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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-7/25/2011City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ,~ ~: ~, ~, ~= r~~..,~ Meeting Agenda Monday, July 25, 2011 6:15 PM City Council Chambers Planning and Zoning Commission ~~~~ ~~- City of Colleyville L ,~~` ~~~- Meeting Agenda ~; ,., Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, July 25, 2011 6:15 PM City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Rotthaus 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES July 11, 2011 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a request for a minor plat on 8.1 acres on Tract 1 B, Abstract 1154 of the RH McEwing Survey located at 8100 Precinct Line Road, Case PC 11-007 City of Colleyville Page 1 Printed on 7/21/2011 Planning and Zoning Commission Meeting Agenda July 25, 2011 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Tract 1 B, Abstract 1154 of the RH McEwing Survey located at 8100 Precinct Line Road, Case ZC11-014 8b Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 5A, Block 2, of the Andy Felps Addition located at 4205 Colleyville Boulevard, Case ZC11-013 9. ADJOURNMENT I herecertify the aRZbve agenda was posted on the bulletin boards at City Hall on Fri y, July 22, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 2 Printed on 7/21/2011 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com t`.i~l' rij ~~ Minutes -Draft Monday, July 11, 2011 6:15 PM City Council Chambers Planning and Zoning Commission " ' City of Colleyville `~`~ d"`; Minutes -Draft ,,:.., Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyvil le.com Monday, July 11, 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 July 11, 2011. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Marty Wieder, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Phelps. 4 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Davis moved to approve the May 9, 2011 meeting minutes as written. Commissioner Rotthaus seconded. City of Colleyville Page 1 Printed on 7/12/2011 Planning and Zoning Commission Minutes -Draft July 11, 2011 The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a replat on 2.0 acres on Lot 1, Block 1 of the Fisher Addition located at 5513 Montclair Drive, Case PC11-001 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:11 p.m. Don Enty, the applicant and property owner, came forward to present the case and brief the Commissioners. There being no one wishing to speak, the public hearing was closed at 7:12 p.m. Commissioner Phelps moved to approve case PC11-001. Commissioner Knox seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 7b Approval of a request to rezone Lots 1-16, Block 1 of the Colleyville Heights Addition from R10-Single Family Residential to PUDR-Planned Unit Development Residential located in the 800 block of Regina Court and 5408 South Drive, Case ZC11-008 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:15 p.m. Shawn Coghlan, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Coghlan regarding if the market dynamics require a larger first floor space. Mr. Coghlan replied that there is a market for a larger first floor space to help cut down the maintenance of the lot. City of Colleyville Page 2 Printed on 7/12/2011 Planning and Zoning Commission Minutes -Draft July 11, 2011 Commissioner Dudziak stated the development does not meet the open space requirements. He further stated that other developers have set aside the requried amount of open space for such a development. Commissioner Dudziak questioned Mr. Coghlan regarding if there is something that could be done to allow for more open space. Mr. Coghlan replied they could potentially give up Lot 1 to allow for more open space however, it may not be an economically feasible option. He stated that once the developer was done, they purchased all but two of the lots for construction. He stated once they started building on those lots, the lot coverage percentage was calculated differently by staff than it is done now which has caused the need for a larger percentage for lot coverage. He stated the only square footage that was counted for lot coverage percentage was air conditioned space which allowed for the larger homes to be constructed. He stated the area under roof is now what