HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-5/9/2011City of Colleyville
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www. Colleyville. com
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Meeting Agenda
Monday, May 9, 2011
6:15 PM
City Council Chambers
Planning and Zoning Commission
City of Colleyville 100 Main Street
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Planning and Zoning Commission
Monday, May 9, 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 Dudziak
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
April 25, 2011
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
7. PUBLIC HEARING AGENDA ITEMS
7a 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
City of Colleyville Page 1 Printed on 4/28/2011
Planning and Zoning Commission Meeting Agenda
May 9, 2011
9
ENT
I herebertify the ve agenda was posted on the bulletin boards at City Hall
on Frid ,May 6, 20 by 5:00 p.m.
Amy Shelley, Community Development Coordinator
City of Col/eyville Page 2 Printed on 4/28/2011
City of Colleyville
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www. Colleyville. com
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Minutes -Draft
Monday, April 25, 2011
6:15 PM
City Council Chambers
Planning and Zoning Commission
.,,~
'~"' City of Colleyville
~~ Minutes -Draft
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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
The Planning and Zoning Commission meeting of the City of Colleyville
was called to order by Chairman Byerly on April 25, 2011 at 7:03 p.m.
2. ROLL CALL
Present: Commissioners Larry Knox, .Dave Dudziak, David Wheelwright,
Ron Rotthaus, David Phelps and Jeff Byerly
Absent: Commissioner Don Davis
Staff Present: Ron Ruthven, Jackie Reyff, Steve Dye, Jeremy Hutt, Rob
McKeown, Marty Wieder and Amy Shelley
Councilmember Present: Carol Wollin
3.
INVOCATION
The invocation was given by Commissioner Knox.
4.
5.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Commissioner Phelps moved to approve the March 28, 2011 meeting
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Planning and Zoning Commission Minutes -Draft
April 25, 2011
minutes with minor grammar corrections. Commissioner Knox
seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Wheelwright, Rotthaus, Phelps, Byerly
Absent: 1 -Davis
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
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 PC 11-004
Ron Ruthven presented the case and briefed the Commissioners.
Roger Hart, the applicant, came forward to present the case and brief
the Commissioners.
Commissioner Rotthaus moved to approve case PC11-004.
Commissioner Byerly seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Wheelwright, Rotthaus, Phelps, Byerly
Absent: 1 -Davis
City of Colleyville Page 2 Printed on 4/28/2011
Planning and Zoning Commission Minutes -Draft 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
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Dudziak stated the section of the Land Development
Code regarding the use of the parking spaces at the gas pumps. He
stated it clearly states that those parking spaces are for the convenience
store use.
Commissioner Byerly opened the public hearing at 7:10 p.m.
Atef Henary, the applicant, came forward to present the case and brief
the Commissioners.
Commissioner Dudziak stated having an issue with using the parking
spaces at the gas pumps for the package store use. He questioned Mr.
Henary regarding how the parking would be addressed if the parking
spaces at the gas pumps are not counted towards this use. Mr. Henary
stated customers are parking, getting gas and coming into the store to
buy other items. He stated they are already using those spaces for
parking.
Commissioner Dudziak stated that another business is being created on
this property. He stated those customers are not going to be able to pay
for their gas inside the package store. Mr. Henary stated most of the
customers pay for their gas at the pumps and then leave. He further
stated that he has nine more parking spaces than what the code
requires.
Commissioner Byerly questioned Mr. Henary regarding what has
changed on this submittal from the previous submittal. Mr. Henary
stated the City Council denied the request based on traffic and second, a
year ago, no one knew anything about package stores, about crime and
traffic. He stated that since some have opened the City can make a
decision based on the facts of stores that have already opened.
Commissioner Byerly questioned Mr. Henary regarding if he has talked
with the neighbor to get a shared parking agreement. Mr. Henary stated
he has talked with him and that there are some things that he has to
work out with his bank regarding the loan and he stated that if he were to
sell the business, he does not how the parking agreement would work
with the new owners.
