissioner Dudziak questioned staff regarding how is the current
value versus the increase improvement value, determined? Ron
Ruthven stated any building, increased in the improvement value over 20
percent of the approved tax rolls, based on the valuation of construction
is given to staff in the building permit application.
Commissioner Dudziak questioned staff regarding will that be in the
actual ordinance through the building permit process? Ron Ruthven
replied it would be codified as worded now. However, if they were to
come in and do other modifications, then they would have to amend their
PUD.
Commissioner Dudziak questioned staff regarding if the applicant is
asking for any other waiver requests. Ron Ruthven replied no.
Commissioner Dudziak questioned staff regarding if there will be access
to this structure at any time. Ron Ruthven replied they will have to follow
the commercial building standards for access just as any other building.
However, if this structure were to remain. residential, then access would
not be to commercial standards.
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Planning and Zoning Commission Minutes -Draft January 24, 2011
Commissioner Dudziak questioned staff regarding if the TIA has been
approved. Ron Ruthven replied yes, it has been approved by the City
Council and they have met all of the requirements except the school
zone on Wayne Drive.
Commissioner Wheelwright questioned staff regarding when was the
height of the fencing extended? Ron Ruthven replied not knowing. He
stated they may have done it on their own.
Commissioner Byerly opened the public hearing at 7:25 p.m.
Kevin Wolfe, the applicant, came forward to present the request and
brief the Commissioners.
Commissioner Davis questioned Mr. Wolfe regarding if a permit was
acquired for the bleachers that were built. Mr. Wolfe stated they
received approval by the city for bleachers for seating of 400. Ron
Ruthven concurred and stated they met with the developer and asked
that the bleachers be engineered before approval. He stated they also
requested that the bleachers be on one side of the development as
opposed on the side of the Bedford residents. He stated, with regards to
the specifications of the bleachers, not knowing how this came about
with the details of the bleachers being missed. He stated he found out at
the time of the final inspection, that the bleachers did not meet the
ordinance requirements.
Commissioner Byerly questioned Mr. Wolfe regarding what is the cost of
the bleachers? Mr. Wolfe stated without the concrete work, they were
$42,000 and with the concrete work and ADA ramp, between $65,000
and $70,000.
Commissioner Byerly questioned Mr. Wolfe regarding how much were
the previous bleachers were going to cost? Mr. Wolfe replied he did not
know. He stated the architect used a website photo for the previous
ordinance approval. He stated he told staff that with those bleachers
could only seat 55, and could not get to 400 to have the math work out
clearly.
Commissioner Phelps stated there were two specifications talked about
at length the last time this was heard, one was the height not to exceed 8
feet and the second was the maximum capacity of 400. He stated it
appears that there could be more than 400 seated. Mr. Wolfe explained
that there are 8 spaces for wheelchair seating. Mr. Wolfe further used
exhibits to explain the capacity. Commissioner Phelps accepted the
engineering capacity of 399.
Commissioner Phelps stated there is a visibility issue into the neighbors
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Planning and Zoning Commission Minutes -Draft
January 24, 2011
with the current bleacher height, but it is offset by being on the opposite
side of the field. Mr. Wolfe explained the height of the bleachers with
regards to the topography in that area. He stated by setting the stands
on the east side of the field, the bleachers are actually lower than if they
had been placed on the west side of the field. He stated by sitting on the
top row, you can see the roof line of the neighbors, but you cannot see in
the backyards.
Commissioner Davis questioned Mr. Wolfe regarding that with the width
of the football field, the topography drops 10 feet? Mr. Wolfe replied
yes, there is quite a change in topography. He further explained that
when a site plan is put in an ordinance, the topography is not taken into
account.
Commissioner Phelps stated the general assumption, at least that he
made, was that football fields are relatively flat with a crown in the middle
for drainage to happen on both sides. He stated that the side line area
and bleacher area would have been set in that same plain. Mr. Wolfe
replied if they had set those bleachers on the west side, they would have
been above the football field by about 6 feet.
Commissioner Phelps questioned Mr. Wolfe regarding why the retaining
wall was cut closer to the field as opposed to closer to the fence. Mr.
Wolfe replied there were challenges, it was tight to begin with and the
decision was made to move the field further to the east.
Commissioner Phelps questioned Mr. Wolfe regarding the score board,
does it have illumination? Mr. Wolfe replied the numbers are all that is
illuminated and it is placed on the north end of the field.
Commissioner Phelps questioned Mr. Wolfe regarding how tall is it? Mr.
Wolfe replied it is less than 20 feet tall but did not know the exact
measurements. He stated they permitted that as part of the project.
Commissioner Phelps stated in the ordinance there was not to be any
illumination on the field. Mr. Wolfe stated the score board is basically
considered an accessory to the athletic field. He further stated that the
school cannot play at night.
Commissioner Phelps questioned Mr. Wolfe regarding if he is the sole
representation of the school, here tonight. Mr. Wolfe replied yes, the
school has asked him to represent them on this matter since he is
involved in the construction. He further stated that the school has been
made aware of the fact that the residential structure will have to meet all
building and fire codes. He stated the school wants to emphasize that
the structure is to only be used for storage, there will not be any students
in that structure.
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Planning and Zoning Commission Minutes -Draft
January 24, 2011
Commissioner Rotthaus stated he understood that building is being used
as office space now. Mr. Wolfe stated the school is using it for storage.
Commissioner Wheelwright questioned Mr. Wolfe regarding if there was
originally going to be four locations for the ability to seat 100, what was
the reason for not going with that? Mr. Wolfe replied the original
bleachers did not represent the true setting for a football event, being
able to sit on the 50 yard line. He further stated they were only a
representation on the site plan, not specific.
Commissioner Dudziak questioned Mr. Wolfe regarding the sidewalk
along Cheek Sparger, what are the plans for that. Mr. Wolfe stated he
could not speak for the school, but that the sidewalk was to be
developed as part of Phase 4 of the development, according to the
ordinance. He further stated that the sidewalk would be extended with
the residential structure, if approved in the PUD.
Commissioner Dudziak questioned Mr. Wolfe regarding if there will be
any construction updates done to the structure on the residential lot that
is being proposed to be incorporated in the PUD. Mr. Wolfe replied, if
any updates are done, it would be cosmetic. He assured the
Commissioners that permits will be pulled for any construction activities
and approved by the city. He stated the Fire Marshal will come through
once a year for fire inspections.
Commissioner Dudziak questioned Mr. Wolfe regarding if there are going
to be any screening measures on the south end of Lot 5, adjacent to the
Bedford residents. Mr. Wolfe replied yes.
Commissioner Dudziak questioned Mr. Wolfe regarding the structure
between the existing school and the lot, was the larger. one demolished
and a concrete pad poured? Mr. Wolfe replied they poured concrete
aprons around the existing structures.
Commissioner Dudziak questioned Mr. Wolfe regarding if there are new
structures proposed on the newly poured concrete. Mr. Wolfe replied a
new garage door was installed and the building was enclosed.
Commissioner Dudziak questioned Mr. Wolfe .regarding if permits were
pulled for that work. Mr. Wolfe replied no.