is considered for lot coverage which incorporates the garages and porch areas. He further stated that this puts them at a competitive disadvantage. Commissioner Davis questioned Mr. Coghlan why this was changed? Ron Ruthven clarified the interpretation of the lot coverage percentage to be the area in which the building footprint encompasses; the actual foot print of the building not just the air conditioned space. He further stated that this interpretation has changed just in the last few years; an administrative lapse. Commissioner Phelps questioned staff regarding if there is an air conditioned space above the garage area, is that area included in the calculation? Ron Ruthven replied it would not be the square footage of the home itself, but of the footprint, the outline, of the house itself. Commissioner Phelps stated having a concern for the lack of open space. He further stated that the existing open space, with today's standards, does not count as open space. He stated it is taking a congested neighborhood and making it more congested. Mr. Coghlan stated that he does not know for sure if anything more can be done with the open space requirement; they have inherited it. He further explained that they want a little more of lot coverage so that they can construct a reasonably sized, first floor that includes a three car garage. Todd Handwerk, President of Calais Custom Homes, stated the briefing packet contains a small lot subdivision list for properties in Colleyville. He stated that this development will be less dense than 85 percent of the subdivisions on this list. Commissioner Phelps questioned Mr. Coghlan if the intention is to build a one story home on several of these lots or to have a larger first floor City of Colleyville Page 3 Printed on 7/12/2011 Planning and Zoning Commission Minutes -Draft July 11, 2011 with a two story home? Mr. Coghlan replied there is a need for a secondary living on a story and half structure. He stated they are asking fora 50 percent lot coverage. He stated the current zoning is so restrictive on the 35 percent that they are not able to take advantage of the setbacks that were established. Discussion occurred between Mr. Handwerk and the Commissioners regarding the setbacks. Mr. Handwerk stated that the R10 zoning was deleted in 1976; he stated it just does not work in today's environment. Commissioner Knox questioned Mr. Handwerk regarding if the calculation changed after development started taking place. Mr. Handwerk replied yes and that about a year ago, they tried to get a variance on a lot that went over the lot coverage percentage, by about three percent, and were denied the request. He stated that they visited with staff and staff recommended them to move forward with a zoning change. Commissioner Davis questioned staff regarding what type of precedence is set by approving this request for the rest of the City. Ron Ruthven replied it would not set precedence because this property is unique. He further stated that most of the R10 zoned lots, in the City, exceed the actual 10,000 square foot lot size requirement. Karen Moore, 5412 South Drive, stated that she is in favor of this request especially if this will help develop the vacant lots. There being no one wishing to speak, the public hearing was closed at 7:31 p.m. Commissioner Dudziak questioned staff regarding if the request is just for the lot coverage in this PUD? Ron Ruthven replied yes. Commissioner Dudziak questioned staff regarding if the PUD could be limited to just the lot coverage percentage without changing the actual setbacks. Ron Ruthven replied yes. Commissioner Dudziak questioned Mr. Handwerk regarding if that would solve the problem. Mr. Handwerk replied that would help but with moving the setbacks it allows for more articulations with the construction. He stated it would not solve the problem. Commissioner Dudziak questioned Mr. Handwerk regarding if a five foot variation on the rear would be acceptable. Mr. Handwerk replied yes, it would help. Mr. Coghlan explained an exhibit that was presented in the briefing City of Colleyville Page 4 Printed on 7/12/2011 Planning and Zoning Commission Minutes -Draft July 11, 2011 regarding setbacks and lot coverage percentages. Commissioner Byerly stated that the builder is trying to get