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Planning and Zoning Commission Minutes -Draft
April 25, 2011
Commissioner Rotthaus questioned Mr. Henary regarding where
deliveries going to be made after construction. Mr. Henary replied at the
back of the store, as they are done now.
Commissioner Rotthaus stated he thought some of the deliveries are
made in the front of the store. Mr. Henary stated sometimes, but most of
the time they are done in the back of the store. He stated they are
allowed to have deliveries in the alley.
Discussion occurred between Commissioner Phelps and Mr. Henary
regarding the number of parking spaces. Commissioner Phelps stated
being concerned with using the parking at the pumps toward the
package store use. He stated, at times, the moving around, the flow of
the traffic, of the business is sometimes hard. Mr. Henary stated if the
parking at the pumps is eliminated, then there is still parking that meets
the code.
Mr. Henary stated he does not feel that he will be as busy as Goody
Goody or Bear Creek. He stated his customers have asked for liquor
sales. He further stated that he will be closing two businesses to open
up the package store use. He stated the other two businesses are
causing him to lose money. He stated he is not going to be carrying all
of the varieties that other liquor stores will be carrying. He stated he just
wants to expand his sales.
There being no one wishing to speak, the public hearing was closed at
7:27 p.m.
Discussion occurred between staff and Commissioner Phelps regarding
the number of parking spaces on the exhibit compared to the number of
parking spaces mentioned in the briefing. Ron Ruthven stated there are
31 parking spaces on the site plan. Commissioner Phelps stated they
are three spaces short. Ron Ruthven concurred.
Commissioner Dudziak questioned staff regarding if there is enough
space between the canopy and the parking spaces along Brown Trail for
a 24 foot fire lane. Fire Marshal Rob McKeown replied the fire lane is
marked at the rear of the property. He stated there is sufficient room to
operate emergency vehicles and the fire lane does meet the fire code.
Commissioner Rotthaus questioned Rob McKeown regarding the parking
of delivery trucks in the alley. Rob McKeown replied the law allows for
the delivery trucks to be parked there when they are actively loading and
unloading. He stated it becomes an issue if they are just parked there
and not doing anything.
Commissioner Rotthaus stated having concerns for customers parking at
City of Colleyville Page 4 Printed on 4/28/2011
Planning and Zoning Commission Minutes -Draft
April 25, 2011
the gas pumps and creating issues with traffic flow for customers waiting
to get gas. He stated this facility is hard to get around even when it is
not busy. He stated if there are no parking spaces up front, the
customers will park wherever they can.
Commissioner Phelps stated he would like to see more parking and the
flow with traffic. However, the applicant currently meets the code, even
without the parking spaces at the gas pumps. He stated the supply and
demand part of the operation will dictate where the consumer shops. He
stated having an issue with the parking but further stating that he does
support the applicant and his business.
Commissioner Wheelwright stated the applicant is closing two
businesses and opening a new business. He stated he feels the parking
is sufficient.
Commissioner Dudziak questioned Mr. Henary regarding if there is any
way to reconfigure the parking to be able to find additional parking
spaces within the subject property. Mr. Henary replied he would have to
get with his architect to try and figure it out. He stated if he took off
some of the package store square footage on the back to make more
parking spaces. He further stated that the customers are going to park
at the gas pumps.
Commissioner Byerly stated he would like to see some of the parking
moved off this site. He further stated he would like to see a formalized
parking agreement with the adjacent business. Mr. Henary stated
customers will park in those spaces regardless. He stated customers
park at the gas pumps and go to the dry cleaners.
Commissioner Dudziak concurred with Commissioner Byerly and stated
parking spaces could be on site or off site. Mr. Henary stated he would
prefer to work with his subject property and not have to work with an
agreement with the adjacent neighbor. Commissioner Dudziak agreed.