Gary Zak, 3821 Fox Hollow Drive, Bedford, came forward and stated
being in opposition to this request with concerns about the height of the
bleachers, the score board, lights and fencing.
Rod Chapman, 3829 Fox Hollow Drive, Bedford, came forward and
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Planning and Zoning Commission Minutes -Draft
January 24, 2011
stated being in opposition to the request with concerns for noise, lights
on the score board, field was supposed to be a practice field, and that a
taller fence does not make a better neighbor.
Sharon Dickson, 3813 Fox Hollow Drive, Bedford, came forward and
stated being in opposition to the request with concerns about the height
of the bleachers, score board being too close to the Bedford neighbors,
the noise level and that trees have been removed.
There being no one else wishing to speak, the public hearing was closed
at 8:07 p.m.
Commissioner Byerly reopened the public hearing at 8:08 p.m.
Mrs. Gene Tingley, 921 Bristle Court West, Bedford, came forward and
stated she has drainage issues because of the school.
There being no one wishing to speak, the public hearing was closed at
8:18 p.m.
Commissioner Dudziak questioned Mr. Wolfe regarding how this came to
pass that city staff made a decision on a new set of bleachers. Mr.
Wolfe replied they met early in the construction phase of the athletic
field, about a year ago.
Commissioner Dudziak questioned Mr. Wolfe regarding if he has a copy
of the permit. Mr. Wolfe replied yes, but he does not have it .with him
tonight. He stated that Bill Elliott told him, a year ago, that the bleachers
would have to be engineered. He further stated these types of structures
are not typical structures that are permitted. He stated the items were
reviewed before the actual construction of the bleachers. A meeting
took place regarding the bleachers and the guidelines were given to us,
a verbal agreement was given and then later, with the drawings, the
permit was submitted for the bleachers.
Commissioner Dudziak questioned Mr. Wolfe regarding if any red flags
went up at that time since the bleachers were different than what City
Council had approved? Mr. Wolfe replied the site plan was discussed
with the different bleacher specifications, being either 4 sets of five rows
disbursed around the field area.
Commissioner Dudziak questioned Mr. Wolfe if the city indicated for
them to move to this route? Mr. Wolfe replied no, it was a conversation
about getting clarity and understanding. It wasn't pointed one way or the
other. He stated pulling the bleachers to the east side made more sense
to both parties.
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Planning and Zoning Commission Minutes -Draft
January 24, 2011
Commissioner Dudziak questioned Mr. Wolfe regarding if anyone
suggested bringing this forward to City Council for their review? Mr.
Wolfe replied it was not that type of meeting.
Commissioner Dudziak stated there was a specific number of seating,
with a specific number of rows placed very specifically on the site plan.
He further stated this is a dramatic change. Mr. Wolfe replied the
ordinance clearly stated a 400 seat capacity.
Commissioner Byerly stated that being the assertion that there would be
stands for 50, being 8 different stands located around the field. Mr.
Wolfe stated he was not privy to the previous discussions. He further
stated that he was not trying to do anything under handed. He stated
there have been multiple meetings for several issues.
Commissioner Dudziak stated there are dramatic differences but no one
is being accused of being under handed.
Commissioner Dudziak questioned Mr. Wolfe regarding Mrs. Tingley's
drainage issues, will those issues be addressed? Mr. Wolfe replied that
there have been many conversations with regards to those issues. He
stated they have met with Bedford and Colleyville and concluded that
nothing that we have done has created those issues. He stated any
work that is to be done, is and will be done with permission from the city.
Commissioner Davis questioned staff regarding if the City Council
approves an ordinance but that a developer has many meetings with
staff and a conclusion is made that what needs to be done is different
than what is approved, that does not mean it is approved, correct? City
Attorney Kallas stated the wording of the City Council is the ordinance.
He stated that nobody can change that wording, other than City Council.
He stated that staff interprets what City Council gives to them of staff but
that it is at the applicants peril to do what the ordinance states. He
stated that the interpretation of staff does not bind the City Council.
Commissioner Davis questioned staff regarding that since you were in
those meetings, do you think what was done was what City Council
wanted? Ron Ruthven replied no sir, as a matter of fact, that is why we
are here tonight. He stated that when the final inspection was done, the
bleachers were found to not meet the ordinance. He further stated that a
mistake has been made and that it will require an amendment to the
PUD or they will have to bring the stands into compliance.
Commissioner Phelps questioned Mr. Wolfe regarding when did you join
this project? Mr. Wolfe replied he was brought in right after the PUD was
approved, back in early September of 2009.
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Planning and Zoning Commission Minutes -Draft
January 24, 2011
Commissioner Phelps stated the applicant, at the time of the PUD
approval, was the one that requested the size of the bleachers, the
location of the bleachers, the non-illumination of any lighting, and the
placement of the practice field to isolate the field from the school
buildings. He stated the applicant set the tone for this PUD approval.
He further stated that the final conclusions, made by the Planning and
Zoning Commission and the City Council, were what were brought to us
at the time of the approval of the PUD. He stated he does sympathize
with you, however, he wished that a representative from the school had
been present. He stated having concerns for the addition of the
residential structure into the PUD; once it gets incorporated, the rules for
that location get brought into the umbrella of the rest of the development..
He further stated having concerns for the trees being protected
adequately, or trees being retained.
Commissioner Phelps questioned Mr. Wolfe regarding tree preservation.
Mr. Wolfe stated some dead trees have been removed along the
property line of the new property being brought into this PUD and Mr.
Staley's property. He stated Mr. Staley stated he was not going to take.
care of the property, therefore the school requested that he take them
down.
Commissioner Phelps questioned Mr. Wolfe regarding the noise with the
horns, is that something built into the scoreboard. Mr. Wolfe stated the
scoreboard does identify the end of a period.
Commissioner Phelps questioned Mr. Wolfe regarding if there is a way to
salvage those bleachers if the 3 to 4 foot riser sections are removed?
Mr. Wolfe replied they are mounted to the concrete slab with an
elevation change; he stated he could not answer that specifically. He
stated the bleachers were a custom order. He stated the ordinance has
always been clear about having seating for 400. He stated the noise
issue with spectators will still be there. He stated the painting of the
backside of the fencing will be addressed, weather permitting. He stated
that they are trying to add value to the adjacent properties by improving
the school properties.
Commissioner Dudziak thanked Mr. Wolfe for answering the questions
of the Planning and Zoning Commission.
Commissioner Byerly questioned City Engineer Jeremy Hutt regarding
Mrs. Tingley's drainage situation. Jeremy Hutt replied they have worked
with the contractor to alleviate some of the drainage issues. He stated
the issue is with saturation. He stated as the property is switched from a
residential use to a commercial use, they will be required to develop a
grading plan and a drainage plan for that lot and at that time some of
those issues may be resolved.
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Planning and Zoning Commission Minutes -Draft January 24, 2011
Commissioner Knox questioned Jeremy Hutt regarding if the amount of
surface water run-off was changed during the construction. Jeremy Hutt
replied no, not according to the original plans that were submitted.