the benefit of the R10 zoning, which is grandfathered, and then trying to get a PUD, without taking on the burden of having to provide requirements for PUD developments. He stated with no open space and massive lot coverage, the development will look congested. Commissioner Byerly moved to deny case ZC11-008. Commissioner Dudziak seconded. The motion to deny carried by the following vote: Aye: 4 -Dudziak, Wheelwright, Phelps, Byerly Nay: 3 -Knox, Davis, Rotthaus 7c Approval of a request for a Special Use Permit to allow for horses on Lot 6R1, Block 2, of the Reagan Estates Addition, located at 5514 Lowrie Road, Case ZC11-010 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if this ordinance is limited to two horses, no other animals. Ron Ruthven replied correct, specifically for horses. Commissioner Byerly opened the public hearing at 7:40 p.m. Charles Lowrance, the applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Rotthaus questioned Mr. Lowrance regarding if there were horses there previously, roughly a year ago? Mr. Lowrance replied yes, and stated he wants to be in compliance with the zoning regulations. There being no one wishing to speak, the public hearing was closed at 7:41 p.m. Commissioner Dudziak moved to approve case ZC11-010. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 7d Approval of a request for a Special Use Permit for on-premise alcoholic City of Colleyville Page 5 Printed on 7/12/2011 Planning and Zoning Commission Minutes -Draft July 11, 2011 beverages sales on Lot 2A, Block 1, of the Market Addition located at 5003 Colleyville Boulevard, Case ZC11-012 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding if they will need additional parking spaces with the new addition. Ron Ruthven replied yes, they will need an additional seven parking spaces. Commissioner Phelps questioned staff regarding if the shared parking agreement is being done in anticipation of the expansion? Ron Ruthven replied it is in addition to the approval of the building permit, which can be done administratively. Commissioner Byerly opened the public hearing at 7:46 p.m. Tom Aikens, the applicant and property owner, came forward to present the case and brief the Commissioners. He stated that they have met with the property owner at 5005 Colleyville Boulevard for the shared parking agreement and will be bringing in the agreement to the City soon. There being no one wishing to speak, the public hearing was closed at 7:47 p.m. Commissioner Davis moved to approve case ZC11-012. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 8. ADJOURNMENT The meeting adjourned at 7:47 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, July 8, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 6 Printed on 7/12/2011 Clt of Colle V~~~e 100 Mltain Street _n~>,~,~. y y Colleyville, Texas 76034 -,r,,,. Agenda Briefing 817.503.1000 www.col leyvil le.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 07/25/2011 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a minor plat on 8.1 acres on Tract 1 B, Abstract 1154 of the RH McEwing Survey located at 8100 Precinct Line Road, Case PC11-007 Attachments: Location and Zoning Map Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 07/25/2011 Planning and Zoning Commission Title Approval of a request for a minor plat on 8.1 acres on Tract 1 B, Abstract 1154 of the RH McEwing Survey located at 8100 Precinct Line Road, Case PC11-007 Explanation Jeffrey Jones is the applicant of a 8.1 acre tract of land located at 8100 Precinct Line Road. The applicant submitted a request for approval of a minor plat which will consist of two commercial lots. The lots meet the requirements of the Land Development Code. Zoning. The property was approved for a rezoning request from the CC2-Shopping Center to the PUDC-Planned Unit Development Commercial zoning district on August 3, 2010. The lot meets the minimum requirements of PUDC Ordinance 0-10-1761 and the Land Development Code in general. Preliminary Plat. A preliminary plat was approved for the subject property by the City Council on June 7, 2005 under Resolution R-05-2549. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat for new structures on newly platted lots. The fee for non-residential uses is $800 per acre. The fee must be paid before the plat is recorded with the County Clerk's Office. Sidewalks and Trails. The Colleyville Pathways Plan requires a ten (10) foot concrete trail to be constructed along Precinct Line Road and a five (5) foot wide sidewalk to be constructed along Lavaca Trail. The sidewalk and trail will be located in the dedicated City of Colleyville Page 1 Printed on 7/21/2011 Agenda Briefing Continued right-of-way and the applicant will be responsible for construction prior to a Certificate of Occupancy being issued for the property. Perimeter Street Improvement Requirements. Perimeter street improvement fees are due prior to filing of the final plat for the entire length of Lavaca Trail that is adjacent to the proposed development. Perimeter street improvements are not required on Precinct Line Road. Tree Preservation. Trees not located within the building footprint must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of the building footprint. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies all requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville Page 2 Printed on 7/21/2011 Location and Zoning Map 642a 6416 e417 e~41s G417 6412 F,413 6412 6413 6408 6409 6409 s' ~' ~~` '- Ei404 6405 6404 64fl5 ~ .~.~.~.-- -- l ! 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Buffer Map Letter of Opposition Applicant's Request Line of Sight Exhibit Building Elevations Screening Wall for East Elevation Ordinance 0-10-1761 Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 07/25/2011 Planning and Zoning Commission Title Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Tract 1 B, Abstract 1154 of the RH McEwing Survey located at 8100 Precinct Line Road, Case ZC11-014 Explanation Jeffrey Jones submitted a request to amend the zoning and development requirements of the PUDC-Planned Unit Development Commercial on 8.1 acres located at 8100 Precinct Line Road. Existing Zoning. Ordinance 0-10-1761 was approved by City Council on August 3, 2010. The PUDC ordinance allows for an assisted living and memory care facility. Proposed Zoning Amendment. There are several sections contained in Ordinance 0-10-1761 which the applicant is requesting to amend. The following is a breakdown of specific current provisions of Ordinance 0-10-1761 and the corresponding proposed amendments by the applicant. (1) Section 4(1)(b) currently reads: This facility shall be licensed as a Type A and Type 8 Assisted Living Center by the Texas Department of Human Services as required by the Assisted Living Facility Licensing Act. Proof of such licensing shall be required prior to the issuance of a Certificate of Occupancy for this property. City of Colleyville Page 1 Printed on 7/21/2011 Agenda Briefing Continued The applicant is requesting to amend it to read: This facility shall be licensed as a Type 8 Alzheimer Facility by the Texas Department of Human Services as required by the Assisted Living Facility Licensing Act. Proof of such licensing shall be required. The difference between a Type A and Type B facility is based upon the condition of the resident of the assisted living facility as defined by the State of Texas (see below). Generally speaking the resident of a Type A facility must be physically able and mentally coherent enough to move themselves from one place to another without assistance. Whereas, the resident of a Type B facility may require assistance in order walk or get out of bed but would not be bedridden or completely immobile. State Requirements. Assisted living facilities are regulated by the State of Texas through the Texas Department of Aging and Disability Services. The following are the State definitions for Type A and Type B assisted living facilities: Type A: In a Type A facility a resident: (A) must be physically and mentally capable of evacuating the facility unassisted. This may include the mobile non-ambulatory persons such as those who are in wheelchairs or electric carts and have the capacity to transfer and evacuate themselves in an emergency; (8) does not require routine attendance during nighttime sleeping hours; and (C) must be capable of following directions under emergency conditions. Type 8: In a Type 8 facility a resident may: (A) require staff assistance to evacuate the facility; (8) be incapable of following directions under emergency conditions; (C) require