Commissioner Phelps concurred and stated that the parking in the back
could be for the employees and still meet the code.
Commissioner Phelps moved to continue case ZC11-006 to the May 9,
2011 meeting. Commissioner Dudziak seconded.
The motion to continue this item on the May 9, 2011 meeting carried
by the following vote:
Aye: 6 -Knox, Dudziak, Wheelwright, Rotthaus, Phelps, Byerly
Absent: 1 -Davis
Cify of Colleyville Page 5 Printed on 4/28/2011
Planning and Zoning Commission Minutes -Draft April 25, 2011
8b Approval of a request for a zoning change from R40-Single Family
Residential to CC2-Shopping Center and a request for a Special Use
Permit for a Package Store on 1.2 acres at Tract 1 D, Abstract 1154, of
the R.N. McEwing Survey located at 8070 Precinct Line Road, Case
ZC 11-007
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Phelps questioned staff regarding the property to the
north has a stub out even though there is no formal agreement in place
for the subject property. Ron Ruthven concurred and further stated that
there may be an agreement made by separate instrument.
Commissioner Phelps questioned staff regarding if the mutual access
would continue to the properties to the south. Ron Ruthven concurred.
Commissioner Byerly opened the public hearing at 7:51 p.m.
Mark Stacy, the applicant, came forward to present the case and brief
the Commissioners.
Commissioner Dudziak questioned Mr. Stacy regarding if a mutual
access agreement has been submitted to staff. Mr. Stacy replied the
documents have been signed and notarized with the property to the
north. Ron Ruthven concurred and stated those agreements would be
done through a separate instrument but have not received a completed
document. Mr. Stacy stated upon the sale of the property, all necessary
documents will be submitted.
Commissioner Dudziak questioned Mr. Stacy regarding why not have
access from Precinct Line Road? Mr. Stacy stated they do not meet
TxDot's requirements for a driveway cut. He stated once the property to
the south is sold, they will have access from Precinct Line Road and this
subject property would have mutual access and then would have access
from Precinct Line Road.
There being no one wishing to speak, the public hearing was closed at
7:53 p.m.
Commissioner Knox questioned staff regarding if this were to be
approved tonight, would they have to plat this property with mutual
access prior to the issuance of a building permit. Ron Ruthven
concurred.
Commissioner Dudziak stated he would like to see if some of these
agreements are actually in place before making a decision tonight.
City of Colleyville Page 6 Printed on 4/28/2011
Planning and Zoning Commission Minutes -Draft April 25, 2011
Commissioner Byerly stated there are contingencies in place and the
proposed ordinance has the requirement for the mutual access. He
stated he believes the applicant will have these in place. He stated the
stub outs have already been planned for with the north property. He
further stated the applicant cannot get a permit without them.
Commissioner Dudziak stated the Commissioners are supposed to see
everything prior to approving anything.
Commissioner Byerly moved to approve case ZC11-007. Commissioner
Phelps seconded with a friendly amendment stating wanting to see the
actual stub outs to the south amended on the exhibits. Ron Ruthven
stated when the plat comes through; the stub outs will be required to the
property to the south. Those will be put on the building permit exhibits.
Commissioner Byerly stated those requirements are in the proposed
ordinance.
Commissioner Phelps stated he would like to see those on the diagrams
City Attorney Matthew Boyle stated Section 4c of the proposed
ordinance states that the mutual access easements are a requirement of
the platting process.
Commissioner Wheelwright questioned staff if the easements will be
required to go the property to the south. Ron Ruthven concurred.
Commissioner Phelps questioned staff regarding if this stub out will be
mirrored to the south. Ron Ruthven stated giving not knowing the
development of the property to the south, the Land Development Code
requires access but does not specify the design.
Commissioner Dudziak questioned Mr. Stacy regarding if distribution will
be on this property. Mr. Stacy stated at this time there are no plans for a
distributorship at this location at this time.