Commissioner Phelps questioned Jeremy Hutt with regards to new
construction, is it to your understanding that they are going to grade to
certain run off conditions and if the current run off exists, then there are
no guidelines for fixing the current situation? Jeremy Hutt replied there
are certain guidelines used to develop a lot; they must discharge into a
drainage system. He stated if it is designed properly, they can discharge
across other properties. He stated they would need a professional
drainage design plan.
Ron Ruthven stated if the current, residential structure is to remain in
place, there are no other development upgrades that will be required to
take place. He further stated that when they do come in to reconstruct
that site, they will have to incorporate it into the current plat and meet
current city codes with regards to drainage.
Commissioner Phelps questioned staff regarding the topography as it
relates to the western retaining wall with elevation changes. Jeremy Hutt
replied, slightly. He stated there is a grade change in that area.
Commissioner Phelps stated had they stayed with the original design
standard, with the bleachers on top of the retaining wall, they would be
taller on the west side than on the east side.
Commissioner Davis stated he has not been on a football field where the
grading dropped 8 to 10 feet on one side. Jeremy Hutt stated it is the
area adjacent to the retaining wall.
Commissioner Dudziak questioned staff regarding how soon this may be
brought back to the Planning and Zoning Commission, if this request is
denied. Ron Ruthven replied there is no time requirement. He further
stated if the applicant does not appeal the request to the City Council,
there is no time limit. However, if the applicant appeals it to City Council
and receives a denial from them, they would have to wait one year.
Commissioner Dudziak moved to deny case ZC10-029. Commissioner
Davis seconded.
Commissioner Wheelwright questioned staff regarding the original
application was there any mention of changing the grade to either side of
the field with the placement of the bleachers. Ron Ruthven replied that
they knew there would be some grading required, however, there was
nothing specific. He stated staff did not see topography until the building
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Planning and Zoning Commission Minutes -Draft January 24, 2011
permit was submitted.
Commissioner Knox stated he remembered in the original request, that
the bleachers should not exceed 5 risers. He stated he didn't remember
being concerned about the quantity of the bleachers.
Commissioner Byerly concurred and stated that this is not close to being
what was approved originally.
Commissioner Rotthaus concurred and stated the scoreboard should not
be considered an accessory to an athletic field and was not approved
originally.
Commissioner Phelps concurred with most and stated there is a
difference with this school and its history; this school has grown into this
neighborhood, the neighborhood didn't grow around the school. He
further stated that football stadiums or athletic fields are not typically right
in the middle of a neighborhood.
The motion to deny was carried by the following vote:
Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps,
Byerly
8. ADJOURNMENT
The meeting adjourned at 8:58 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, January 7, 2011 by 5:00 p.m.
Amy Shelley, Community Development Coordinator
City of Colleyville Page 11 Printed on 2/10/2011
Cat ~~ Co~~e ~~~~~ City Hall
{ ~ ,7 ,7 100 Main Street
~"`~ Colleyville, Texas 76034
~~~~ Agenda Briefing 817.503.1000
www.colleyville.com
File Number:
File Type: Case
Status: Commission Public
Hearings
Version: 1
Requester: Community
Development
Department
Agenda Date: 03/28/2011
Agenda No.: 7a
Controlling Body: Planning and
Zoning
Commission
Final Action:
File Name: Approval of a request for a replat of 3.6 acres on Tract 2803, Abstract 239 of the CC Doss
Survey located at 2800 Glade Road and 0.8 acres on Lot 9, Block 4 of the Ashmore Addition
located at 2803 Highgrove Court, Case PC11-002
Attachments: Location and Zoning Map Notification List Information Received from Ashmore HOA
Plat Exhibit
History of Legislative File
Version: Date: Acting Body: Action Text:
1 03/28/2011 Planning and Zoning
Commission
Title
Approval of a request for a replat of 3.6 acres on Tract 2B03, Abstract 239 of the CC Doss
Survey located at 2800 Glade Road and 0.8 acres on Lot 9, Block 4 of the Ashmore
Addition located at 2803 Highgrove Court, Case PC11-002
Explanation
Maciley Enterprises, L.P., on behalf of the property owner, has submitted a replat fora 4.8
acre tract of land located along Glade Road and Highgrove Court. The replat is a request
from the property owner to combine the two parcels into one parcel. One parcel is located
in the Ashmore Addition and the other is unplatted. The result of the replat will create a new
subdivision to be named the Maciley Addition, which will be developed as residential.
Zoning. The property is zoned R40-Single Family Residential. The proposed lots meet the
minimum requirements of the R40-zoning district and the Land Development Code.
Existing Conditions. 2803 Highgrove Court is platted as Lot 9, Block 4 of the Ashmore
Addition and 2800 Glade Road is an unplatted tract of land. The properties surrounding the
subject properties to the north, south, east and west are all zoned R20-Single Family
Residential.
Replat Conditions. The proposed replat creates one platted lot from the combination of
two lots.
City of Colleyville Page 1 Printed on 3/25/2011
Agenda Briefing Continued
Sidewalks and Trails. The Land Development Code and the Supplemental Sidewalk
System Map requires a 4 foot sidewalk to be constructed along Highgrove Court when any
new structures are built on the property. The Supplemental Sidewalk System Map and the
Colleyville Pathways Plan also requires a 10 foot trail to be constructed along Glade Road
when any new structures are built on the property.
Summary. The owner's surveyor has addressed all Development Review Committee
comments. The proposed development satisfies all requirements of the Land Development
Code. This plat only requires approval by the Planning and Zoning Commission.
Recommendation
Approval
City of Colleyville Page 2 Printed on 3/25/2011
Location and Zoning Map
Notification List
OWNER NAME
OWNER ADDR
OWNER CITY OWNER
STATE OWNER
ZIP
SITUS ADDR
Sullivan, Roger H Etux C 2806 High rove Ct Colleyville TX 76034 002806 Highgrove Ct
Fyffe, Jane Gauthier Etux Jack 2708 Highgrove Ct Colleyville TX 76034 002708 Hi hgrove Ct
Ing Bank Fsb 400 National Way Simi Valley CA 93065 002802 Highgrove Ct
Little, David P Etux Shelly 2712 High rove Ct Colleyville TX 76034 002712 Highgrove Ct
Ramirez, Rodolfo Etux Elia 2810 Hi h rove Ct Colle ille TX 76034 002810 Hi h rove Ct
Anderson, John & Ste hanie A 3310 Clearfield Dr Gra evine TX 76051 002803 Hi h rove Ct
Benites, Joao R Etux Vania B 2713 Highgrove Ct Colleyville TX 76034 002713 High rove Ct
Hathcock, Arvel Etux Maria 2709 Highgrove Ct Colleyville TX 76034 002709 Hi hgrove Ct
Tarpara, Narendra Etux Triveni 1809 Sandalwood Ln Grapevine TX 76051 002807 Highgrove Ct
Dorf, Kevin J Etux Olga 2809 Highgrove Ct Colleyville TX 76034 002809 Highgrove Ct
John Staab, a licant 2220 Pool Road, Suite
100
Gra evine
TX
76051
a licant
Public hearing notices were mailed on Monday, March 14, 2011 by Amy Shelley
Information Received from Ashmore HOA
February 1, 2011
Mr. Robert McCormick
2200 Pool Road
Suite 100
Grapevine, Texas
RE: 2803 Highgrove Court
Colleyville, Texas 76034
The Architectural Control Committee for Ashmore Home Owners association has
reviewed Plan and Elevation drawings prepazed by Turner Boaz Architecture dated
01.25.2011 and Mr. Robert McCormick letter also dated January 25, 201 1.
