Loading...
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 ~'.5f~' ~i~. __ __~ f.......... :.. ,. ~/ ~l,~ i ~ '_~ Meeting Agenda Monday, March 28, 2011 6:15 PM City Council Chambers Planning and Zoning Commission <., ~,~_ _ _ City of Colleyville 100 Mlain Street ~'"~~r~ ~ ~ Colleyville, Texas 76034 ~,~.3. ' ~ Meeting Agenda 817.503.1000 ~;.;,_~ www.colleyville.com 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 ~~~ ~- ~ ~ - r~~~.~, 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 ~a ,_ ~; ~,~ "~ 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. City of Colleyville Page 1 Printed on 2/10/2011 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. City of Colleyville Page 2 Printed on 2/10/2011 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. City of Colleyville Page 3 Printed on 2/10/2011 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 City of Colleyville Page 4 Printed on 2/10/2011 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. City of Colleyville Page 5 Printed on 2/10/2011 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 City of Colleyville Page 6 Printed on 2/10/2011 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. City of Colleyville Page 7 Printed on 2/10/2011 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. City of Colleyville Page 8 Printed on 2/10/2011 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. City of Colleyville Page 9 Printed on 2/10/2011 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 City of Colleyville Page 10 Printed on 2/10/2011 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 a s P ~~ ~ ~ ~ ~~ g3 tp 'zE Z ~ R ~ ~~Z~ ~ mPi t~ ~ 4ia~ 7! 3aq y 3P 47I S a~~eR F aRB ~ $ ~B(gkyp ~ s~~ ~~~!~~ ~ $~ ~2~ ~~ ~ GulSi ~~ ~E~ q~ ~ i yf ~~~ g~ ~~ ~ '~~ Z~] 24=44 $~ FR~ is E$ EI ~p~@E~e ~~ 5 ~% 9~s9 5S3 ~~ 2~~~ 9~9 ~~~ 9 y y a s a ?f 30 ap c~Ag4s2 ~`yg ~$~ fd 3cL8 ~~~~ ~_" ~'~~ ~g ~~sd ~~a `~~~a~ ~~~ i~ ~~ ~~~ ~~~~ ~~ ~~i ~~~ ~~~~ ~~j a I i ;~ I I .a I ~ ~ I I j a I I ~ ~ iJ ~ I I I LLm I ~° I ~ I I I ; 5 ~I i „ I ~ :~ I I Ir; I d v O ~ ~ I " l II W - I- ~ I ~p s~ . ~~ II ~ Si I } C) X13 ~ ~ ~I U ~ ~~~o ~ ~I ~~, I >I~ O ~ ~~ ~I Ig I~ l a ~ , L ~ N v J .~ I ~" ' I ~ ~ ~I ~£L'66Z M.SI .8£ e00N ~ 1 _~ $ ~ ~' - ~= I ~~IB$ I IC I I ~I y ~~ I ~ ~ § I I I ~ ~ a¢ ~d rc i la I I I I ~ I 1 i I I I I ~ I I I I I a .~~a~$ ~~ ~6~~~ ?~g~ ~~~ ~~~~4~a~~ R ~~ I € ~m 33g~~ ~ °~a ~~~ i ~ ~ ~ ~ aPgB~~~~~P~ g~p ~ ~ J 4 ~ 9~a ~~6~~~ 2 ~ 6~ €~e~ ~ E'b12~~SS~ ~ ~ w~ ~~~ ~ ~€ ~~~~ $~ ~~a ~~ - '~----~BL'6£b 3„5£.0£,105------- - - - - - - - - - - - - - - ~ - a E ~E ~# ~E uuum~~Fa ~E I 2 ~ I ~' ~ ~ s a°i ~ m ~"qq *~~ ml Q ~gaG L .- ~ $5555 U ^ Na O ~~ J ; I I I I I I .98'8£b M.S£ .0£ >LON 2 ~~ a~p ~3~0 ~~s°g s~ ~U _____________ _f _ ~ - ___________ _________ ~ I I L_1 ~ i g~ ~ I ' I • ~~rc I I ~g6 § ~g~mF ~ 4 ~ ~> ~Z S' I I ~ I y ~ _ ; I ~ 5~ ~ I ~~ ~ ~ ~ ~ e ss ~ ~ ~ d' && s 5~ g ~8~~ g o .