Commissioner Dudziak questioned Mr. Stacy regarding if he has met
with the police department regarding their requirements. Mr. Stacy
replied they meet and exceed those requirements.
Mr. Stacy stated they are preparing for access to the south property but
that they have to own the property before they can get the access.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Wheelwright, Rotthaus, Phelps, Byerly
Absent: 1 -Davis
City of Colleyville Page 7 Printed on 4/28/2011
Planning and Zoning Commission Minutes -Draft
April 25, 2011
9. ADJOURNMENT
The meeting adjourned at 8:03 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Thursday, April 21, 2011 by 5:00 p.m.
Amy Shelley, Community Development Coordinator
City of Colleyville Page 8 Printed on 4/28/2011
C.iP
Cit of Colle ville City Hall
'' ~' ~,~,~ Y Y 100 Main Street
`'~~~ql""~` 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: 05/09/2011
Agenda No.: 7a
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 46, Block 1, of the
Brown Trail-West Addition located at 4405 Colleyville Boulevard, Case ZC11-006
Attachments: Location and Zoning Map Notification List Letters of Opposition Statement of Planning
Objectives Existing Site Plan Previous Proposed Site Plan Revised Proposed Site
Plan with Updated Parking Spaces Demolition Floor Plan Proposed Building Elevations
Proposed Floor Plan Sign Exhibits Proposed Ordinance
History of Legislative File
Version: Date: Acting Body: Action Text:
1 04/25/2011 Planning and Zoning
Commission
1 05/09/2011 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
Update
The Planning and Zoning Commission continued this agenda item during the April 25, 2011
meeting to give the applicant additional time to meet with an architect to add more parking
spaces to the site plan with the proposed package store request.
The applicant has submitted a revised proposed site plan exhibit with updated parking
spaces. The applicant has excluded the parking spaces at the gas pumps and has added
six (6) parking spaces on the subject property therefore meeting the required number of
parking spaces per the Land Development Code. Since the applicant has met the required
number of parking spaces for this use, on the subject property, staff has removed the
shared parking agreement requirement from the proposed ordinance.
Additionally, the Mobil station has since been changed to an Exxon station because of the
merger with Exxon/Mobil. Staff has updated the briefing to reflect this change.
City of Colleyville Page 1 Printed on 5/5/2011
Agenda Briefing Continued
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
Exxon 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
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 Exxon, 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.
Parkin
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 23 parking spaces.
The site plan provided by the applicant indicates 26 parking spaces, excluding parking at
the gasoline pumps. The Land Development Code neither restricts or allows parking at a
gasoline pump to be counted toward required parking totals.
City of Colleyville Page 2 Printed on 5/5/2011
Agenda Briefing Continued
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.
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 located 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
City of Colleyville Page 3 Printed on 5/5/2011
Agenda Briefing Continued
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.
Si_gna_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
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
City of Colleyville Page 4 Printed on 5/5/2011
Agenda Briefing Continued
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.
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.
City of Colleyville Page 5 Printed on 5/5/2011
Agenda Briefing Continued
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 two letters 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:
- 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:
City of Colleyville Page 6 Prlntea on aioavi ~
Agenda Briefing Continued
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 7 Printed on 5/5/2011
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 Colle ille 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 Buildin s 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 Colle ille TX 76034 004517 Colle ille Blvd
Vcc J&M Cor oration 4409 Collyville Blvd Colle ille 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
Rudel, Chandi L nn 112 Montreal Dr Hurst TX 76054 004400 Colleyville Blvd
Ghormle , James G Etux Tisha D 502 Green Meadow St N Colle ville TX 76034 000502 Green Meadow N
B n 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
Letters of Opposition
Planning and Zoning Commission 4/20/2011
City of Colleyville
Dear Sirs,
I am writing on the behalf of Family Healthcare Associates, a group of over 55 doctors
across the metroplex to voice our objection to the special permit for package liquor store
for 4405 Colleyville Blvd. I have written in the past stating our reasons for objections and
those reasons in our minds are still valid. Furthermore there are quite a few permits that
have already been issued which greatly reduces the need for further liquor stores. We,
the doctors at the Colleyville site are concerned about the prospect of Colleyville turning
into "Liquorville" as expressed by some residents who would like to see the law repealed.