On the whole the letter and drawings aze acceptable. There are two exceptions.
Because the entrance is a secondary structure the set-back should be forty (40')
feet from the front property line.
The driveway and the sidewalk surfaces should be pebble concrete. This will
match every other driveway/sidewalk in the Ashmore subdivision.
We believe that is a good fit and addttion to Ashmore
Sincere y,
r
Thomas Markwiese
President
Ashmore HOA
Plat Exhibit
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;~ City of Colleyville 100 M'tain Street
~« Colleyville, Texas 76034
,~.a,.~: Agenda Briefing 817.503.1000
www.colleyville.com
File Number:
Version: 1
Requester: Community
Development
Department
File Type: Case
Agenda Date: 03/28/2011
Agenda No.: 7b
Final Action:
File Name: Approval of a request for a replat on 1.3 acres on Lot 1, Block 1, of the White Addition located at
309 Lloyd Circle, Case PC11-003
Attachments: Location and Zoning Map Notification List Plat Exhibit
History of Legislative File
Version: Date: Acting Body: Action Text:
1 03/28/2011 Planning and Zoning
Commission
Title
Approval of a request for a replat on 1.3 acres on Lot 1, Block 1, of the White Addition
located at 309 Lloyd Circle, Case PC11-003
Explanation
Larry Stewart, of Larry Stewart Homes, on behalf of the property owner, has submitted a
replat fora 1.3 acre tract of land located along Lloyd Circle. The replat is to incorporate an
unplatted 7.5 foot utility easement into Lot 1, Block 1. The property owners are also
requesting this replat to create a new subdivion to be named the Clarke Estates Addition
and will be developed as residential.
Zoning. The property is zoned R40-Single Family Residential. The proposed lots meet the
minimum requirements of the R40 zoning district and the Land Development Code.
Existing Conditions. The subject property is currently platted as one lot. The properties to
the north, south, east, and west are zoned R40-Single Family Residential.
Summary. The owner's surveyor has addressed all Development Review Committee
comments. The proposed development satisfies all requirements of the Land Development
Code. This plat only requires approval by the Planning and Zoning Commission.
Recommendation
Approval
Status: Commission Public
Hearings
Controlling Body: Planning and
Zoning
Commission
City of Colleyville Page 1 Printed on 3/25/2011
Location and Zoning Map
Notification List
OWNER NAME
OWNER ADDR
OWNER CITY OWNER
STATE OWNER
ZIP
SITUS ADDR
Porter, Gregory G & Julie D 317 Lloyd Cir Colleyville TX 76034 000317 Llo d Cir
Leroux, Daniel Etux Catherine 313 Llo d Cir Colleyville TX 76034 000313 Llo d Cir
Henderson, William Etux Daphne 312 Chestnut Bnd Colleyville TX 76034 000309 Lloyd Cir
Larry Stewart, applicant P.O. Box 1497 Colleyville TX 76034 applicant
Public hearing notices were mailed
on Friday, March 11, 2011 by Amy
Shelley
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Cit of Colle~/ville 100 Main Street
Colleyville, Texas 76034
~~~~~~ Agenda Briefing 817.503.1000
www.colleyville.com
File Number:
File Type: Case
Status: Commission Public
Hearings
Version: 1
Requester: Community
Development
Department
Agenda Date: 03/28/2011
Agenda No.: 7c
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 5A, Block 2,
of the Andy Felps Addition located at 4205 Colleyville Boulevard, Case ZC11-004
Attachments: Location and Zoning Map Notification List Letter of Opposition Company Overview
Development Review Committee Memo Applicant's Response to the Development Review
Committee Memo Photos Provided by Applicant Site Plan Floor Plan Elevations for
Proposed Future Building at Rear of Subject Property Sign Exhibits Proposed Ordinance
History of Legislative File
Version: Date: Acting Body: Action Text:
1 03/28/2011 Planning and Zoning
Commission
Title
Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 5A,
Block 2, of the Andy Felps Addition located at 4205 Colleyville Boulevard, Case ZC11-004
Explanation
Lanny Wilkinson has submitted a request for a Special Use Permit (SUP) in order to
operate a package store called "5 O'Clock Somewhere Beer, Wine and Spirits" at 4205
Colleyville Boulevard. The proposed package store will encompass 4,406 square feet.
Existing Zoning and Development Conditions. The property is zoned CC3-Highway
Commercial zoning district and is platted. The subject property is currently developed as an
automotive tube shop. Package stores are allowed in the CC3-Highway Commercial zoning
district with the approval of an SUP.
Staff Review and Analysis. Staff analysis of this request is written as if the proposed
request is a new development on an undeveloped site. Therefore, any request by the
applicant that does not meet current Land Development Code requirements is noted below
along with recommended remediation.
Site Plan, Landscaping and Parking
Site Plan. The site plan submitted by the applicant shows the proposed package store to
City of Colleyville Page 1 Printed on 3/25/2011
Agenda Briefing Continued
be a 4,406 square foot remodel of the current building.
Parking. The Land Development Code requires one (1) parking space per 200 square feet
of gross floor area for general retail uses such as convenience stores and package stores.
Based on this requirement, the applicant is required to provide a minimum of 22 parking
spaces. The site plan for the proposed package store shows 27 parking spaces located on
the subject property.
Landscaping. The subject property does not currently meet the landscaping requirements
of Chapter 4-Landscaping and Buffering in the Land Development Code and there was no
landscape plan submitted by the applicant. However, staff did verify that the site contains
approximately 15 shrubs around the existing sign as well as 12 shrubs around the existing
building. No trees are located on the subject property and none along SH26. Therefore,
two (2) trees are required to be planted along SH26. 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, twenty (20) shrubs are required to be planted along SH26.
Staff recommends that the subject property meet the minimum requirements of Chapter
4-Landscaping and Buffering prior to the issuance of the certificate of occupancy. This
provision has been added to the proposed ordinance.
Dumpster Locations. The site plan does indicate an enclosed dumpster location. Staff
recommends that all dumpsters be screened per the requirements of the Land Development
Code. This provision has been added to the proposed ordinance.
Access and Traffic Generation
Access. The site contains two driveway approaches one for ingress and one for egress on
SH26. There is a continuous unprotected left turn lane off SH26 for north bound traffic
turning into the property. No mutual access exists between the subject property and the
adjacent properties.
Traffic Generation. The developer is not required to provide a Traffic Impact Analysis
(TIA), 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. For previous package store cases, staff has
estimated traffic generation based on convenience stores with gasoline sales. Based on
the calculation of a convenience store with gasoline sales, 4,406 square feet of gross floor
area is expected to generate 630 trips per day, on average.
