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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-4/25/2011City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~.;,, ~,; -_~ r _, t,ti4`ti. Meeting Agenda Monday, April 25, 2011 6:15 PM City Council Chambers Planning and Zoning Commission City of Colleyville f~ . ~~ `~r~~~ ... ~~~~~~ " Meeting Agenda ,:..., Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, April 25, 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 2. ROLL CALL 3. INVOCATION Commissioner Knox 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES March 28, 2011 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a request for a minor plat on 0.6 acres on Tract 3BB, Abstract 1038 of the Hall Medlin Survey located at 7408 Jo Will Street, Case PC11-004 City of Colleyville Page 1 Printed on 4/21/2011 Planning and Zoning Commission Meeting Agenda April 25, 2011 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a Special Use Permit for a Package Store on Lot 4B, Block 1, of the Brown Trail-West Addition located at 4405 Colleyville Boulevard, Case ZC11-006 8b Approval of a request for a Special Use Permit for a Package Store on Tract 1 D, Abstract 1154, of the R.N. McEwing Survey located at 8070 Precinct Line Road, Case ZC11-007 9. ApJOURNMENT I here on Th ertify thd~bove agenda was posted on the bulletin boards at City Hall ay, April 21, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 2 Printed on 4/21/2011 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com (",1E1' iif .~',r. I - - j ~~ t ~ !"r~~;~; Minutes -Draft Monday, March 28, 2011 6:15 PM City Council Chambers Planning and Zoning Commission ~'~ City of Colleyville ~'{~~~~~~ Minutes -Draft 7'~~.~ Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com 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, City Attorney Michael Kallas explained that the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.076, Deliberate security personnel, devices and audit. He further explained that there would be no decisions made or actions taken during this time. The meeting wa recessed at 6:51 p.m. into executive session and reconvened into open session at 7:05 p.m. 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 March 28, 2011 at 7:08 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, Marty Wieder, Jeremy Hutt, Jackie Reyff, Rob McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Davis. 4. PLEDGE OF ALLEGIANCE City of Colleyville Page 1 Printed on 3/31/2011 Planning and Zoning Commission Minutes -Draft March 28, 2011 5 APPROVAL OF MINUTES Commissioner Rotthaus meeting minutes with the seconded. moved to approve the January 24, 2011 grammar corrections. Commissioner Davis The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 6. 7. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a replat of 3.6 acres on Tract 2603, 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:14 p.m. There being no one wishing to speak, the public hearing was closed at 7:14 p.m. Commissioner Phelps questioned Mr. John Staab, the applicant, regarding the frontage of the property. Mr. Staab replied more than likely they will have the frontage on Glade Road and the extension on the Highgrove side will be a secondary entrance. Commissioner Phelps questioned Mr. Staab regarding if there are any traffic concerns on Glade Road. Mr. Staab replied that they did not have any concerns for traffic with regards to entrance to the property. Commissioner Phelps questioned Mr. Staab regarding if there will be only one residence on the subject property. Mr. Staab replied yes. Commissioner Davis questioned Mr. Staab regarding if the new structure will be faced on Glade Road. Mr. Staab replied yes. Commissioner Phelps moved to approve case PC11-002. Commissioner Rotthaus seconded. City of Colleyville Page 2 Printed on 3/31/2011 Planning and Zoning Commission Minutes -Draft March 28, 2011 The motion carried by the following vote: Aye: 6 -Knox, Wheelwright, Davis, Rotthaus, Phelps, Byerly Nay: 1 -Dudziak 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 Jackie Reyff presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:18 p.m. There being no one wishing to speak, the public hearing was closed at 7:18 p.m. Commissioner Phelps questioned staff regarding clarification on the zoning district for the properties. Jackie Reyff replied the properties are zoned R40-Single Family Residential. Commissioner Byerly moved to approve case PC11-003. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding the future expansion of SH26; will there be a dedicated left turn lane or a median? Ron Ruthven replied the future expansion shows a median in front of the property. Commissioner Byerly opened the public hearing at 7:24 p.m. Lanny Wilkinson, 3724 Lakeridge Drive, Grapevine, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Wilkinson regarding if there are any cross access agreements planned to the adjacent property for any future development. Mr. Wilkinson replied he has not had that discussion with the adjacent property. He stated he spoke with the Fire Marshal and the Fire Marshal stated the driveway and access will have to meet code requirements. He stated he could work with the adjacent property but does not know, at this time, and that he does not have an City of Colleyville Page 3 Printed on 3/31/2011 Planning and Zoning Commission Minutes -Draft March 28, 2011 issue with the requirement in the ordinance. Ron Ruthven stated the point of the cross access easement is to allow ingress and egress options. Mr. Wilkinson questioned staff if the easement is something that has to be done now or can this be something done in the future with new development? Ron Ruthven replied it can occur with new development. Commissioner Rotthaus questioned Mr. Wilkinson regarding if there will be multiple entrances to the building. Mr. Wilkinson stated there will be three points of entry, with the primary entrance in the back. Commissioner Phelps questioned Mr. Wilkinson regarding what defines the use and purpose of the future building. Mr. Wilkinson stated the future building is to be constructed if the package store is successful to maximize the use of the property. There being no one wishing to speak, the public hearing was closed at 7:45 p.m. Commissioner Rotthaus stated having issues with the public safety of this location because of the entrances on the back side. He further stated that the police will not have visibility to the back of the store. He questioned staff if this causes police any concern? Ron Ruthven stated the police department did a review at the time of the Development Review Committee review. He stated they like the point of sale being visible from a window and this proposal indicates the point of sale is by a window. Commissioner Rotthaus questioned staff if there are any concerns for the layout of the store? Ron Ruthven stated he did not receive any concerns from the police department for the proposed layout of the store. Commissioner Phelps questioned staff regarding what would be the process if the applicant came back for the Commissioners to look at the future building. He further questioned staff regarding if the proposed building should be included in the proposed ordinance. Ron Ruthven stated if the applicant wanted to use this building as part of storage for the proposed package store for a distributor permit, they would need to come back and amend the SUP. He stated the property is currently zoned CC3 and an accessory building could be built to use as storage. He further stated that if the applicant wants to include that building in the proposed ordinance, they will need to provide specifics to the purpose of the building and a time line for construction of the building. He stated the building, as proposed, does meet the