In the past, the objection that I have voiced has been characterized as my personal
objection. Let me assure you that the opinions I express are not my own, but those of the
group, that I, as President of NEDOCS the owners of the Colleyville building, express on
the behalf of the group. I would like to be present in person to defend our objection but I
am on call and working at the after hours clinic on the 25~' of April. Dr. Taylor is going
to try to attend but I wanted to send this in case he is unable to attend.
Sincerely,
°~".,`°
David Lawson MD
RECEIVED
APR 21 ~n11
Par .............
Amy Shelley
Subject: FW: Opposition to Atef Henary's Liquor Store Application at Brown Trail and 26 -Zoning Case
Number ZC11-006
_,_ _u..~.- ... .._.... ..... __....._. _ .. _..__ . __.~..~ ---__________.... _ . .
From: Tisha Ghormley
Sent: Monday, April 25, 2011 3:23 PM
To; Ron Ruthven; Cynthia Singleton; David Kelly; Jon Ayers; Carol Wollin; Michael Muhm; Stan Hall; Tom Hart; Mike Taylor;
Amy Shelley
Cc: Jim Ghormley
Subject: Opposition to Atef Henary's Liquor Store Application at Brown Trail and 26 -Zoning Case Number ZC11-006
Dear Members of the Planning and Zoning Commission, City Council Officials, Mayor and other City Officials,
My name is Tisha Ghormley. I reside at 502 N Green Meadow Street in Colleyville with my husband, Jim, and three young
children. We received notice that this applicant has reapplied for a package store application for at the Exxon gas
station located at Brawn Trail and 26 because our home is within 500 feet of the above-referenced package store application.
I understand that this application is up for review tonight at the Planning and Zoning Commission meeting. My husband and
I opposed the application of the proposed liquor store at the corner of Brown Trail and 26 last time it was proposed. And,
our opposition has not changed.
Health and Safety Concerns
First, it is vital to our community that you continue to protect our citizens. In order to do so, it is imperative that you consider
the significant risk to the health and safety of our citizens that the operation of a liquor store at this location will
create. The green belt area along Big Bear Creek that is located directly behind the Exxon station has already been a spot
where people have gathered for criminal actions. There is a proposed trail that will run along Big Bear Creeek in this green
bait area between Colleyville Nature Center and 5parger Park. Selling liquor next to a public park trail is not suitable and
creates health and safety concerns. The health and safety of our citizens is also at risk because of the traffic and parking
issues related to this properly, which are detailed below.
Traffic and Parkin
Traffic flow, congestion and parking are already a significant issue at this intersection and especially in and out of the Exxon
parcel. I understand that the City has limitations placed on it by the TABC. But, I want to urge you to take a strict
constructionist view of the parking regulations when reviewing these package store applications in Colleyville. Please do not
liberally interpret the parking regulations, making concessions to the applicants for parking by allowing them to count parking
at a fuel tank or an adjoining parking lot, for example, as a parking space. Allowing parking at a fuel tank is unacceptable. If
there is not adequate parking on these sites, then application should be denied on that basis alone, no exceptions.
uit iii
Third, this is an unsuitable location for a liquor store because of the health and safety concerns and traffic and parking
concerns mentioned above. In addition, it is unsuitable to allow a liquor store to operate next to a church parcel. This Exxon
location is within 500 feet of the Assembly of God church property next to the Walgreens. The possibility of someone who
struggles with drinking alcohol in excess driving their car while under the influence of alcohol to this store is a real possibility.