Hours of Operation. The Texas Alcoholic Beverage Code (TABC) 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.
City of Colleyville Page 2 Printed on 3/25/2011
Agenda Briefing Continued
Future Building. The applicant submitted elevations fora 2,786 square foot building to be
constructed at the rear of the subject property when the demand for storage and/or office
space is needed. If this package store request is approved, staff recommends that the
applicant amend the original SUP request to incorporate this proposed future building.
Therefore, this proposed future building has not been incorporated in the ordinance nor has
the building design been scored with this request.
Building Design. According to Chapter 6-Building Design in the Land Development Code,
commercial buildings located in the CC3-Highway Commercial zoning district require a
minimum design score of 20. The applicant has provided building elevations showing
improvements to the building facade. The building, as it is proposed, contains a design
score of 35.
Staff recommends that the entire building meet a minimum design score of 35 per the
elevations provided by the applicant. This provision has been added to the proposed
ordinance.
Basement. The proposed remodeled building will include a 1,861 square foot basement
area to be used as storage for the proposed package store. This 1,861 square feet is
included in the overall square footage for the proposed package store. The applicant states
the basement area may be used for display space in the future. However, the applicant will
be required to install an elevator for access to the basement area at that time. The elevator
and basement area will be required to comply with all building code regulations. This
information has been added to the proposed ordinance.
signage. The applicant has submitted sign exhibits for a proposed monument and wall
sign which meet the requirements of Chapter 7-Sign Regulations of the Land Development
Code.
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 proposed 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 Crime Prevention Recommendations for Convenience Stores and Package Stores.
This document has been added to the proposed ordinance as an exhibit.
City of Colleyville Page 3 Printed on 3/25/2011
Agenda Briefing Continued
Public Safety Assessment. The police department has reviewed this item and the
following is a summary of their assessment: the current structure at 4205 Colleyville
Boulevard is an oil change business that is located on the east side of the roadway and
faces west. There is one entrance on the south side of the property and one exit on the
north side of the property. A middle, designated turn lane does exist on Colleyville
Boulevard to facilitate southbound left turns into the property. There are currently four
parking spaces in the front of the business and seven parking spaces at the rear of the
location. The existing structure consists of a small office and three covered bays with
overhead doors. There are no residences in close proximity to the business and it is not
situated near a major, signalized intersection. The proposed site is approximately .7 miles
south of the approved Goody Goody package store located at 4701 Colleyville Boulevard. It
appears that substantial modifications would be necessary to transform the existing
structure into a package store that would conform to crime prevention through
environmental design best practices and comply with the approved crime prevention
recommendations for package/convenience stores.
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: 179 feet
Distance to closest school: 650 feet
Distance to closest church: 650 feet
Distance to closest day care: 650 feet
Distance from other active package store locations approved and pending:
Hall's Wine and Spirits -Approved 3.9 miles
Tivoli Wines -Approved 1.2 miles
Goody Goody -Approved 1.0 miles
Bear Creek Spirits and Wine -Approved 3.3 miles
Tri-City Spirits -Approved 1.7 miles
Mirage Fine Spirits -Pending 0.4 miles
Fossil Creek Liquor -Pending 2.1 miles
Surrounding Properties. The adjacent property to the north is zoned CC3-Highway
Commercial and is developed as a car wash. The adjacent property to the south is zoned
CC3-Highway Commercial and is undeveloped commercial property. The adjacent property
on the east is zoned PUDC-Planned Unit Development Commercial and is currently
developed as an office. Properties to the west are in the City of Hurst and are developed as
retail and office properties.
Master Plan. The Colleyville Master Plan designates this property for future retail uses.
City of Colleyville Page 4 Printed on 3/25/2011
Agenda Briefing Continued
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 33 property owners within 500 feet of the subject
property regarding this request Notice was published in the Fort Worth Star-Telegram as
required by state law and the Land Development Code. Staff has received one letter of
opposition, within the notification area, regarding this request.
Staff Analysis and Summary of Recommendations. Staff has written the proposed
ordinance such that it contains all recommendations specified in the briefing. The following
is a summary of staff recommendations:
- All landscaping shall meet the minimum requirements of Chapter 4-Landscaping and
Buffering in the Land Development Code
- The building shall meet a minimum design score of 35 per the elevations submitted by the
applicant
- All signs 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)
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) 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.
- All dumpsters shall be screened per the requirements of the Land Development Code.
- All package stores shall be required to comply with the attached Crime Prevention
Recommendations for Package Stores and Convenience Stores. This document has been
added to the proposed ordinance as an exhibit.
The following is an analysis of the request, as submitted by the applicant, in terms of
compliance with current Land Development Code and Code of Ordinance requirements as
specified below:
Complies with parking regulations? Yes
Complies with landscaping regulations? No
Complies with sign regulations? Yes
Complies with minimum building design score? Yes
Complies with outdoor storage restrictions? Yes
Traffic Impact Analysis required? No
Proposed Use is over 300 feet from church, school & hospital? Yes
City of Colleyville Page 5 Printed on 3/25/2011
Agenda Briefing Continued
Recommended Actions
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
proposed ordinance);
2. Recommend approval of the request with additional condition(s);
3. Table 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 3/25/2011
Location and Zoning Map
Notification List
OWNER NAME
OWNER ADDR
OWNER CITY OWNER
STATE OWNER
ZIP
SITUS ADDR
Bi io, Earleen Etal 121 Acuff Ln Colleyville TX 76034 000107 Acuff Ln
Barrett, Ra mond S 120 Acuff Ln Colle ille TX 76034 000120 Acuff Ln
Bi io, Earleen Etal 132 Acuff Ln Colle ille TX 76034 000121 Acuff Ln
Byerly, Mimi & Jeffrey S 7109 Pebble Hill Dr Colleyville TX 76034 000125 Acuff Ln
Crombie, Phillip Etux Kymberle 128 Acuff Ln Colleyville TX 76034 000128 Acuff Ln
Lindsey, Vicki 129 Acuff Ln Colleyville TX 76034 000129 Acuff Ln
Wilks, Earleen Fay 132 Acuff Ln Colleyville TX 76034 000132 Acuff Ln
Moore, Joe Etux Pe 133 Acuff Ln Colle ille TX 76034 000133 Acuff Ln
Greer, Joel 4005 Fel s Dr Colle ille TX 76034 004005 Fel s Dr
Gomez, Josetto S 4008 Felps Dr Colleyville TX 76034 004008 Felps Dr
Bratton, Billy W 4009 Felps Dr Colleyville TX 76034 004009 Felps Dr
Morrison, Sandy Etvir Michael 4012 Felps Dr Colleyville TX 76034 004012 Felps Dr
Caunitz-Lucas Llc 4008 Steeplechase Dr Colleyville TX 76034 004013 Felps Dr
French, James E PO Box 550 Tioga TX 76271 004100 Felps Dr
Budri, Aziz 4101 Fel s Dr Colleyville TX 76034 004101 Fel s Dr
French, James E PO Box 550 Tioga TX 76271 004104 Felps Dr
Bigio, Earleen Etal 121 Acuff Ln Colleyville TX 76034 004105 Colleyville Blvd
McKeown, William C Etux Sylvia 4105 Felps Dr Colleyville TX 76034 004105 Felps Dr
Mahdato, David A 4109 Fel s Dr Colleyville TX 76034 004109 Felps Dr
Romine, Laquita Joy PO Box 97 Colleyville TX 76034 004113 Fel s Dr
Bi io, Earleen Etal 121 Acuff Ln Colle ille TX 76034 004117 Colle ille Blvd
T Marie Mauldin Llc PO Box 584 Colleyville TX 76034 004121 Colleyville Blvd
Lake, Kathy L 4125 Collyville Blvd Colleyville TX 76034 004125 Colleyville Blvd
Callahan, Jimmy 5019 Bluebonnet Rd Colleyville TX 76034 004201 Colle ille Blvd
Ruthart, Iona PO Box 222 Colleyville TX 76034 004201 Felps Dr
Grapevine Express Wash Lp 312 W Northwest Hwy Grapevine TX 76051 004205 Colleyville Blvd
Kni ht, Earnest G 21619 Old Hi hway 105 Cleveland TX 77327 004205 Fel s Dr
Auto Wash De of Centers 14 Summer St Ste 302 Malden MA 02148 004207 Colle ifle Blvd
Shamrock-Rental Properties Lp PO Box 92879 Southlake TX 76092 004209 Colleyville Blvd
Midbelt Properties Lp 2718 Fairmount St Dallas TX 75201 004211 Colleyville Blvd
Westlake Jv Inc PO Box 92519 Southlake TX 76092 004213 Colleyville Blvd
City of Hurst, Planning and Zoning 1505 Precinct Line Rd, Hurst TX 76054 courtesy notice
Lann Wilkinson, a licant 214 W. Northwest Hw Gra evine TX 76051 a licant
Public hearing notices were mailed on Friday, March 11, 2011 by Amy Shelley.