design requirements. Commissioner Phelps questioned staff regarding if this case should be City of Colleyville Page 4 Printed on 3/31/2011 Planning and Zoning Commission Minutes -Draft March 28, 2011 tabled until a schedule can be presented for the proposed building or can this be something that the Commissioners can approve with the condition that the schedule is presented to City Council. Ron Ruthven replied either way. Mr. Wilkinson stated he can just remove the future building from the request. He further stated that he would be satisfied with having to come back and request an amendment. Commissioner Dudziak questioned Mr. Wilkinson regarding if there are three entrances to the building. Mr. Wilkinson replied correct. Commissioner Dudziak questioned Mr. Wilkinson regarding if he plans to utilize all three entrances. Mr. Wilkinson replied yes. Commissioner Dudziak questioned staff if the police department approved the three entrances. Ron Ruthven replied yes. Mr. Wilkinson assured the Commissioners that he will have a lot of security cameras. Commissioner Dudziak questioned Mr. Wilkinson regarding if someone orders something online, can they pick the items up in the covered loading area? Mr. Wilkinson replied yes, they will have to show their picture identification and the credit card which was used to purchase those items. Commissioner Dudziak stated not being comfortable with the three entrances and exits; the non-drive thru drive thru, and the need to have a cross access easement with the adjacent property. He stated he would like to have these issues clarified before moving this to City Council. Commissioner Phelps stated being satisfied with what is presented. He stated there is a difference between the drive thru and the covered loading area. He stated he would like to see the cross access easement added to this. He stated if the future building is not included in this proposal, he stated being comfortable with leaving it that way for the applicant to present at a future time. Commissioner Byerly concurred with Commissioner Phelps and stated that the covered area is not a drive thru, it is a pickup area. He stated cars are not going to be cueing up to get a six pack, those orders will probably be more substantial than that. He stated he does see the need for the cross access easement. He further stated he does not see what difference it makes with having multiple entrances and exits; if there is a robbery, the suspect will have to exit onto Colleyville Boulevard just the same if there was only one entrance to the building. City of Colleyville Page 5 Printed on 3/31/2011 Planning and Zoning Commission Minutes -Draft March 28, 2011 Commissioner Phelps stated, in the covered area, signage could be posted which states "Prepaid Area Only" and this could be added to the proposed ordinance. Commissioner Dudziak questioned staff regarding if there is to be a clear line of sight to each of the entrances, according to the crime prevention materials added by the Police Chief. Ron Ruthven concurred. Commissioner Dudziak stated elevators and refrigerators block the rear entrance. Commissioner Byerly stated that was not his understanding of those requirements. He stated he understood that a clear line of sight to the point of sale could be viewed from a squad car through a window or door. Ron Ruthven stated yes, the crime prevention guidelines require that there should be a clear line of sight to the point of sales area. He further read the section of the crime prevention requirements. Commissioner Dudziak stated then a clear line of site should be for both the cashier and the police. Ron Ruthven concurred. Ron Ruthven further stated the police department has a comfort level of their acceptance of the request. Commissioner Dudziak stated the safety of this proposal needs further evaluation from the police department. Commissioner Dudziak moved to table case ZC11-004. Commissioner Rotthaus seconded. The motion to table failed by the following vote: Aye: 2 -Dudziak, Rotthaus Nay: 5 -Knox, Wheelwright, Davis, Phelps, Byerly Commissioner Byerly moved to approve case ZC11-004 with the following conditions: 1. A mutual access easement; 2. signage on drive through clearly marking "Prepaid Pick up Only". Commissioner Phelps seconded. Commissioner Dudziak questioned Mr. Wilkinson regarding if there have been any spills or environmental issues on this property. Mr. Wilkinson stated not to his knowledge. He explained that a Phase I inspection had been conducted for the financing of the property. He further defined a Phase I inspection. Robert McKeown, Fire Marshal, stated he wants to be sure that the building and the site has not been contaminated. He stated there may City of Colleyville Page 6 Printed on 3/31/2011 Planning and Zoning Commission Minutes -Draft March 28, 2011 have been spills but he wants to make sure that the site is safe. Commissioner Byerly questioned Rob McKeown regarding if he has the ability to go in and inspect this facility by using the building, fire and Land Development Code tools. Rob McKeown replied that the fire code allows him to be able to go in and inspect for spills and have the property owner take care of those spills. He stated he can rely on a third party inspection that documents any spills and how to clean those spills. He further stated that he understands that there may have been spills. Commissioner Dudziak questioned Rob McKeown if he is comfortable and satisfied with the site. Rob McKeown replied he has not seen the pit (basement of the building) and has not done an inspection. Commissioner Dudziak questioned Rob McKeown regarding if he has inspected the rear of the property for storage containers or spills. Rob McKeown replied he has not inspected the rear of the property or has reason to believe that there have been spills there. He further stated that he wants someone licensed by the State of Texas to inspect and certify the inspection of the property. He stated permits can not be issued unless the site is "clean". Commissioner Dudziak stated this is another open area that leaves this project incomplete and not ready for City Council. Commissioner Phelps questioned staff regarding if this Phase I inspection would be done prior to the approval of the proposed ordinance or if it can be done during the inspection process. Ron Ruthven stated these are state and federal requirements and are not typically something staff would consider during the zoning process. He stated this would be something taken care of during the permitting process. He further stated that the Fire Marshal has the authority to request anything he may need during that process. Commissioner Byerly stated the Fire Marshal has all of the tools he needs to either inspect the site or have someone inspect it. Commissioner Dudziak questioned staff regarding who has the authority to inspect; the State, the Fire Marshal or Code Enforcement? Ron Ruthven replied if the inspection is required by the proposed ordinance, then it shall take place, otherwise, this issue would be taken care of through staffs recommendations at the time of the building permit process. He further recommended that it not be part of the proposed ordinance since the Fire Marshal has the authority to have the inspections completed. Rob McKeown assured the Commissioners that he has the authority to City of Colleyville Page 7 Printed on 3/31/2011 Planning and Zoning Commission Minutes -Draft March 28, 2011 have the property owner clean up any spills. He stated prior to the issuance of any building permits, he wants to see a report that states the site is either "clean" or "dirty". He stated if the site is "dirty", he wants the site to be "clean". Commissioner Dudziak questioned staff regarding if that is the intent, to have the property