That, combined with the fact that this is already a difficult and dangerous intersection to navigate, and it's location is so close
to small children, a church and a potential park trail, is an unaaeptab~ risk to accept. In addition, the operation of a liquor
store next to a church violates their sense of peace, morals and sense of decency.
In conclusion, this proposed liquor store has significant issues with traffic, health and safety of our community, and
suitability. Thus, I urge you to deny this package store application with prejudice, making it clear to the applicant that
reapplying a package store application in this location is not welcomed.
Thank you for your consideration. I look forward to your reply.
Tisha Ghormley
(817) 514-2331
Statement of Planning Objectives
Mr. Ron Ruthven , AICP, Director
Community Development
100 Main St.
Colleyville, TX. 76034
Dear Mr. Ruthven,
I am Atef Henary the owner of Colleyville 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 bulb
this store from the ground up 16 years ago.
I am applying for this SUP due to the mutiiple and the continues request from my
customer in Colleyville, Hurst, Bedford, and NRH to cony Liquor and to my believe that
this is a very convenience location to many residents in these cities,
And since we hove the experience ,the past track 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 wtih 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 addtiiona1955 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 security 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 eflicientiy 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 trees 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 extra 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 traffic congestions.
10) We will request from the neighboring business to the north a permission to share
his parking spaces with us.
RECEiVCn
MAR 1 8.20~~
Per .............
l 1) This property is zoned CC1 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 fhe integrity, quality and fhe value of our beautiful
city
Thank you for your cooperation,
Atef Henary
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ORDINANCE 0-11-XXXX
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 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 and described in Exhibit "B" and depicted in Exhibit "C".
b. The package store authorized by this Special Use Permit shall not
exceed 2,143 square feet in size.
2. PARKING
a. All required parking including the number, location and dimensions of
parking shall meet the minimum requirements of the Land Development
Code.
3. LANDSCAPING
a. All landscaping and buffering shall meet the minimum requirements of
Chapter 4-Landscaping and Buffering in the Land Development Code.
4. SIGNAGE
a. All signs advertising the package store shall meet the following
conditions: (1) the 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
Ordinance 0-10-xxxx
Page 3 of 4
Land Development Code; (3) Section 108.52 of the Texas Alcoholic
Beverage Code is hereby adopted by reference of which all
requirements pertaining to signage shall apply to this Special Use
Permit; (4) Upon abandonment of the business authorized by this
Special Use Permit, all signage advertising the package store shall be
removed in its entirety at the expense of the business and/or property
owner within thirty (30) days of abandonment.
4. DEVELOPMENT REQUIREMENTS
a. The building design of the business shall be generally consistent with
the attached Exhibit "E". Otherwise the final design shall, at a minimum,
have a design score of 32 as described in Chapter 6 of the Land
Development Code.
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 "F".
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
Ordinance 0-10-xxxx
Page 4 of 4
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
Exhibit "B" -Statement of Planning Objectives
teat Mr. Rvthven,
arrr ~-tel Nenary the owner of ColFeyvi~e Mobll station and ttse cvmranlarsca store
located at dd#~3 CoileyxlNwe Bl+/D and Brown Rr. and the appl6cant for the 3U'f far flier sale
of package >Nquor in the loeat~n menfksrsed r~rta~ve.
hcsve taaen a ~aBeyvMle resident for s+e test 13 yeas at Slit Brtctlewoad Ncarth, and bvllt
thta store from the up tlr yeas ago,.