Letter of Opposition
March 20, 2011
Community Development Department
City of Colleyville
100 Main street
Colleyville, Texas 76034
RE: Zoning Case # ZC11-004
4205 Colleyville Blvd
To whom it may concern:
I am unable to attend the Planning and Zoning Meeting March 28, 2011.
I would like it known that I do not believe that this is in the best use of the
said property. There are multiple business in this southern section of town
that are able to sell alcohol. I do not believe that another is needed.
Thank you for listening to my opinion.
Earleen Bigio
132 Acuff Lane Residence
121 Acuff Lane property owner
107 Acuff Lane Property owner
4117 Colleyville Blvd Property owner
Colleyville, Texas 76034
817 538 4431 cell
RECE-°~"~_p
~ 2 4 2Qit
Per .............
Company Overview
5 O' Clock s~
Beer, Wine and Spirits
Company overview
S O' Clock Beer, Wine and Spirits is a retail Store that provides wine, spirits, beer and ancillary items for
sale to its customers. The retail store will be open from 10am to 9pm Monday through Saturday. We
plan to employee 5 people outside of management. Furthermore, we plan to utilize technology to both
enhance the customer experience and provide value added service to our customers. The expected
economic impact of the facility is as follows:
Current Proposed Future
Building square footage 3722 4406 7186
Property Taxes $10,377 $30,156 EST. $50,000 EST.
Sales Tax $9,019 $123,750 $123,750
Other economic issues related to the property are as follows:
1. The property is currently zoned automotive and surrounded by industrial type uses. This
project would eliminate an automotive center. Furthermore, the property would remain retail
and or office even if it the liquor law was repealed.
2. The current use of the property is not the highest and best use of the property. This proposal
would maximize the property and improve the site, and improve the south entrance to our
city.
3. Most of the traffic will come from outside of Colleyville, thus bringing new sales tax dollars into
the city that are currently going to Ft. Worth.
The automotive use currently on the site is not an economically viable business and thus the facility has
become an eye sore. This project will dramatically change both the outside and inside of the facility.
5 0' Clock Beer, Wine and Spirits recognizes the need for a high level of security in package stores. We
will be adopting all of the Crime Prevention Recommendations for Convenience Stores and Package
Stores as recommended by the City of Colleyville (see attached). As well as the following:
• Monitored security alarm with contact alarms on opening.
• Visual line of site to all entrances and exits from the pos.
• Visual line of site to all vehicles entering and exiting the facility
• Cameras monitoring all vehicles entering and exiting the property.
• Cameras monitoring all retail space and storage areas.
• Cameras monitoring all parking and covered loading areas.
• Cameras monitoring the front and sides of facilities
• All cameras will have remote viewing.
5 O' Clock Beer, Wine and Spirits estimates its annual sales to be approximately $1,500,000. The
estimated average ticket is $30. With the traffic being approximately 120 people per day Monday-
Thursdayand 240 people per day Friday and Saturday.
5 O' Clock Beer, Wine and Spirits is located in the most southern part of the city, has no residential
neighbors and has the greatest distance of any existing package stores to schools, parks and municipal
buildings making it an ideal location for a package store (see attached mapj.
We have extensively tried to come up with a name that is both marketable and representative of the
business and market we serve. Several people with extensive marketing background have been
consulted and the following is a list of names that have been proposed and are listed in order by ones
rating better.
5 O' C~OCI( SarawEe.e Beer, Wine and Spirits
InFUSe Beer, Wine and Spirits
FUS1011'S Beer, Wine and Spirits
01111-N Beer, Wine and Spirits
L&L Beer, Wine and Spirits
The building on the back of the property will be built when the demand for storage and/or office space
is needed. While it will have no direct impact on safes tax it will directly impact the property tax value.
The proposed future building will only be built if needed to ensure future growth. This building could be
used should we decide to open a class b distributorship. While the likely hood of this is very low due to
the overall economics of class b distributorships we are considering it as a potential future expansion.
Therefore one could say, if it is needed to continue to grow sales and then sales taxes will increase,
The covered loading area is not a drive through! There will be no drive through window and none is
planned or wanted in the future. The purpose of the covered loading area is to have a covered area to
rapidly load and serve customers that have preordered their purchases. Also, we will use this area to
load and unload presorted orders for our delivery customers. Our intention is to provide a level of
service and convenience to our customers rarely offered in this industry.
The screened area adjacent to the sign has been removed. Its purpose was purely cosmetic. It is,
however, important to note that landscape is being added to the front of the building and four parking
spots are being removed to facilitate this.
The basement area will initially be used as storage. Should the business grow and we require additional
display space, we could expand the basement into a full wine cellar with large tasting tables or close it
aff completely from the upstairs and have a whole different use.
We redesigned this building and property with the following goals in mind:
• Eliminate the current automotive use for both now and in the future.
• Provide a high level of service and convenience to our package customers.
• Allow for flexible use/growth, in the future, as a package store orretail/office.
• Provide the highest and best use of the property.
• Start redevelopment in an older industrial section of highway 26.