inspected? Rob McKeown replied yes. Commissioner Byerly restated the motion: Commissioner Byerly moved to approve case ZC11-004 with the following conditions: 1. A mutual access easement to both adjacent properties; 2. signage on the drive through area to clearly marking "Prepaid Pick up Only". Commissioner Phelps seconded. The motion carried by the following vote: Aye: 5 -Knox, Wheelwright, Davis, Phelps, Byerly Nay: 2 -Dudziak, Rotthaus 8. ADJOURNMENT The meeting adjourned at 8:26 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, March 11, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 8 Printed on 3/31/2011 ~~~ ~~ '~<<•;.; City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 04/25/2011 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a minor plat on 0.6 acres on Tract 36B, Abstract 1038 of the Hall Medlin Survey located at 7408 Jo Will Street, Case PC11-004 Attachments: Location and Zoning Map Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 04/25/2011 Planning and Zoning Commission Title Approval of a request for a minor plat on 0.6 acres on Tract 3BB, Abstract 1038 of the Hall Medlin Survey located at 7408 Jo Will Street, Case PC11-004 Explanation Roger Hart the applicant fora 0.6 acre tract of land located at 7408 Jo Will Street has submitted a request for approval of a minor plat that will consist of one residential lot. Surrounding Conditions and Zoning. The property is zoned R20-Single Family Residential. The lot does not meet the minimum lot width requirement of the R20 zoning district (100 feet). However, the subject property is a lot of record and can be developed under the R20 zoning district requirements, provided all setback standards are in compliance when a new structure is built on the lot. Existing Conditions. This property is currently vacant and undeveloped. Parkland Dedication Fees. Per the requirements of the Land Development Code, parkland dedication fees are required for this property. Perimeter Street Improvement Requirements. Per the requirements of the Land Development Code, perimeter street improvement fees are required for this property. Tree Preservation. Trees not located within the building footprint must be preserved during any construction. Before construction begins on the site, protective fencing must be City of Colleyville Page 1 Printed on 4/21/2011 Agenda Briefing Continued installed around all preserved trees located outside of the building footprint Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies the 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 4/21/2011 Location and Zoning Map ~ sR~ a 9 ~ ~ 3of ~° Z ~ ~ 5.5 6 C ~ § - ~~ ~ ~ 8 D~ 8 ~ 3 ~, ~ 6 S m s ~ ~ ~ f- Z 5 ~~y ;o s~ l~ ~a ~ g~F~~~c~~~oV ~~~ ® LQ ~o ~ ~ ~C 9~~5~ ~~ fig' €~ ~$ ~ ~~g~~.g.k~'35~ 8~~ ~ ~ "~_j eF~ ~ ~r°Ji ~^~ ~ '~S. 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UoP oM > N h>~ai~- O=Z=.~:~°' a `ooo n~~~-GGW 'c u~>g y- z mr~=~$ m3iny~ao S' U znr ~$aa~~`=° (~0 wx~ E R Ufa }UDSD d - ° - m u'm Z d W o ~ v m m'~ - a ° ~ o ~ ~ 3L~aaE ~g'°-'ocoE o 0~~2' ~ ~rN ° < o OfnnU>w fAKQmu.>w Z ~ Z~ei of ~ V Y ~ v I i ti/ (~ ~~~ ~~ ~ City ~~ Co~~eyvi~~e 100 Main Street '~'' Colleyville, Texas 76034 ~~~~ " Agenda Briefing $~7. so3.lo00 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 04/25/2011 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Special Use Permit for a Package Store on Lot 4B, Block 1, of the Brown Trail-West Addition located at 4405 Colleyville Boulevard, Case ZC10-012 Attachments: Location and Zoning Map Notification List Letter of Opposition Statement of Planning Objectives Existing Site Plan Proposed Site Plan Demolition Floor Plan Proposed Building Elevations Proposed Floor Plan Area Analysis Sign Exhibits Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 04/25/2011 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for a Package Store on Lot 4B, Block 1, of the Brown Trail-West Addition located at 4405 Colleyville Boulevard, Case ZC11-006 Explanation Atef Henary has submitted a request for a Special Use Permit (SUP) in order to operate a package store called "Mirage Fine Spirits" at 4405 Colleyville Boulevard within the existing Mobil gas station. The proposed package store will encompass 725 square feet of the existing building where the car wash and sandwich restaurant currently exist, with construction of an additional 1,418 square feet, a total of 2,143 square feet will comprise the package store, and the remaining 2,455 square feet of the building will be utilized as a convenience store with beer and wine sales only, currently allowed under Ordinance 0-95-994. The applicant intends to continue gasoline sales on the property. The Texas Alcoholic Beverage Code requires a solid opaque wall to be maintained between any package store and any business that shares the same building. Therefore, the convenience store operation will be completely walled off from the package store and will be a completely separate occupancy. The gasoline sales will be processed from the convenience store. The applicant previously applied for a SUP for package store in 2010. The Planning and Zoning Commission recommended approval of the request on July 12, 2010 and the City Council denied the request on August 17, 2010. However, the request was denied without prejudice, which allows the applicant to request an indentical rezoning on the property within City of Colleyville Page 1 Printed on 4/21/2011 Agenda Briefing Continued the minimum 12 month waiting period required by the Land Development Code. Existing Zoning and Development Conditions. The property is zoned CC1-Village Retail zoning district and is platted. Package stores are allowed in the CC1-Village Retail zoning district with the approval of an SUP. The property is developed as Colleyville Mobil, which is a 3,180 square foot convenience store with gasoline sales, a Blimpie Subs and a car wash tunnel. Staff Review and Analysis. Staff analysis of this request is written as if the proposed request is a new development on an undeveloped site. Therefore, any request by the applicant that does not meet current Land Development Code requirements is noted below along with recommended remediation. Site Plan, Landscaping and Parking. The site plan submitted by the applicant shows the proposed liquor store to be a 1,418 square foot addition to the main building including enclosing the car wash tunnel and also shows proposed parking and landscaping. Site Layout There are no planned alterations to the gasoline pumps or canopy. The package store entrance will be where the current car wash tunnel entrance is located. 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. There are currently 27 parking spaces located on the subject property. Of the 27 spaces, 12 spaces are located at the existing gas pumps. The Land Development Code neither restricts or allows parking at a gasoline pump to be counted toward required parking totals. Staff recommends that the applicant provide a shared parking agreement with the dry cleaning business to the north located at 4409 Colleyville Boulevard in order to provide enough parking for overflow traffic during peak periods. This condition has been added to the proposed ordinance. Landscapin_g Chapter 4-Landscaping and Buffering in the Land Development Code requires a minimum of one (1) three inch caliper tree to be planted for every 40 feet of frontage along collector and arterial roadways. The subject property contains approximately 162 feet of frontage along SH26 and 220 feet of frontage along Brown Trail. Therefore, four (4) trees are required to be planted along SH26 and six (6) trees are required to be planted along Brown Trail. There are currently two (2) trees located along SH26 and five (5) trees located along Brown Trail. The landscape plan submitted by the applicant shows two (2) trees along SH26 and five (5) trees along Brown Trail, one (1) is shown off of the road but in the required street yard. 