attendance during nighttime sleeping hours; or (D) not be permanently bedfast, but may require assistance in transferring to and from a wheelchair. This amendment has been added to the proposed ordinance. (2) Section 4(5)(d) currently reads: There shall be no windows or openings on the second story of the east side of the building. The applicant is requesting to amend it to read: Clear story windows are allowed on the east side for natural lighting of the first floor common area only. The applicant requests the windows in order to act as sky lights to allow natural light into the common area. Staff recommends that the language allowing the second story windows in proposed ordinance read as follows: "Clear story windows shall be allowed on the east side for natural lighting of the first floor common area only. There shall be no windows or openings for any second story or higher rooms. Interior lighting shall not directly illuminate through said windows or openings nor shall the interior lighting devices be visible from any adjacent residential property so as to be seen through said window or opening at night." City of Colleyville Page 2 Printed on 7/21/2011 Amt ends Briefing Continued This language has been added to the proposed ordinance. (3) Section 4(5)(e) currently reads: Exterior construction materials for all buildings shall be composed of stone or brick with hardy plank allowed for building accents. The applicant is requesting to amend it to read: Exterior construction materials for all buildings shall be composed of stone or brick with hardy plank allowed for building accents, except that hardy board cementious siding with stucco finish may be used on the north and east elevation of the Memory Care building as the primary material per the attached elevations Exhibit "C". The applicant indicates that the use of hardy board cementious siding with a stucco finish would be more cost effective for the development on the north and east elevations, especially since these sections of the buildings are not visible from the street. This amendment has not been added to the proposed ordinance. (4) Section 4(10)(b) currently reads: A minimum eight (8) foot brick or natural stone fence shall be constructed along the east property line adjacent to residential properties. The fence shall be constructed so as to obscure the view from the residential lot, use or district to everything below the roof eave of all buildings in the assisted living facility. The fence shall meet all front setback transparency requirements as required by the Land Development Code. The applicant is requesting to amend it to read: A minimum eight (8) foot brick or natural stone fence shall be constructed along the east property line adjacent to residential properties. The fence shall be constructed so as to obscure the view from the Memory Care facility first floor windows to the adjacent residential lot first floor windows. The fence shall meet all front setback transparency requirements as required by the Land Development Code. The attached exhibit provided by the applicant illustrates this amendment proposal. This amendment has been added to the proposed ordinance. (5) Section 4(11)(a) currently reads: One off-premise monument sign shall be allowed along Precinct Line Road advertising this development. Otherwise all signs shall meet the minimum requirements of the Land Development Code. The applicant is requesting to amend it to read: One off-premise monument sign or multi-tenant sign shall be allowed along Precinct Line Road advertising this development. Otherwise all signs shall meet the minimum requirements of the Land Development Code. The applicant requests this language clarification in order to ensure that the off-premise sign would allow advertising for multiple tenants. Other than these proposed amendments, all tenets of Ordinance 0-10-1761 shall remain in full force and effect. This amendment has been added to the draft ordinance. Master Plan. The Colleyville Master Plan designates this property for future retail uses. City of Colleyville Page 3 Printed on 7/21/2011 Agenda Briefing Continued The portion of the subject property to be utilized as the alzheimer's facility does not comply with the plan as it is considered an office use. However, the portion of the