~ ~ ~ e 5 ti ~ ' 68 $ a _ 9 ~~~~ N ~ i ~ ~ g ~ ~ ~# Z "wa ~ d u m ~ p ~ ~ ~ f ~ ~ a ~ I ~ ~ $ ~~~ 8 u ~ 5 ' n ~~: ~~ a C ~ ~ p ~ ~Ei; :. ~ £ ~ ~y~~~$##~~~~s d f8'i~OO~OO1t•~~ 1~Ms ~ ~dd ~r~ 1~~x ~~~ ~E~ ~~ m j ~~~~ I 0~~~~m a~~~=w I L vii ~ ml S~ ~ :__~ ~~ .~ a ~' ~ ; I O~ ~~ ~~ d NI ~~ i m C P 8 s o' 4 i ~~~ sFa ° rn= 62 E~' ~~ ~ ~v; J °rn= ac ie m°w~ ~~t i ~~ DO ~ 8J ~~,e 00~ d'~. ~ ~ { ~S U~s ~~ ~ da „~~ ~,_~ ;~ 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 a~ it ! ~~ ! ~~ ~ F t yy! i~ ~~ ~ t ~~~~ ~I ~~~ ~~~ : ;l~a! - !Qt !a~ ~ !- t a }e ti a N ~~t i~I t ~~~ ~ ~ Ul a~ ~~' lA~t~~! b ^ ,~ , ! ~t 1i ~tti - le~~ i ~ ~i~~ i ~ V ~ ~~~ `~r~ ! ~ ~~t~~ ~~ 1 ,,.~ ; ~ E,.~ ; ~ ~ ~~ 0 ~~EIe j xx ~~t ~ ~ ~ 1Y ~~~t ~ ! ~ - ~ .- ! W h~ h a Z ~ ~; ~ ~ '~ d N ~ti- f ''[ (~j s~e~t t5 ~~~~~ ~ ! E.,E ~~~ ~ ~ «~z ~~ ~~ ~~~_ g~ A 4° fIF ~ ae 8 ?~ ~ ( 1 r 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 Site Plan Floor Plan r ~ \\ t! ~ k ti t y1 ! [ ll S i-. 9~ 2€ ~j ,,; ~ ~ t ~y~ e ~~ ~~ ~ t ~1 €1\ j ~ ~ ; GQ ~~. ~LL • ~ r ~ -v-- ~ ~~ ~ k ~ X t'`_ ilk ~' -~ ti ~ t ~ ` i i Y ~ ~~ ~ ,. Y~ ~ ~ - J i j~ - ~~~ '~ ' f~ I - k ' ~~ ~ - __.__ ~ 1 s E - _ _. ~~ ~i - Yk __.i I ~ _ - 1__ _ I % ~ ; t ~' 1, ~ ~= i r s ~ ~" j ;. x; ~ ~ i~ ~: ~~ r 's# ~`_ ; ~ ; . I >Y v 1i ~.~ ` a if .- ~ t 4- 4- C ~ i ~ ~~, c ~,- z ~ ,±~ ~ s i ~~ ~ ~ ~- ~ ~ f "" ~ ,,, _... ~..~.~. i ~~ ~- ' i, S ~ '~ i ~ Y 1 ,~~ 2 S 7 j f ~ I i i `~ t` OA~E 3lIAA3'I'10~ Q .~ M a a / W /~ ~ ~~~~~" ~ ~~~ O "j Q s z aF a, u sr tl o~" . ~~ 4 Z ;PS~i C o ~i~ LL = Z M H Elevations for Proposed Future Building at Rear of Subject Property ~x;.,:: O ~c~3F r i. s~s~;3 o k~~,d z. ti~J~3 U -. Z' f J 7 m w _": 5 (~ 1 ~ ` ~" t~F~^j~ ~ zaK .. r''_:. Z_. _ N Sign Exhibits f ~~ N C .... O _~ ~ d •C ~ ~ ~_ ~ .3 ~~' ~ co o 'Q ~ ~ C1 ~'' C O i ~~ N N ~ ~ C N ~ N '~ V 4.. y ~ 3 to ` C O t0 d V ~1 y' N T # i ~~~ ~~~~ ~~ a ~ ~ ~ ti' a y~P ~ ~ 3 L: J ~~ ~a~ o~ ~~ }i f~.'.~l` -. ~i ~ris qc ~.: t ~r z y ~3.~~~ a ~~,."i `- 6 ~ ,, 4~4 ~$, n_ ~ :'~3€: e ~_ ~. ';t'~ ~# P d j ~` Y ~3 mfr "~ '' ¢`~~ 7 r + ~~_E i ~~ ~y f ~_~ - ~ ~ _ _ k i~ ~% ~~~~~ ' ~ _ ,. , 4 S- :~~ - ~~; ~k- I ~_ y` , ~-:- ~~ t~ '~.E g ~ ~~ ~ g . ~ _ ~ ~ r F ~ ' ~ rn3' ~ r - }"~ is ~ ~ y~r'# ~_r~~, . X18 Q ~ ~ u. «: w ~~ ~~ u~ ~: ~ ~ .~ ; ~# s~s ,~g ~ '; ~"` x R 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 ~~~ ~~ ~. Y a ~~ ~~ ~ : ___ ~. . + ~ ~ ~ ~ ~ x L.• -r} 3 i i ~ w.~; ~. ~' ~ ~.1 v ~ = l r 1 a ~ l j ~~ ~ 4. ±~ t ~ t I , ~ ~ /~ ~ ~ t t - ~ I ~ ~ 1r ~ i. j~ t' ~~ ~ I ~ ~ ~~ 1 ~ 7= r'4 ! r ~ r 7 ~-'~ . g • c + i t .,~ •' ~.. ; ~ ~ Z I +C I ~ ~ / ~ I ar v W ~~ I ~~ ~+,~ ~ ~ `I .. :.~... i. , ,; y Exhibit "D" -Sign Exhibits 14ft 5 o'clock D~C~G3 ~ C~OG']Q £?3 ~p~G304~3 ~~~' C+~lumns are 18" wid+a ~ ~ base is Z4" ta11 ~~ ~: Vertlcai' plane Ot ~igr1 i~ ~~ 2" off set foam base 8~ cc~lumna Exhibit "E" -Building Elevations x o ~ , K S '. .:: ~.:. t g t ~i ~ } ~~ '~ , ~' ~ C