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. The landscape plan meets the minimum shrub planting requirements. Staff recommends that all landscaping meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. This condition has been added to the proposed ordinance. City of Colleyville Page 2 Printed on 4/21/2011 Agenda Briefing Continued 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 requires 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 (2) driveway approaches. One (1) approach connects to SH26 and is a right turn only approach from SH26. The other approach connects to Brown Trail. However, the site is also accessible from across-access drive from a dry cleaner business to the north, which connects to a shared driveway approach to SH26 from the O'Reilly Auto Parts business at 4501 Colleyville Boulevard. 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, 4,598 square feet of gross floor area is expected to generate 447 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. Building Design. According to Chapter 6-Building Design in the Land Development Code, commercial buildings located in the CC1-Village Retail zoning district requires a minimum design score of 30. The applicant has provided building elevations showing improvements to the facade. The subject building, as it is proposed, contains a design score of 32. Staff recommends that the entire building meet the minimum design score of 30 prior to the issuance of the certificate of occupancy. This provision has been added to the proposed ordinance. Signa_ge. Staff has received a drawing regarding proposed signage for this applicant and it is discussed below. 1. The applicant has provided a wall sign with channel letters which is to be 9 feet in length City of Colleyville Page 3 Printed on 4/21/2011 Agenda Briefing Continued and 1.5 feet in width for a total of 13.5 square feet 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. 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: 488 feet Distance to closest school: 2,978 feet Distance to closest church: 2,521 feet Distance to closest day care: 2,521 feet School Distance Measurements and Findings. Section Six-Alcoholic Beverage Regulations of the Code of Ordinances requires a minimum distance of 300 feet from any establishment that sells alcoholic beverages and a church, school or hospital. The measurement distance must be calculated from closest front door to closest front door for churches and hospitals and from closest property line to closest property line for schools. The Texas Alcoholic Beverage Code contains an exception that effectively exempts package stores from meeting the minimum distance separation requirements for private schools only. Section 109.33(h) of the Alcoholic Beverage Code states: "[The distance separation requirements for private schools do not apply]....to the holder of: a license or permit covering a premise where minors are prohibited from entering under Section 109.53 and that is located within 300 feet of a private school." This includes a package store. City of Colleyville Page 4 Printed on 4/21/2011 Agenda Briefing Continued Distance from other active package store requests: Hall's Wine and Spirits -Approved 3.3 miles Tivoli Wines -Approved .80 miles Five O'Clock Somewhere- Pending .59 miles Goody Goody -Approved .60 miles Bear Creek Spirits and Wine -Approved 3.3 miles Tri-City Spirits -Approved 1.7 miles Fossil Creek Liquor -Pending 2.0 miles Public Safety Assessment. The police department has identified a potential public safety concern with this application, which involves traffic entering and exiting the area. The current business is located on a high traffic corner (Colleyville Boulevard (SH26) /Brown Trail) and there are adjacent retail properties to the north (Dry Cleaners and Auto Parts Store) and east (medical offices), which are interconnected by driveways. Since this property would continue to operate as a gas station, in addition to being a package store, it can be assumed that a high volume of traffic may affect surrounding businesses. The property has ingress/egress points on both Colleyville Boulevard (SH26) and Brown Trail. The proximity of the west driveway to the intersection could be a concern. With the additional traffic attempting to enter the business from Colleyville Boulevard, the southbound center turn lane may be impeded. Parking at this location is limited and pedestrians crossing the parking lot to enter the business could be at risk from vehicular traffic attempting to reach the gas pumps. Visibility into the business is currently an issue due to signage and window blinds. Surrounding Properties. The adjacent property to the north is zoned CC1-Village Retail and are developed as retail uses. The adjacent property to the south is zoned CC2-Shopping Center and developed as a drug store. The adjacent properties to the east are zoned CC1-Village Retail and developed as offices. Properties to the west are zoned CC2-Shopping Center and CC1-Village Retail and are developed as retail and office uses. Master Plan. The Colleyville Master Plan designates this property for future retail uses. The use of the property as a package store complies with the plan with the approval of a Special Use Permit. Public Notification. Staff notified 24 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 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: City of Colleyville Page 5 Printed on 4/21/2011 Agenda Briefing Continued - All landscaping shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code - The building shall meet the minimum design score of 30 as required by Chapter 6-Building Design in the Land Development Code - 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? Yes Complies with sign regulations? Yes Complies with minimum building design score? Yes Complies with outdoor storage restrictions? Yes Traffic Impact Analysis required? No Proposed Use is over 300 feet from church, school & hospital? Yes Recommended Actions The Planning and Zoning Commission has the following options regarding action on this item: 1. Recommend approval 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 to deny the request. City of Colleyville Page 6 Printed on 4/21/2011 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Ebna-Gina Inc 4100 Felps Dr # F Colleyville TX 76034 004532 Colleyville Blvd Miles, Lucille 4600 Bransford Rd Colle ille TX 76034 004600 Bransford Rd Chandler, Raman PO Box 611 Colleyville TX 76034 004571 Colle ille Blvd Grapevine Colleyville ISD 3051 Ira E Woods Ave Colleyville TX 76051 004551Colleyville Blvd Reef Pro erties Inc 179 N Plano Rd # B Richardson TX 75081 004508 Colleyville Blvd Retail Buildings Inc 3000 NE 63Rd St Oklahoma City OK 73121 004500 Colleyville Blvd M L Us Holdings Ltd & C Hepfer 17130 Dallas Pkwy Ste 240 Dallas TX 75248 004521 Colleyville Blvd Bransford Park Land Trust PO Box 185 Colleyville TX 76034 004517 Colleyville Blvd Vcc J&M Corporation 4409 Collyville Blvd Colleyville TX 76034 004409 Colleyville Blvd Nedocs Llc 4114 Steeplechase Dr Colleyville TX 76034 004301 Brown Tr Johnson, Randal D Etux Doreen 215 Mill Valley Dr Colleyville TX 76034 000219 Mill Valley Dr Eskander Colleyville Llc 4405 Collyville Blvd Colleyville TX 76034 004405 Colleyville Blvd 4408 Colleyville Blvd Land Tr 4408 Collyville Blvd Colleyville TX 76034 004408 Colleyville Blvd Rude-, Chandi L nn 112 Montreal Dr Hurst TX 76054 004400 Colleyville Blvd Ghormle , James G Etux Tisha D 502 Green Meadow St N Colle ille TX 76034 000502 Green Meadow N Bryn Mawr Partnershiip, The 16284 Deer Trail Ct San Diego CA 92127 004403 Colleyville Blvd Wishard, Bruce & Della 437 