subject property that will allow future CC2-Shopping Center zoning district uses complies with the Col/eyville Master Plan. Surrounding Properties. The properties to the north are zoned CC2-Shopping Center and are developed as Liberty Elementary School and office uses. The properties to the east are zoned PUDR-Planned Unit Development Residential and developed as single family residences. The properties to the south are zoned PUDC-Planned Unit Development Commercial and are developed as an office building and undeveloped. The properties to the west are located within the City of North Richland Hills and are single family residential uses. Public Notification. Staff notified 15 property owners within 200 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received one letter of opposition regarding this request. Summary. Although the request is generally consistent with the previously approved ordinance, staff does not recommend approval of all amendments as requested by the applicant. Staff recommends approval of all amendments subject to the specific recommendations listed above with the exception of amendment number three. Recommendation Approval of amendments one, two, four and five described above as stated in the proposed ordinance. City of Colleyville Page 4 Printed on 7/21/2011 Location and Zoning Map I~ __ ~~~~ -_~~ -' Wq W 642D , X16 Ei4 i 7 Di418 6417 6412 6413 6412 6413 6408 6409 6409 6404 6405 6404 6405 64D0 '~ " Precinct s3t34 ~' '~ `~ ° ~ ~ ' ' so1 Line Road PUDR 6300 63D4 6300 6301 PU DC 6233 -- 6301 ~ 8180 ' 622s 6212 i 815D j 6225 6213 622D 6221 b`208 Site _ $21 6237 R20 6209 621 621 81013 s2os ~ s2Ds 6204 6205 it ...~. P U R40 6216 ~ 6213 aaso x212 seas 1201 6208 6205 80F~ Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Bojku, Afrim 5309 Collyville Blvd Colleyville TX 76034 008170 Precinct Line Rd Martin,Ritz,Terry Prop Of Coll 717 Arcady Ln Colleyville TX 76034 006400 Cimmaron Tr Martin,Ritz,Terry Prop Of Coll 717 Arcady Ln Colleyville TX 76034 000925 Talbot Tr Mobley, David D Etux Cheryl A 6301 Cimarron Trl Colleyville TX 76034 006301 Cimmaron Tr Gray, Randy K Etux Donna M 6233 Cimarron Trl Colleyville TX 76034 006233 Cimmaron Tr Martin,Ritz,Terry Prop Of Coll 717 Arcady Ln Colleyville TX 76034 006224 Cimmaron Tr Ihle, Shauna 6212 Cimarron Trl Colleyville TX 76034 006212 Cimmaron Tr Ruggere, Judy 1013 Lavaca Trl Colleyville TX 76034 001013 Lavaca Tr Ruggere, Judy 1013 Lavaca Trl Colleyville TX 76034 001101 Lavaca Tr Lavaca Trail Llc PO Box 69 Colleyville TX 76034 008090 Precinct Line Rd Rcp Cedar Creek Park Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 008100 Precinct Line Rd Rcp Cedar Creek Park Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 008180 Precinct Line Rd 8190 Precinct Line Partners 8333 Douglas Ave Ste 110 Dallas TX 75225 008190 Precinct Line Rd Keller ISD 100 Main St Fort Worth TX 76102 001101 McDonwell School Rd W Royal Kingdom Group Llc 6932 W Main St Frisco TX 75034 006229 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006525 Talbot Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006524 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006300 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006232 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006228 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006225 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006221 Cimmaron Tr Crest Haven Construction Lp PO Box 1604 Hurst TX 76053 006220 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006217 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006213 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006209 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006208 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006205 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006204 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006205 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006200 Cimmaron Tr Linles Properties Ltd 1361 Cross Timber Dr Southlake TX 76092 008090 Precinct Line Rd Post Rail Llp 1406 Post Oak PI Westlake TX 76262 006216 Cimmaron Tr City of North Richland Hills 7301 N.E. Loop 820 N. Richland Hills TX 76180 courtesy Jeffrey Jones, applicant 14881 Quorum Drive, Suite 200 Dallas TX 75254 applicant Public hearing notices were mailed on Friday, July 8th, 2011 by Amy Shelley 200 Ft. Buffer Map 6 ,~ 6&"lt 6645 9CG _ }L^~ 5683 36~_. 