It is important to note that the new building would not only meet the needs of a package store, but
could easily be converted to some other form of retail or office should that be deemed the highest and
best use in the future.
We would install the elevator when either the downstairs became a wine cellar or the building was
converted to office/retail.
CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE February 28, 2011
TO LANKY WILKINSON
FAx 817.416.3799
FROM Amy Shelley, Community Development Coordinator
SUBJECT ZC11-004 SUP for package store located at 4205 Colleyville Blvd.
The Colleyville Development Review Committee (DRC) has reviewed your Special Use Permit
request submitted to this office. The following comments are for your consideration.
The following comments require a response from the applicant:
1. Provide information regarding the opening schedule for the proposed business if this
Special Use Permit (SUP) is approved?
2. Are there any alternative business names for the proposed package store? If so, provide
those details.
3. Provide a crime prevention plan. At a minimum, staff will recommend that the attached
Safety Recommendations for Convenience Stores and Package Stores be adopted as part
of any approving ordinance for this request.
4. Provide signage details that include a detailed, color drawing of all proposed signs, drawn
to scale, relating to the business including location of all proposed signs.
5. What is the purpose of the proposed "future" building?
6. Provide details for the proposed "future" building that includes a color drawing of all
elevations, drawn to scale, as well as materials to be used for the construction of said
building.
7. What is the time line for construction of the proposed "future" building?
Provide construction material details regarding the renovation of the existing building, i.e.
wood, masonry, concrete, metal etc.
9. Provide details regarding the covered loading area. What is the purpose of the covered
loading area? Will there be a drive-thru window in this covered loading area?
100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050
DEVELOPMENT REVIEW COMMITTEE
ZC11-004 SUP FOR PACKAGE STORE
10. What will be located in the screened area adjacent to the proposed sign? The drawings
indicate some type of fixtures in this area.
11. Provide details of the basement area such as the use of this area and a proposed floor plan.
12. The floor plan for the existing building indicates a future elevator. What is the time line
for said "future" elevator with regards to construction?
13. Clearly mark all areas on the exhibit. Are the grayed areas windows? This will ensure the
correct calculation for building score evaluations.
14. Correct details in the Company overview such as "fishable" in the first paragraph.
15. Will the sales tax for the proposed and future remain the same as indicated in the
Company overview?
16. Explain the details regarding opening as a class b distributorship in 2013 as indicated in
the Company overview.
17. Clarify the number of patrons per day (the Company overview lists Friday twice).
18. The change in use for the subject property will require the building to be compliant with
current building codes with regards to handicap accessibility, electrical, plumbing,
mechanical, energy code, etc. Please contact Bill Elliott, Building Official at
817.503.1054 regarding these requirements.
19. Any new construction to the existing building would have to comply with all building
setbacks. It appears that the new screening addition, attached to the existing building,
extends over the front building line.
20. The 24 foot wide, with a vertical clearance of 14 feet, required for the subject property,
may not be blocked during the construction and must be clearly marked on the covered
loading side of the subject property. Currently, the 24 foot driveway is not marked clearly
on the covered loading side to indicate that it is truly 24 feet. Please contact Rob
McKeown, Fire Marshal, at 817.581.4591 regarding this requirement.
21. A traffic impact analysis may be required as a condition of approval of this SUP.
22. Staff will require all development conditions to meet current Land Development Code
requirements with regards to the CC3-Highway Commercial zoning district.
23. A third party report must be submitted, prior to the issuance of a building permit,
regarding environmental issues, i.e. petroleum spills, etc.
PAGE20F3
DEVELOPMENT REVIEW COMMITTEE
ZC11-004 SUP FOR PACKAGE STORE
TENTATIVE PUBLIC HEARING SCHEDULE
Planning & Zoning Commission: Monday, March 28th, 2011 at 7:00 p.m.
City Council: Tuesday, April 19t" and May 3`d, 2011 at 7:30 p.m.
Please sign the Record of Acknowledgement provided below and submit it with the following to
our office:
^ A written letter stating that each comment has been addressed or stating reasons why the
requirement should be modified or waived;
^ 10 full size copies of the any exhibits;
^ 1 reduced copy (8.5x11) of the exhibit.
^ The above requested items must be submitted in order for any public hearings to be scheduled
no later than noon on Monday, March 14th, 2011. This item will not be scheduled for the
Planning & Zoning Commission meeting until all items are submitted and/or addressed.
Please contact me at ashelleyja,colle~ville.com or 817.503.1051 if you have any questions.
I2etccracl of ackno~vlecigement
I lra~~e read the 17evelo~rrrerrt Rei>ie~Y= C.orrarrrtttee rrre»ro rn its entiretp* arr~' frrllz~ aclcrroii~led~e
all cnrnments that lzm=e been presented lrereirr. I als~r rrrrderstarrd that if rre~rx~ nfearmc7tiorr
becQ»res mailable or the request is alter-ed fmrrr x~laat 1~Tas aa-igrrrall~~ s2rbrnitt~i to the
Garrrmursrt~• Developrrrerrt 17epartrnerrt, the case maS;, be sarbaect ter further- r-euietiy= acrd
additional requirerrrerrts rrot irrclrrdsd w°itlran tlrrs memo,
Printed Name
Signature hate
PAGE30F3
Applicant's Response to the Development Review Committee Memo
Response to Development Review Committee
The following is the list of responses to the DRC dated February 28, 2011.
1. We anticipate opening late Fali 2Q11.
2. See Overview, page 2.
3. See Overview, page 1.
4. Drawings provided.
5. See Overview, page 2.
6. Drawings provided.
7. See Overview, page 2.
8. Drawings provided.
9. See Overview, page 2.
10. See Overview, page 2.
11. See Overview, page 3.
12. See Overview, page 3
13. Drawings provided.
14. See Overview, page 1.
15. See Overview, page 1.
16. A Glass b distributorship is one of many permits issued by the state. Specifitally it allows for
distribution to restaurants. While the possibility that we would do a class b distributorship is
very low, we may apply for this or many other licenses with regards to the sale and distribution
of packaged goods.
17. See Overview, page 3.
18. Acknowledge
19. Acknowledge
20. The Fire Code allows for a hammer head, see drawings.
21. Acknowledge
22. Acknowledge
23. There is no state or federal laws pertaining to spills of petroleum on concrete in either a
residential or commercial setting. Sinte the existing facility is a lube center no report can be
done saying no spills have occurred, because they have. Neither the federal or state has levels
of contaminates relating to oil spilt on concrete. We intend to acid wash the facility and either
apply a concrete vainer, the or paint to all surfaces.
Sincerely, /
Lanny W' inson
DEVELOPMENT REVIEW COMMITTEE
ZC11-004 SUP FOR PACKAGE STORE
TENTATIVE PUBLIC HEARING SCHEDULE
Planning & Zoning Commission: Monday, March 28th, 2011 at 7:00 p.m.
City Council: Tuesday, Apri119th and May 3`d, 2011 at 7:30 p.m.
Please sign the Record of Acknowledgement provided below and submit it with the following to
our office:
^ A written letter stating that each comment has been addressed or stating reasons why the
requirement should be modified or waived;
^ 10 fiill size copies of the any exhibits;
^ 1 reduced copy (8.5x11) of the exhibit.