Carrillo St Santa Rosa CA 95401 004109 Brown Tr Schrimsher, Frederick Etux Lee 500 Green Meadow St N Colleyville TX 76034 000500 Green Meadow N First Assembly Of God Ch Inc PO Box 98 Colleyville TX 76034 004401 Colleyville Blvd Wishard, Bruce & Dalla 437 Carrillo St Santa Rosa CA 95401 004109 Brown Tr Ho an, Donald Etux Patt L 4400 Green Meadow St W Colle ille TX 76034 004400 Green Meadow W Tiffany Park Ha Inc 400 Country PI Colleyville TX 76034 004320 Tiffany Park Ln Allen, Clarence Etux Elizabeth 4316 Tiffany Park Ln Colleyville TX 76034 004316 Tiffany Park Ln Atef Henary, applicant 4405 Colleyville Blvd. Colleyville TX 76034 applicant Public hearing notices were mailed on Friday, April 8th, 2011 by Amy Shelley Statement of Planning Objectives Mr. Ron Ruthven , AICP, Director Communffy Development 100 Main St. Colleyville, TX. 76034 Dear Mr. Rufhven, I am Atef Henary the owner of Colleyvtlle Mobil station and the convenience store located at 4405 Colleyville BLVD and Brown Tr. and the applicant for the SUP for the sale of package liquor in the location mentioned above. I have been a Colleyville resident for the last 13 years at 500 Bridlewood North, and bunt this store from the ground up 16 years ago. 1 am applying for this SUP due to the multiple and the continues request from my customer in Colleyville, Hurst, Bedford, and NRH to cony Liquor and to my believe that this fs a very convenience location to many residents in these titles, And since we have the experience ,the past hack record and we have a good reputation in servicing and supporting these communities , also to be head to head with our new and existing competitions to preserve my business and benefit the city from the generated sales tax, I would like to apply to the SUP with addressing all the concems that may arise . Business Plan 1) We will build a solid opaque wall to separate the existing sandwich restaurant (generating about $1200.00 sales tax per year) and the existing carwash (generating no sales tax) with construction of an additional 955 square feet a total of 2143 square feet will comprise the package store , with a separate entrance and different hours of operation from the remaining 2455 square feet which will be utilized as the convenience store and the gas station 2) We updated our securtiy system to record and store information for more than 30 days; also we will add 2 colored HD security cameras to our existing 7 cameras to make a total of 9 cameras inside and around the premises. 3) By efficiently utilize the spaces around the building and around the converted car wash we will be able to add 6 parking spaces to the existing ones to be a total of 32 about 9 more spaces than what the city ordinance require. 4) We will add about 4 wall pack lights around the back and side of the building. 5) We will add two 3 inch caliper bees on HWY 26 and Brown Tr. to satisfy the city ordinance. 6) We will hire an experienced and aTABC licensed employee and manger to operate the liquor store from 10:00 AM to 9:00 PM, Monday through Saturday. 7) Based on the study we conducted showed that this location will generate yearly an extra $500,000.00 worth of sales approximately and an exha sales tax of $ 40,000.00 also an Ad Valorem tax of $7000.00. 8) Construction of the building and acquiring the TABC license and open for business will take about 4 to 6 month from the time of the approval of the city council members. 9) We will hire an engineering company to conduct a Traffic study to address any concerns for hafflc congestions. 10) We will request from the neighboring business to the north a permission to share his parking spaces with us. RECEiVCn MAR 7 8 2011 Per ............. l 1) This properly is zoned CC] and all surrounding properties within 500 Feet are zoned CC1 or CC2 and the distance to the closest Church ,School , or Day care Is more than 650 feet. We are dedicated to preserve the integrity, quality and the value of our beautiful city Thank you for your cooperation, Atef Henary n~ ' ~, ~ Existing Site Plan ~ ~ ! ' ~' ~ ~ ~~ ~~ li' n -- - -... - --1 - -- - --- -_ _ ~ - _.. _ - . _. ~ ~ tr r ~~ -- - - - f «~ ~:f ~ ~ _1 ~-.. 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R a e r i J b ~ Proposed Building Elevaf ns ~ ~ ' ~ ` ~ ~ ~.jlj, ~~~~ ~jliliW~o c~~ ~I I ~ ~ ~ lo-mw Q $a C. a ;, `~ c~,f LJ ~ U ~ G ~ o®.. ~~ t~ Y ~~ J r ~ ~~ ~ r ~~ R ~ ~~~ ®~ ~~~~ Proposed Floor Plan it ,i f I Iyn ~, ~ N $~ ~ ~ ~ ~do ~~ , N a ~ ~ ~ ~~~ ~~~ ~l ,~ ~~ a~ ~~~ ~ , R ~ ~~~~- ^- 0 _~ c~ -r- ' o~ -~-' c3 ~ ~ a ~~ b i ~' ~I-- ~~ Area Analysis - - ~. F ~._ '~1 ~ t' ! ~~-'i~ fi~ ..._ '~~. ~ 7 -~- ~,'--44 r~~ 1 ,~~1-t - ~_ _ ____.___ __. _.._ .._._._. _. __....._..._._.. ~ __ _._.~_T ~.. z;:: ORDINANCE 0-11-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 4B, BLOCK 1, OF THE BROWN TRAIL-WEST ADDITION LOCATED AT 4405 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. ZC11-006; 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 4B, Block 1, of the Brown Trail-West Addition located at 4405 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 2,143 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 30 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. All dumpsters shall, at a minimum, be screened per the requirements for dumpster screening in the Land Development Code. c. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "C". d. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. e. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-10-xxxx Page 4 of 4 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 David Kelly City Secretary 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 oea~ N~tr. olt'nrerr, k am Atef Hendry the o a# ColFeyv~e M+arbli a! n artd the c<arnrenien+~e atete toCated at Cokley~rklNe BI,~G and Brower 'fir. acrd a~carrt tar the 3ikP tray the sale a!t package Ivor In the lrsccstion men~aned gave.. ! have !assn a capeyvMMe resttterrt fargse ksst 13 years at Ott tlrktke~ra!od North, and txrrllt this store trorrr the up 1B years ca~a t atrr appytwrg for thtr S~Ut due to the mu~ple and the cor~knves request tnrrrrr my cust~trrrer !n Co~eyvd~; F6. lsedtcsrd, and NBH to tarty Uq' artd to nary twee that th~r Is a verl- con~renl+er+rc+e loca~on ttr many res~deMs hs these r~gles, And since we harre the acxperlence ~ tt:e pas! track record and we taave a gecrd repcrtcsiion kn servtC~l@ and riuksporting these communtikes , r~so #o tae head tcs head wtih our new arrd exks#l~ Gctinspeiilions 11,a preserve rrrrtr krudrrress anct kter4eflt tt-e * front ~a ganernaitsed salerk tax. ! wovid i~a to apply to ttte SIlP wkgt addresrdng a~ the cr~cems dal' may arise . Business Plan VYe build a soBd opaque wall to separatd the exlstirtg sandwich rrt (generatirtg~ ataout $"12t5q~.4it sales tax per year) and the axbtirsg carwarrhh (ye~nsratirr~ no sales tax) w corystruttkan ~ an additbnad 455 square tent a hrtd of ~1#~ ttpurrrr Bret vrn tompfise itur package stare k with a separate entrance grad dBfierent hoars ~ operatkrn trorrr the rww^ncrit~sg 2~t55 square lest vrtrkch wlt tae uNllxi-d cs ihar t,cstrrectlortce starrf curd #te gas art tills updated c>rrr secutkily ~ to record s~-re krrfwmatlon for nt~a than days; otrtr we w~i add ~oto~red Ht? se~Nly cameras to our •xlslkn~g 7 cannarrcu to make o laid ~ 9 cameras ir9e and around the prerrrises. ls'? tky etrkclentlyr utilize the spates around the bulling and arourod the convrted car w~sssh wre wl be able !Na add !~ parking spacers to the existing on„rrss to be a total of 2 about 9 more spacas itnan what fire ctty~ ordMartte require. 