! am apptytng for thh SUt due to the mvttlpla and the co~tirrues request from rmy
cust~arraer ~n Coite~y+~rtlle, lam, Bedford, and tiRH fo caery uquctr arrct to my a that
this tx a very ,~anwaMafrce locctHon b marry reslderr#s to these comes,
And since we have the exparlenCe . ~e track record and we harre a good
reputation to servtcing acrd su ltrese communities , else fio be head to heod wEth
our new arrct exlstlrrgi Gon~setltiorrs to pwresenre cry business and benetti the ~i+' firom the
generated sates tax, t would ice to apply to the S1tP wfth addra3atnrg as the aoncems tt~,rt
pray arise
Bus~ne~ss Flan
t~ We will trvttd a told opaque mall t#ar separate fire ertisfing sardw~ich restxsurant
~generaNng about ~1211Q.Olt sales tax per year] and ,a extsting~ 6arwash
~granasarsitng no sales foxy wBh cortislrvci#on of an ad 955 xquare feet a total
of 21+13 squ~a feet wl~ co~rrspslyre lase package store ~ wB'tr a s®parate errtranee
ar~i ditPerant hours at ~araNon the romotnirug X185 swore Meet wtrlch wlti be
utilized os the Ct~rlver~errce tiara and the gat statitfn
2~ Nfe updated tuecutgy syst~nn fro rercort! and store IntormaBorr for nsore than
days: atso we wtil add ~ c~ Hit txeCy carrserac h> our sxlsting 7 cameras tt
make a total cf 9 rrameras and around the premises,
3a try efNc[entty raze ilia apa+~es around the building and ar+arcrrsd the Canvertwd car
wash we wlti be alble to add 6 park#sg spacer to the +exisdng ones to be a total of
3~ abo~vt 9 more tpacet fihan whet the city ordnance require.
+!j 'We w~ add about ~{ wcrN pack Bghts ara+und the bafik and sides ~ the twtding.
5j Vlf+e wrB odd two ~ inch caber trees on FtiN1f ~~ and Brawn Tr. to sathdy ties egy
artitnan~ess.
b) we wIB like ass expadarec! and a~AltC Bcensed layaa and marrgnr lrs
Operate Nre 1Ggvar stores Iran lfl.il(1 ANI to 9:t~EE1 PM, Monday through Satuurday.
7} Based on the study we oondUCted shovwed fleet lhts kscaNo~n gat-rwrate yrarty
an exlrxr ~ 3QO,O~IlO.t'tQ worth of ss~es approadrrsataly and ai exha wiles Eax of
~C'1,01t0.tat1 also an Ad 'Vatnrem tax of $~tll~#gt Int.
!t} Gontrhuettan of the bvtldding and a+cctrsfrng ilia t'A~ ttc+errse and open for
business wtl take about 4 to ~ marrth lram ffie Nnte of the approvd dl lire e~y
council rtsarrsbert.
9) Wa w111 hire an englneerlrt9 company to crsrrduct a TrafMc study to address any
corr+caaxs tar l~ r:csttgastlorts.
tgy We wBl ra~quest frcrn the nelghborlrrg business l+o #re north a perrnssian to share
iris partring spaces wtih vs.
l t) this property h xorsed CC t and all swroundIng proms within Std heat ors
x~anod CCI ar CG2 and the d6atanca to the clasatt Church ,School , or Day core
Is rrrssre ihan #Sl3 tact,
iM Hire dedicated to preserve the ~nt,~gr~y, quct€tlhtr arm! the value a~car beauty
~iFyo
Thank you fcrr year coQperatlcsnr
Atel' Nssrewy
Exhibit "C" -Site Plan
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Exhibit "D" -Sign Exhibits
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Exhibit "E" -Building Elevations
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Exhibit "F"
CRIME PREVENTION RECOMMENDATIONS FOR
CONVENIENCE STORES AND PACKAGE STORES
Purpose
The purpose of these recommendations are to protect the health, safety, and welfare of
the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the
escalation of crime, and increasing the successful prosecution of crime that may occur
in a convenience store or package store in the City. To this end, these
recommendations address best practices in crime prevention through environmental
design including height markers, visibility into and around the business, alarm systems,
physical security, drop safes, surveillance camera systems, and minimum staffing
requirements.