^ The above requested items must be submitted in order for any public hearings to be scheduled
no later than noon on Monday, March 14th, 2011. This item will not be scheduled for the
Planning & Zoning Commission meeting until all items are submitted and/or addressed.
Please contact me at ashelle~(cr)colleyville.com or 817.503.1051 if you have any questions.
Record of Acknowledgement
I have read the Development Review Committee »9emo in its entiret~r and,trlly acknowledge
all comments that bane been presented herein. I also understand that ~ now information
becomes available or the request is altered from Kjhat was originally submitted to the
Community Development Department, the case may be subjact to further review and
additional regtrirements nvt irreirided x~thin this memo.
~~~ x~
signature nsr~
RECEIVED
Mph ~ 4 2011
Per .............
PAGE30F3
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ORDINANCE 0-11-XXXX
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 5A, BLOCK 1, OF
THE ANDY FELPS ADDITION LOCATED AT 4205 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. ZC11-004; 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
5A, Block 1, of the Andy Felps Addition located at 4205 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 depicted on Exhibit "A" and described in Exhibit "B".
b. The package store authorized by this Special Use Permit shall not
exceed 4,406 square feet in size.
2. LANDSCAPING
a. 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) the new monument sign and wall sign shall be generally
consistent with Exhibit "D"; (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
Ordinance 0-10-xxxx
Page 3 of 4
removed in its entirety at the expense of the business and/or property
owner within thirty (30) days of abandonment.
4. GENERAL DEVELOPMENT REQUIREMENTS
a. All buildings located on the subject property shall, at a minimum, meet
a minimum design score of 35 prior to the issuance of the certificate of
occupancy for the package store. The design of the package store shall
be generally consistent with Exhibit "E".
b. The basement area and elevator installation shall be required to comply
with all building code regulations.
c. All dumpsters shall, at a minimum, be screened per the requirements
for dumpster screening in the Land Development Code.
d. Any drive-through windows associated with this development are
hereby prohibited.
e. The package store authorized by this Special Use Permit shall be
required to comply with all provisions of the attached Exhibit "C".
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.
Ordinance 0-10-xxxx
Page 4 of 4
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
2011.
The second reading and public hearing being conducted on the day of
2011.
ATTEST: CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit "A" -Location and Zoning Map
Exhibit "B" -Statement of Planning Objectives
5 O' Clock
Beer, Wine and Spirits
Company overview
5 O' Clack Beer, Wine and Spirits is a retail Store that. provides wine, spirits, beer and ancillary items for
sale to its customers. The retaii store will be open from loam to 9pm Monday through Saturday. We
pion to employee 5 peopte outside of management. Furthermore, we plan to utilize technology to bath
enhance the customer experience and provide value added service to our customers. The expected
economic impact of the facility is as follows:
Current Proposed Future
Building square footage 3722 4406 7186..
Prgperty Taxes $1x,377 $30,156 EST. $50,000 BST.
Sales Tax $9,019 $123,750 5123,750
Other economic issues related to the property are as follows;
1. The property is currently zoned automotive and surrounded by industrial type uses. This
project would'. eliminate an automotive tenter. Furthermore, the property would remain retaii
and or office even if it the liquor law was repealed..
2. The current use of the property is not the highest and best use of the property. This proposal
would maximize the property and improve the site, and improve the south entrance to our
city.
3. Most of the traffic viii come from outside of Calleyviile, thus bringing new sales tax dollars into
the city that are currently going to Ft. Worth.
The automotive use currently on the s(te is not an etanomicaily viable business and thus the facility has
become an eye sore. This project will dramatically change both the outside and inside of the facility.
5 O' Clock Beer, Wine and Spirits recognizes the need for a high level of security in package stores. We
will be adopting ail of the Crime Prevention Recommendations far Convenience Stares and Package
Stores as recommended by the City of Coileyville isee attached). As well as the fallowing:
• Monitored security alarm with contact alarms on opening.
+ Visual line of site to all entrances and exits from the pos.
• Visua) line of site to ail vehicles entering and exiting the facility
• Cameras monitoring all vehicles entering and exiting the property.
• Cameras monitoring all retaii space and storage areas.
• Cameras monitoring all parking and covered loading areas.
• Cameras monitoring the front and sides of facilities
• All cameras will have remote viewing.
5 O' Clock Beer, Wine and Spirits estimates its annual sales to be approximately $i,5C1lf,ClW. The
estimated average ticket is $30. With the traffic being approximately i24 people per day Monday
Thursday and 2411 people per day Friday and Saturday.
S O' Clock Beer, Wine and Spirits is located in the mast southern part of the city, has na residential
neighbors and has the greatest distance of any existing package stores to schools, parks and municipal
buildings making it an ideal location for a package store (see attached map).
We have extensively tried to came up with a Warne that is bath marketable and representative of the
business and marltet we serve. Several people with extensive marketing background have been
consulted and the following is a list of names that have been proposed and are listed in order by ones
rating better.
$ (~' CI4CI( S• Beer, Wine and Spirits
Ir11=USe Beer, wine and spirits
~t{SIQ11'S Beer, wine and Spirits
Ehlll-N Beer, wine and Spirits
L&L Beer, wine and Spirits
The building on the back of the property will be built when the demand far storage andJar office space
is needed. While it will have no direct impact an sales tax it will directly impact the property tax value.
The proposed future building will only be built if needed Ca ensure future growth. This building could be
used should we decide to open a class b distributorship. While the likely hood of this is very low due to
the overall economics of class b distributarsh[ps we are considering it as a potential future expansion.
Therefore one could say, if it is needed to continue to grow sales and then sales taxes will increase.
1"he covered loading area Is riot a drive through! There will be no drive through window and none is
planned or wanted in the future. The purpose of the covered loading area is to have a covered area to
rapidly load and serve customers that have preardered their purchases. Also, we will use this area to
load and unload presorted orders far our delivery customers. Our intention is to provide a level of
service and convenience to our customers rarely offered in this industry.
The screened area adjacent to the sign has been removed. its purpose was purely cosmetic, !t is,
however, important to Hate that landscape is being added to the front of the building and four parking
spats are being removed to facilitate this.
The basement area will initially be used as storage. Should the business grow and we require additional
display space, we could expand the basement into a foil wine cellar with large tasting tables or close it
off completely from the upstairs and have a whole different use.
We redesigned this building and property with the following goals in mind:
+ Eliminate the currerrt automotive use for both now and in the future.
+ Provide a high level of service and convenience to our package customers.
• Allow for flex#bleose/growth, in the future, as a package store ar retailJoffice.
• Provide the highest and best. use of the property.
• Start redevelopment in an older industrial section of highway 26.
it is important to mote that the new building. would not only meet the needs of a package stare, but
could easily be converted to same other form of retail or office should that be deemed the highest and
best use in the future.
We would install the elevator when either the downstairs became a wine cellar or the building was
converted to office/retail.
Exhibit "C" -Site Plan
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Exhibit "D" -Sign Exhibits
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