4J~ Mle wkB add about ~! wtail pack lights around the trek and skis at titie building, ,~) VYe wNl add i+Ka ~ ktttt ttslkper trees on HWY 7d asrd llresrarm tr. tta scttsty tt-e cBy ,orditiartte. b) We wktl hk+e alrr eede~ced and aTAi6G llcert: employee and marker trs operate ~quor slant from tD:00 ANt to PiIA, Monday through Sature~ry. 7~ $ased on the study we ccartclucted showed tkrest ihks kstaH~ w~l grrnrrraite yrasty an extra [1.011G.tt0 worth of sates c~rproximatetkr and an extra sales tax at ~#'t~f~lO.iXt fro an Ad vatrxem taCp~t of ~.l~t. [k} GomtrutHon at the t~Wtrrg and acquiring the T~PtBC License and open br businasx will Coke about A its 6 month irom tttxa flrne of fife approvot at itr~e ttty tountti merrrbers. 4} W!e t~rsr an engkr~eer~g cor»pany to candutf a Tra~lr r~udy tct axtdrsss arty conr<errrs trx trattbc congestlons» '!O) tAfe wBl request tram ~e r+relghbortng to the north a ton ha share t~s pautctng spates wHh ws. 1 I ~ This prop~eMy is :rotted CC 1 and all rroundk+a pro#t~ writhin 5110 feet ane ax'ned' ~~! or cG2 rand the dkstance to the clgsirst thirrGt- , School , or Qay erne IS ntiaQre tt'rc~rr 4$E1 feet.. We cite ctediccrte+d tit pres~rrre the trttegr~r, ~~ and the vcylue +ai our becwtil~W city Thcrrrk yc~ t ycwr c+~opercr~iQrt, ~tadF?r~errer~r Exhibit "C" -Site Plan .., u~~ ,...,~ ~. i Q~ E ! ` ~ i - ~ ~ ' E~ ~ ! f r~r "' ~ ` ?: e ~ ~ ~ y-r ~ ,~ ,> ~ ~, r`." . ,'~ ~ i ~: , ~ ~ ~ KiaF ~ ° ~ ~ .. ~ ~4 ~ i t `.' 4i~~ ~ F _~ ~ ~ „~• ~ A :S , . ~ ~ w~ 1 •1 ' w~ ~~. ~ f ~ ~ ~ ~~* ~ ~~ ' ~ 1 x ,{~~ ~ Y J R' - ~ ~ __ '.. ~ ~ ~ ' f ' „( ~~ STS ~ .. ~ .MiueN/Ki q'... ..... ._ t ~ i i Y ~ ~~ ` ~ ~ :, ,r S i j k r .,.i ~_ (Qr4~ '~."" 1.:.F (yj '~ `.. r. 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J /+ Vity of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 ,k:,~ 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: 04/25/2011 Agenda No.: 8b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Special Use Permit for a Package Store on Tract 1 D, Abstract 1154, of the R.N. McEwing Survey located at 8070 Precinct Line Road, Case ZC11-007 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Site Plan • Proposed Easements Building Elevations Floor Plan Sign Exhibits Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 04/25/2011 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for a Package Store on Tract 1 D, Abstract 1154, of the R.N. McEwing Survey located at 8070 Precinct Line Road, Case ZC11-007 Explanation Mark Stacy has submitted a request for a Special Use Permit (SUP) in order to operate a package store called "Fossil Creek Liquor" at 8070 Precinct Line Road. The proposed package store will encompass a new 7,000 square feet building. Currently at this location is a single family home. This request also includes a rezoning change from R40-Single Family Residential to CC2-Shopping Center. Existing Zoning and Development Conditions. The property is currently zoned R40-Single Family Residential and is not platted. Package stores are allowed in the CC2-Shopping Center 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 the recommended remediation. Site Plan, Landscaping and Parking. The site plan submitted by the applicant shows the proposed liquor store to be a new 7,000 square foot building. City of Colleyville Page 1 Printed on 4/21/2011 Agenda Briefing Continued 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 35 parking spaces per municipal code. The applicant is providing 39 parking spaces. Landscaping The applicant has provided a landscape plan that shows the required amount of trees, shrubs and greenbelt area along Precinct Line Road. However, because the property to the south is zoned R40-Single Family Residential, a landscape buffer containing evergreen shrubs planted on six-foot centers is required along the southern property line. This is not indicated on the landscape plan. 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, screened dumpster location behind the main building. The requirement that all dumpsters be screened per the requirements of the Land Development Code has been added to the proposed ordinance. Access and Traffic Generation. Access The applicant does not intend to install a drive approach along Precinct Line Road directly serving the subject property. Instead, the applicant proposes to provide sole access to the subject property from 8080 Precinct Line Road, located adjacent to the subject property to the north. 8080 Precinct Line Road currently has a full service driveway approach from Precinct Line Road and also connects, through a mutual access easement, to 8090 Precinct Line Road, which connects to Lavaca Trail. 8080 and 8090 Precinct Line Road are currently developed as office buildings. The applicant proposes to have (2) two access points from 8080 Precinct Line Road from the west (in front of the proposed building) and from the east (behind the proposed building). These access points would consist of two 24 foot wide driveways that would wrap around the building. There are currently no mutual access easements connecting to the subject property shown on the plat for 8080 Precinct Line Road. Staff recommends mutual access easements connecting to both the northern and southern adjacent properties shall be added to the plat for the subject property. Additionally, in lieu of a driveway permit being granted by TxDOT for direct access to Precinct Line Road from the subject property, the applicant shall provide proof that a mutual access easement has been deeded for 8080 Precinct Line Road (either through a replat or separate instrument) providing access to the subject property prior to the submittal of the building permit application. 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 City of Colleyville Page 2 Printed on 4/21/2011 Agenda Briefing Continued 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, 7,000 square feet of gross floor area is expected to generate 680 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. Building Design. According to Chapter 6-Building Design in the Land Development Code, commercial buildings located in the CC2-Shopping Center zoning district require a minimum design score of 25. The applicant has provided building elevations that illustrate a new building to be constructed. The subject building, as it is proposed, contains a design score of 30. Staff recommends that the entire building meet the calculated design score of 30 prior to the issuance of the certificate of occupancy. This provision has been added to the proposed ordinance. Si_gna_ge. Staff has received drawings regarding proposed signage for this applicant and it is discussed below. 1. A drawing of the potential monument sign is proposed to be eight (8) feet tall and 14 feet wide with a masonry base, which meets Chapter 7-Sign Regulations. 2. A potential wall sign is proposed to be nine (9) feet in length and 2.6 feet in height for a total of 24 square feet, which also meets Chapter 7-Sign Regulations. 