Definitions
Unless otherwise expressly stated, the following terms shall, for the purposes of these
recommendations, have the meanings indicated in this section:
"Convenience Store" means an establishment designed, intended, adapted or used
primarily to provide for consumer shopping of a brief duration, characterized by a limited
product mix (generally emphasizing prepared and snack foods, beverages, tobacco
products or gasoline/motor vehicle fuel), close-in parking, and limited retail space.
"Drop Safe" means a cash management device in which money can be deposited
without the depositor having access to the contents.
"Employee" means any person listed on the payroll of a convenience store or package
store as an employee, whether part-time, full-time, permanent, or temporary. The term
does not include a person providing only janitorial or security services to the store.
"Height Marker" means a measuring strip that is attached on or near the door frame of
doors used for ingress and egress to the store to aid in identifying the height of a person
suspected of committing a crime.
"Package Store" means a retail establishment that sells "liquor", as defined by the
Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise
consumption.
"Manager" means the person designated as the supervisor or person in charge of the
operations of the store.
"Owner" means the person or persons who hold title to, leases or has a possessory
interest in property for the purpose of operating aconvenience/package store.
Height strips
A convenience/package store shall have height strips posted at all public exits to aid in
obtaining a physical description on any suspicious person or suspect in a criminal
offense.
Visibility
A) A convenience/package store shall maintain an unobstructed line of sight
allowing a clear view of and from the cash register and sales transaction area
through all windows and public access doors. Such windows and doors must be
clear of all items that would obstruct a clear view including, but not limited to,
tinting, signage, advertisements, shelving, and merchandise. Such unobstructed
line of sight must, at a minimum, extend from three feet above the ground to at
least six feet above the ground.
B) Landscaping shall be maintained in a manner that allows an unobstructed view of
all windows and doors in an attempt to prevent blind spots or places of
concealment.
Alarm system
A) A convenience/package store shall have a silent panic or holdup alarm system
for which a permit has been issued by the City. This system shall, at a
minimum, include a panic button located within reach of the cash register and
out of view of the customer. Such panic button will generate an alarm signal
indicating a holdup or other life-threatening emergency requiring a police
department response.
B) A convenience/package store shall have posted at all public exits and entrances
signs or decals indicating that a security alarm system is in use.
Entrances and Exits
A) All doorways shall be secured with a deadbolt lock. Deadbolt locks within 40
inches of a breakable surface must be a double cylinder lock.
B) Service or delivery entrances shall be equipped with an exterior, high resolution
digital video camera or a "peep hole", which enables employees to visually
observe the area immediately outside the door.
Drop safe
A) A convenience/package store shall have a drop safe on the premises to keep the
amount of cash available to employees to a minimum. A drop safe must be
bolted to the floor and may have atime-delay mechanism to allow small amounts
of change to be removed.
B) A convenience/package store shall have a written cash accountability policy
mandating the maximum amounts of cash that can be kept in cash registers.
C) A convenience/package store shall have posted, at or near the point(s) of sale,
decals or signs indicating that employees cannot open the safe and that
employees have minimum cash on hand.
Surveillance camera system
A) A convenience/package store shall have a minimum of two, color digital high-
resolution surveillance cameras. One camera must have an overall view of the
counter/register area and the other camera a view of the main entrance/exit area
and both shall display the correct date and time of the recording.
B) The entrance/exit area camera shall be placed to provide a clear and identifiable
full frame of the filmed individual's face.
C) The cameras shall be operated at all times including hours when the store is not
open for business.
D) The owner or manager shall provide the police department, upon request, digital
color images in connection with any criminal investigation.
E) The owner or manager shall maintain a library of the recorded digital images for
not less than 30 days.
F) A convenience/package store shall have posted, at or near the point(s) of sale,
signs or decals indicating that surveillance cameras are in use.
Minimum Staffing
(A) A convenience/package store will maintain a minimum staffing of at least two (2)
employees on-site at all times when the business is open.