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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 ~'.4~~~ i,~' ~ ~. =~~~ ~ ~~ r;~~:`,~ Meeting Agenda Monday, May 9, 2011 6:15 PM City Council Chambers Planning and Zoning Commission City of Colleyville 100 Main Street ,'~~`7~~ ~ Colleyville, Texas 76034 ""`~ Meetln A enda 817.503.1000 •r.,~:,~ g g wvvvv.colfeyville.com 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 ;~,~, ~- `=~~-= -~ ~ ;~ _~` F j1`t al Minutes -Draft Monday, April 25, 2011 6:15 PM City Council Chambers Planning and Zoning Commission .,,~ '~"' City of Colleyville ~~ Minutes -Draft ~;-:.; 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 City of Colleyville Page 1 Printed on 4/28/2011 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. City of Colleyville Page 3 Printed on 4/28/2011 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 $7000.00. 8) Construction of the building and acquiring the TABC license and open for business will take about 4 to 6 month from the time of the approval of the city council members. 9) We will hire an engineering company to conduct a Traffic study to address any concerns for traffic congestions. 10) We will request from the neighboring business to the north a permission to share his parking spaces with us. RECEiVCn MAR 1 8.20~~ Per ............. l 1) This property is zoned CC1 and all surrounding properties within 500 feet are zoned CC1 or CC2 and the distance to the closest Church ,School , or Day care Is more than 650 feet. We are dedicated to preserve fhe integrity, quality and fhe value of our beautiful city Thank you for your cooperation, Atef Henary ~~ Existing Site Plan j ~ ~ ~~ I~ lilZ~ r~ i ~=~ ~ o d ~ ~ _ ~~ ~ ~ ~ ~ NW ~~~~ k _ _.__,~ _ _ . ~ o _ ~- _ ~ ~`, _~ ~ U __ __ _... _. -~- - ---_ _.~-- --------------- ~----- -f/ ~ ~~ W ~ ' ~ ~ ,~ _ ' - - -$~ --t - - - - ---~- am~~~°u e 1 ~ \`~ / i /~ Y ~~`\\` ~~ ~~, ~ f. \ ~\~\ ~; '~.~ `' ~, ~. `~t `~ ~~ ~~ ~~ ~,. - I \l~ ~ ~ ~I ~ ----~ ~fl WIgINIB .O- 1 Ai'u~ m.wswrre SK~ 3~ QAlB 3'1'l1AJl3~'10~ i7 ~~ ;~ y ~~ x~ ._ ~ .ML ~ F-`_1 - J - R n o ~~ ~. z ~~ o wig 0' t1) ti I s n O fffr 4 x ~ R ~ ~ ~~~~~ ®~~ ~~~sE .Previous Proposed Site Plan '~ A, ~ff ~ as ~a~ ~I ! 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F ` ~ _ - ~ ~ - .- 3 _ - ~ F ~= 4 - # _ ~ ~ __ __ '~. - __. - - - _ _ ~ _7- ~ ~ ~~ ~~ - y Y ._ 78* ~ y~F~ 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 ` ; lAOR7 ... ,. ..- ~. - .; fNkwliNlCi 0 ~ „ '` ~- ~~,- y. - ~.c w s S ~ 4``4 :-i r~ik ~ ~ ~`xr--' y~, ~ ~~, ~t `j" ix ~ ~ y, t -- + ~' _ ~ ~ t ~ ~_ ~., ~ .arrr+~,u,r,~ /GWIN' ~~'g~~? ~ ~ ~ _. -~ mot- C.#A1!'M~'jk'• ~~Y ~L,4tx~k~!"~+"~ ^+~wn~. y ,`~,`~ ~ r .._'S~ ~ ~''t'~_`i~• .~.e. ,._~ __ _ BRi~Wt~ • a1/'f~~ ..~.._....~..,.:,.„..: __.. J*'uTT WIYMT' .. ~.~_ E ~_- -. ~ { ~~ _. -.~ E ~'~. _ ~f i ~ ~ ~c,ur+ser --- urr7 ~ k ; ~; f 4. ~ ~ r ~~~ ~ i ~ _..- _.... ~....n.~. ~ __ ._ ~ ~ i~ ~' fir' ~ .3 .E~ 3~. ( ~ _ ~~' { r f KYQRi` ~w~.w w cr~rsr: c-»at ~ r ~r x-~..r Via.,,. Exhibit "D" -Sign Exhibits ~ _ ~ ~ . . s ,~ _x~ -. Ch - ~ -. SC -- ' -t, ~• ~~~ r .~ ~ ' fi ac - ,, ,~. f , °~'~. ~ J ~ , f - ~ . 4Ats~ r _ ' - -- ~__.LL , _ -. ... _ ~ri~~~P y ' - - __ rte` _ - ~.d!a <.~.. ~~~~~~ Via ~~ - _ .F _._ Mtn - -, - --. _ ~- - _ _ -k- -T _ Exhibit "E" -Building Elevations _~;~~_ ~ . .~ 9,~ nW _,K~-.. _...,_ ~,.~ _ ._ _ ~.F~ mar __ -, E ~ ' ..-,~ i c . ~_. II- -_ - - _ - _ - - - _ _ -. - " - . .. y. r., ~ ., I 1 ,`~ 11.:~~' ~ ~ ~ 7 -~~i-.. ~.1 ~It .. fa"T 7~ ~ lr ~.'yk'tT 17tt. ~'.i'Llil: ~ _.'t'I IY ,i~h: ,:t1.1..r!.,1r.i7 _, fIrlf ~~ i ~;, ~~ - c y P_'II ~ .'1 I t ~1 1 1~ I 7~ C T 7 f ~~ ~ [~ I L t L~ 1 .~.~7 ~t 7 Iii .-Ti_'.._.Lr++I `r rT .. t. ,r r . L~'~ ~ i~~~ - _i f.~~ ~ ~ ~` ~' r ~ ,1: f'- i~~'~ ~'~1' Y'[I .'. i itll. 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.