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 proposed 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 SUP, 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 City of Colleyville Page 3 Printed on 4/21/2011 Agenda Briefing Continued with the Crime Prevention Recommendations for Convenience Stores and Package Stores. This document has been added to the proposed ordinance as an exhibit. Proximity Information. The following measurements detail the proximity of the proposed package store to the uses listed below as well as other package store applications on file. All measurements are calculated based on a straight line drawn from the closest point of the subject property line to the closest point of the property line of the closest use or package store application in Colleyville only: Distance to closest residence: 415 feet Distance to closest school: 1,140 feet Distance to closest church: 2,400 feet Distance to closest day care: 2,400 feet Distance from other active package store requests: Hall's Wine and Spirits -Approved 5.0 miles Tivoli Wines -Approved 1.9 miles Goody Goody Liquor -Approved 2.0 miles Bear Creek Spirits and Wine -Approved 3.0 miles Tri-City Spirits -Approved .40 miles Mirage Fine Spirits -Pending 2.0 miles Five O'Clock Somewhere 2.2 miles Public Safety Assessment. The police department has identified no major public safety concerns with this application. Currently, this area is largely unimproved other than a small residential structure. As this location is on the very edge of the western city limit, it is expected to have less of a traffic impact on residential areas. The closest residential area (Emerald Park) is directly east of the proposed business and separated by a six (6) foot masonry wall. Liberty Elementary (Keller ISD) is located on the corner of Precinct Line Road and McDonwell School Road to the north, but it is beyond the minimum distance required for a package store. There is heavy school traffic on weekday mornings and afternoons during the school year. Surrounding Properties. The adjacent property to the north is zoned PUDC-Planned Unit Commercial and is developed as offices and a salon. The adjacent property to the south is zoned R40-Single Family Residential and is vacant. The adjacent property on the east is zoned PUDC-Planned Unit Development Commercial and is currently undeveloped commercial. Properties to the west are in the City of North Richland Hills and developed as residential properties. Master Plan. The Col/eyville Master Plan designates this property for future retail uses. The use of the property as a package store complies with the plan with the approval of an SUP. City of Colleyville Page 4 Pnntea on arnicv„ Agenda Briefing Continued Public Notification. Staff notified nine (9) property owners within 500 feet of the subject property regarding this request and notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Staff Analysis and Summary of Recommendations. Staff has written the 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. -Mutual access easements connecting to both the northern and southern adjacent properties shall be added to the plat for the subject property. In lieu of a driveway permit being granted by TxDOT for direct access to Precinct Line Road from the subject property, the applicant shall provide proof that a mutual access easement has been deeded for 8080 Precinct Line Road (either through a replat or separate instrument) providing access to the subject property prior to the submittal of the building permit application. -The building shall meet the a minimum design score of 30 as required by Chapter 6-Building Design in the Land Development Code. -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 proposed 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 SUP, 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 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? Yes Complies with sign regulations? Yes Complies with minimum building design score? Complies with outdoor storage restrictions? Yes Yes City of Colleyville Page 5 Printed on 4/21/2011 Agenda Briefing Continued Traffic Impact Analysis required? No Proposed Use is over 300 feet from church, school & hospital? Yes Recommended Actions. The Planning and Zoning Commission has the following options regarding action on this item: 1. Recommend approval to the request as submitted (with listed conditions in the proposed ordinance); 2. Recommend approval to the request with additional condition(s); 3. Table the request to a specific date with clarification of intent and purpose; 4. Recommend to deny the request. City of Colleyville Page 6 Printed on 4/21/2011 Location and Zoning Map ~~a- ~~,~ PUDC }[ j ~ da ~ X209 Site 1261 t..~e -- eza s°s° ~~+ ~n~ ~~ r~ o, ia ;~ ao ~~ - TAL ~.~;~ aia~ ~ ' ef~2 -. ~ R40 F o~ r ~`:D9 ~ ;.F4A5 81 ~# ~ ~RfiO ~ 31171 01~ ~'" ~, ~~ r ` 1 601, ~4 `~ e° ~ -- F,~~ P UDR e ~-`'~"~` ~ cc~1~ ~ ~ ' ~ ~ L ~ ~., ~ ~ ~A31 ~ $'_3 ~0 PU DC ~.,.....L ,, ~ t X21 ~' ~ F -r ~9s~E ~€+~ F.+817 ~1 ~ 5{11 -- ~ ~4~ 59i3 ~t4 °~e1~ i~DC7 b~EO h~11 5~4 5BOa~ PAfip ; ~$ _' a Fed.: FrtC~6 5Pa7 ' ~'-~" [~ ' J"1 I~x =g{3q e.ul 5~ i2 52Q3 58~Q ~ ~... r ry4~ ~,;~ ~~ ~ f 5C1Q1 8~:~ 59?43 3&F 2 ~i6~4~ ~ay~ ~ .351 ~ 5330 rs~ g 569 ~ 581 58 33 _-_ ` j$35 X3 4 .333! 3° •831 F:E3 ~ ~ 5833 58~H X26 - ~ I - 58~ Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Ruggere, Judy 1013 Lavaca Trl Colleyville TX 76034 001013 Lavaca Tr Ruggere, Judy 1013 Lavaca Trl Colleyville TX 76034 001101 Lavaca Tr Linles Properties Ltd 1361 Cross Timber Dr Southlake TX 76092 008090 Precinct Line Rd Lavaca Trail Llc PO Box 69 Colleyville TX 76034 008090 Precinct Line Rd Adler, Keith & M Bickley Do 1112 Glade Rd Colleyville TX 76034 008080 Precinct Line Rd Souder, William D 305 Brookridge Ct Hurst TX 76054 008070 Precinct Line Rd William D Souder Investments 305 Brookridge Ct Hurst TX 76054 008060 Precinct Line Rd Jones, Derrell W 11111 Abbeywood Oklahoma City OK 73170 008050 Precinct Line Rd Mark Stacy, applicant 412 South Jefferson Pilot Point TX 76258 applicant City of North Richland Hills Planning & Zoning 7301 N.E. Loop 820 N. Richland Hills TX 76180 courtesy Emerald Park HOA 400 Country Place Colleyville TX 76034 courtesy Public hearing notices were mailed on Friday, April 8th, 2011 by Amy Shelley Statement of Planning Objectives r'~ ,~ ' .-- 2'echnoCo and-~esi n Inc. ~, ~' ~y 8 ' 1~esign O Construction ~ 9l~lanagement ~~ March 17, 2011 City of Colleyville Community Development 100 Main Street Colleyville, Texas 76034 Attn: Mr. Ron Ruthven, AICP Re: Proposed Package Store Fossil Creek Liquor 8070 Precinct Line Rd. Colleyville, Texas Statement of Planning Objectives Pursuant to the Land Development Code, we are submitting the fotlowing information regarding the development of the aforementioned Property. Fossil Creek Liquor is proposing the construction of a 7000 square foot Retail Package Store. As evidenced by the attached Development Plans, this facility is to be constructed with a combination of Stone Veneer, Split-faced CMU, and Stucco to provide a beautiful addition consistent with the adjacent area. Traffic flow and Emergency Vehicle IngressjEgress meet or exceed the requirements set forth by the City of Colleyville. Ownership Information: Fossil Creek Liquor 1900 Western Center Boulevard Fort Worth, Texas 76131 Website - fossilcreekliquor.com Contact Information - Mr. Ken Carmody 214.534.7359 Utility Provisions: Water Available in Precinct Line Right of Way Sewer Available at manhole located at the NEC of 8080 Precinct Line.. Included in this Submittal Package is an executed, but not filed, copy of the Encroachment and 412 South Jefferson 4 Pilot Point, Texas 76258 ~ CNfice 940-b$6-b$00 O Fax 940-686-6393 Joint Use Agreement. Said Agreement grants Permission of Mr. Kieth Adler, Owner, to cross his property within agreed-to Utility Easement. In addition to this Utility Easement, Mr. Adler has agreed to grant a Mutual Access Easement, allowing Fossil Creek the use of his driveway approach and rear drive exit for vehicular and Fire/Emergency Vehicle Ingress/Egress. Fossil Creek wilt also provide similar Mutual Access Easements to the adjacent Property to the south. This adjoining Property is currently owned by William D. Souder, Hurst, Texas. Proposed Development Schedule: Submittal of Package Store Application PZ Meeting 15L Council Meeting 2"d Council Meeting Submittal of Construction Permit Application Commencement of Construction Certificate of Occupancy Operations Plan: Hours of Operation -10:00 am to 9:00 pm Open Daily-Monday through Saturday, Closed on Sunday # of Employees -Seven Economic Development Information: March 18, 2011 April 25, 2011 May 17, 2011 June 7, 2011 June 15, 2011 July 1, 2013 October 1, 2011 Total Square Feet -Building 7000 Total Estimated-Annual Sales $3,900,000.00 Estimated Safes/Sq.Ft. $557.i4J5q.Ft. Estimated Annual Ad Valorem Tax $37,447.2b Estimated Annual Sales Tax $321,750.00 If additional information is required. please contact Mark Stacy at 972.741.2281 or Thank You, Mark Stacy Site Plan E - -- " Z _ ~ a~_~~~~~~ z ~ ~ ~ -- a ~ E e ~ ~ ~ - x a - Q ~ w F ~ a z _ ~ ~g ' z ~ ~ a ~ h ° a = ~ E o - - ~b'EfE ax,Yl ax~tl yviml :~.i~j +~ir. J I..N AZ 4 d I~I~~' ® ~~'~ 9 .e ® ~. ® , 0 ®, , - ®~_ °~ , i ~' - __ s rv ~ p/ Q ~.~// Fri z a C" s" U y~ z o ICI W o'Y°o ~~ oWgNm ~~o~~P ~~~~g sw- Proposed Easements i i k 3 ~', ~G'kl£ 3 ;~ S ~ 4 ~ v oa ~, Co 3 C 8 -1 O ~~ ~ FfkE ________-.____-______ ICI i O ~ z E I- ~ y A Y ~ ~ Y .o , I U a 3 ~ r~ O - ~ ~ I ~../ _- a Building Elevations T ~ ~ 4 _ R WI ~ o ~ ~ ;. ~ ~ ~ x ~ ~ ~ ~'o 8 8 y 8 Z 0 8 . = c ~ "t .--i O E gYg O x ~Io ~I N O _~ fr ,o Z a E N 4 O GW ~ y Y Floor Plan W ~ "' N3"IWJNI-]I"ItlM O f ~ v _,.-, w 3 ~~~ 3 ~ ~~ ~~ -- z °~ m ~---- II u a z ~ a ~ ~ T w --- ¢ ~ ~} ~~-- --- ~.____ ~~ ~_ ~ ~ ~__.. w V_ F____ O i ii F ii i i w d' w `t y a a O o :~ - u ~ a c ~ ~ ~ .--I O r Sign Exhibits ~~~~ i ~ / ~~~ ~~/ \\\\, o -= ~~ / a--+ U L O ~~ M ~! ~; ~ -- ~~~dm'~m rn~c~a-~ 0 > ~ o a. Q Q Q `o .~ ~U ~~ G O O d i- w ~ O {O ~ ~ _ 'L+ ~ d ~ r. {O in o a v ® t- H J J X Y ~ W hi W ui ~ ~ iv U Z J O a'O 00 UI~JC.7 ~~ N 3z C ~O '~ uN Wz v 00 ~'? ,; ,v~ ~\_~~ / r ~ ' v~1f, ~, z W s m N ~_ a U ~~ ^/ L-., I ~~ ~..~~ ~` a~ a> ~v c ~; ~ c ~ N ~ N ~CCS.Nm~O NO!GCl'_am m O o a Q Q o- : -v o c -v m c . U . ~ 0 0 a° .- ci m o~ D c ci 1O ~ ~ in v a v vi ® ~ J Q J X Y w LL1 ~' ci W W E ~ ~ Z J O ~ C ~ 1~C J O O O C7 VLLJC.7 O~n y ~~ ~ 34~ d e Q Yq_ W Z fi Op ~ ~• ~i. r 1; ~~ '~~ 47 h • ~wy~ ~ i~ 1 r' 1]_ ~ `~ j w ('l~~ VLf/ jy z i 2 Z ca w m 0 N ~_ U ORDINANCE 0-11-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF TRACT 1D, ABSTRACT 1154 OF THE R.N. MCEWING SURVEY LOCATED AT 8070 PRECINCT LINE ROAD 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. ZC11-007; 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 Tract 1 D, Abstract 1154 of the R.N. McEwing Survey located at 8070 Precinct Line Road, 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 7,000 square feet in size. c. The property shall be platted per requirements of the Land Development Code prior to the issuance of a building permit. 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 Ordinance 0-10-xxxx Page 3 of 4 which all requirements pertaining to signage shall apply to this Special Use Permit; (4) Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within thirty (30) days of abandonment. 4. GENERAL DEVELOPMENT REQUIREMENTS a. All buildings located on the subject property shall, at a minimum, meet a minimum design score of 30 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. All dumpsters shall, at a minimum, be screened per the requirements for dumpster screening in the Land Development Code. c. Mutual access easements connecting to both the northern and southern adjacent properties shall be added to the plat for the subject property. Additionally, in lieu of a driveway permit being granted by TxDOT for direct access to Precinct Line Road from the subject property, the applicant shall provide proof that a mutual access easement has been deeded for 8080 Precinct Line Road (either through a replat or separate instrument) providing access to the subject property prior to the issuance of a building permit. d. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "C". e. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. 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. Ordinance 0-10-xxxx Page 4 of 4 Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2011. The second reading and public hearing being conducted on the day of 2011. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: David Kelly Mayor Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map [~~ _` . .. as ~ ~ +.c ~ b~ ...... 8~1i' Ewi eCJna P{)DC ... , C2?.. ~f12 12~; ~^r~ryE ~ 3~L~ ~~ &D9{1 ?iQi i~~i rf2?~4 ~7' AI T 4i?17 E11~ .+iz ~~~' ¢ty 6? $ QI~ _~ ;,~o~ I 1 - e~.f PIJDR d===- Wit. r ~ ~ ic31 I z~~a 4 ~3~j'i ~-~~ ~~ ~ ~~€=e :F317 ~~13 5J9~i ~ 5Y4 , SGt3 ', ~Y3 ~,t~t^ i ~~G€+ *,~15 ~ 5J1159~J# E9il~ ar. ~£+D5 5H3?, ~ar° -~~ c .~ 32L12 51t.~ _S~CO~ .._ T 53~< ~~ fIC-~4 t' --- ~ afl3~1.._ X111 'Yf-0~ 5E~2 ~ 63-~E 33i~7 66+12 ~ ~ S+v39 .. 6~ 13 53~c3 ~1 _ f~i :~7 ~".I ,SddB ~ h r~ a ~ Exhibit "B" -Statement of Planning Objectives ~~cy 2ec~nology anc{ 1~esign, Inc. '- {Design {r Construction ~ .`Management March 17, 2011 City of Cotleyville Community Development 100 Main Street Calleyville, Texas 76034 Attn: Mr. Ron Ruthvert, AICP Re: Proposed Package Store Fossil Creek. Liquor 8070 Precinct Line Rd. Colleyville, Texas Statement of Planning Objectives Pursuant to the Land Development Code, we are submittingthe following information regarding the development of the aforementioned Property. Fossil Creek Liquor is proposing the construction of a 7000 square toot Retail Package Stare. As evidenced by the attached Development Plans, this facility is to be constructed with a combination of Stone Veneer, Split-tared CMU, and Stucco to provide a beautiful addition consistent with the adjacent area. Traffic flow and Emergency Vehicle ingress/Egress meet ar exceed the requirements set forth by the City of Colleyville. Ownership Information; Fossil Creek Liquor 1900 Western Center Boulevard Fort Worth, Texas 7613'1 Website - foss`sicreekliquor.com Contact Information - Mr. Ken Carmody 214.534.7359 utility Provsiaits: Water Available in Precinct Line Right of Way Sewer Available at manhole located at the NEC of 8080 Precinct Line. included in this Submittal Package is an executed, but not filed, copy of the Encroachment and 4 E 2 South Jefferson <? Pilot Point, Texas 76258 ~P Office 940-586-680U <i Fax 9+W-5$5-6393 Joint Use Agreement. Said Agreement grants Permission of Mr. Kieth Adier, Owner, to cross his. property within agreed-ta Utility Easement. in addition to this Utility Easement, Mr. Adier has agreed to grant a Mutual Access Easement, allowing Fossil Creek the use of his driveway approach and rear drive exit for vehicular and FirelEmergency Vehicle ingress/Egress. Fossil Creek will also provide similar Mutual Access €ase~nts to the ad}'scent Property to the south. This adjoining Property is currently owned by Wiiiiam ©. Solider, Nurst, Texas. Proposed Development Schedule: Submittal of Package Store Appl"+catian PZ Meeting IS` Cauncii Meeting 2"d Council Meeting Submittal afi Construction Permit Application Commencement of Construction Certificate of Occupancy pperatlans Plan: Hours of Operation - 20.00 am to 9:00 pm Open Daily -Monday through Saturday, Closed on Sunday ft of Employees -Seven Economic C~evelapment lnfarmatfan: March 18, 2011 April 2S, 2011 May 17, 2011 June 7, 2011 June IS, 2011 July 1, 2011 October 1, 2011 Total Square Feet -Building 7Q00 Tota6 Estimated -Annual Sales ~~~~~~~-~ €stimated Sales/Sq.Ft. $557.141Sq.Ft. Estimated Annual Ad Valorem Tax $37,447.26 €stimated Annual Sales Tax $321,'50.00 if additional information is required, please contact Mark Stacy at 972.741.2281 ar Thank You, Mark Stacy Exhibit "C" -Site Plan ~ s ~ 5 ~ ~ ~ s a ~ ~$~ ~~« v 4g ~ ~ R ~ f ~ i~~~~ ~ $ ~ ~ 9s Q~~ ~ ~ i ~i €uY k ~ ~ i ~~ .~yy p[ ~ i A ~ ~ ld 4'~ yy ki:R... „,.. '~ 55 R 9a ~ t ~ - b~ ~ yy t ~ 3~ °hr ~e ~ r ^y-f- _. ~A 9 ~ ~ ~ ~ ~ ~d £~"ig$$ O ~~s.. ~ a ~ ~e ~ C~~y 7g~, y$ jg &~4x ~ ~ Z B< ~ ~ i ~ ~ ~~I ~~ ~~~t~ ~ c a i ~ ~e '~, ;~ ~~~ "~ a ~i1 ~' ~ ~ 9 V ~ k ~~ ~ 'ry ~ I ' •g ~~ ~ 4~ ~ C ~.. .: S ~ .. .. ¢ } ~ ., yn ~ $ ~Y~ y X' ~~ 5 q ~~ ~ ~ ~ ,~a ~ 1 e4'IE ~ ~ ~~ a~ ( ~_ f ~ ~ _I ~ I i 9 ~+~ ~. - i x i s" pp{{ ,,I ~~ ~ ~. I ~ : :6 ~ ;} I fa I I ~a f~~+ ry`i w W .a E"'~ U z U W x a s t~ r ~~ fi~ Exhibit "D" -Sign Exhibits Sign Exhibits d' U O L d ~/ ~~ '~ / ~~ ~_rr~ Exhibit "E" -Building Elevations 6~