7G~fl ~ 9fi7 533 ' ~.'9 ~° B1M 6~7 6&=1 t77t 8.'6'J ~5„ ~.'fl ~ ~ ~=J E~./a ( :41 S_'. • 353} ~{~ ro 351- ..; f I 6513 _ ES,. o 3:07 0 GSCa3 &719 55519 SSRB j 45C_ 3= ~SGa _ .. 92[5[1 a 5331e'7a5 55~C' S35-"J ~ ~='_ 6`..7. -r_ 6:: ~~ ~ 5176 Precinct Line yyy _.4s 6- a ~,_ 6C1> 64th }.}... Road 5=A3 ~"` ~`` _. 815a ~ iOJ- i~i1"5 S+C~ EL? ~ / W...Y..w.~n..i. .4~ % ~. ~~ .~ cy~» r cam.. ~Y~' i. 3 •3- ~ ~~~ g~CwJ ~ . '..,, 5357!. '~z ~ + -'~ F212 ~ ~ 331 _ c.. E 5~7"s Subject Property ,~. ~ ~=~- ~'~ ., is~~ ~g (•DJ ; ~ ~ '~ _ ~ 1 ~ ~~.~_ ~ ~ 5~5 ~ _. _ ~.y _u~ ~,3 ~,.._ Rte .~~.- 5212 s~9 ~, 5b9 63». glee !7W t[97} 3:Yd fi2~7 9E57 $f3 K9 6."~9 E t1~ 7 - 6'91& 31~] 69D9 f ~C6 5695 E 7< R7E-0 5753 59D7 597E - ~ ayy 4 59.2. 597} :~+. 5931 Letter of Opposition July 14, 2011 City of Colleyville Amy Shelley Community Development Coordinator RE: Zoning Case ZC 11-014, 8100 Precinct Line RD, Tract 1B, Abstract 1154 of the RH McEwing Survey Amending the PUDC-Planned Unit Development I will be out of town on the P&Z date July 25, 2011. I do not understand why The developer is requesting to change the ordinance. We have spent many hours Working with the developer to have a mutual agreement. I am very disappointed that he did not even attempt to meet with the neighbors to discuss the changes. All we received was an email about week before the notices went out. I would like to make the following comments; Section 4.1. General Item b - I am ok with this change Section 4. 5 Buildings. Item d. - I am very much against this change to have windows facing East Section 4.5 Buildings. Item e - I am very much against this change, this will be very unsightly Section 4 10. Fencing~nd screening. Item b - I am very much against any change with the existing fencing ordinance. Section 4. 11. Signage. Item a. - I am OK with the signage change John Fegan Developer, Villas of Colleyville Applicant's Request Project: Rosewood Park Precinct Line Road at Lavaca Trail Coffeyville, Texas Below are requested revisions to the PUD-C established in Ordinance 0-10-1761 {Revisions shown with strike-through and italics.) Section 4, 1. General, Item b. This facility shall be licensed as a hype-A~~ Type B Alzheimer Facility by the Texas Department of Human Services as required by the Assisted Living Facility Licensing Act. Proof of such licensing shall be required. Section 4, 5. Buildings, Item d. Clear story windows are allowed on the east side for natural lighting of the first floor common area only. Section 4, 5. Buildings, Item e. Exterior construction materials for all buildings shall be composed of stone or brick with hardy plank allowed for building accents, except that Hardy Board cementious siding with stucco finish may be used on the north and east elevation of the Memory Care building as the primary material per the attached elevations Exhibit F. Section 4, 10. Fencing and Screening, Item b. A minimum eight (8) foot brick or natural stone fence shall be constructed along the east property line adjacent to residential properties. The fence shall be constructed so as to obscure the view from the , Memory Care facility first floor windows to the adjacent residentia! lot first floor windows. The fence shall meet all front setback transparency requirements as required by the Land Development Code. Section 4, 11. Signage, Item a. One off-premise monument sign ormulti-tenant sign shall be allowed along Precinct Line Road advertising this development. Otherwise all signs shall meet the minimum requirements of the Land Development Code. Line of Sight Exhibit Q c c; a ~--- m 0 U a~ U 0 U a~ .~ U N N J ~._ , 1 _-, f ~ ~ ~Y ., ,-1 ~ ~~,,. ~" '~ a ~ :."... ? t ~1t', ' ?~. _ ~ _ %. 3 Z J ^ ^ W peob out~ luwan~.d Y ~~ u y ~ + . ~ 61tl; ~ ~ ; z ,t, z y E f? ~ ~ ~_ ~ ;,' < < 1 '• L~~ F ~E; ' J ~ f` . ~ ~ ~ fi~ a a, _ ~ ~ ,~ ' ~ cS E~ ~~ ~ Q Building Elevations ~ ~~ .''; ^' ~Fy~ ,. Wa.: ~o ~~ ` , c v3 Q ~N ~. [? ~_. _ ~~ 4 ~*~ Z 0 J Ltl N W H ~"`~ ~, 1/ ~ ~^,i O J^ V--i f ~.d ~~ N ~~ O~ O k ~` ~Y Yg ~f Ry ~s~" ~~ t ~ ~, ~_ ... Z r.. W J W j^ d w y Ay 00 ~~ W °~ ~~ 3_ ~; a ~°n mo ORDINANCE 0-10-1761 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE~ZONING OF TRACT 1B1, ABSTRACT 1154 OF THE R.H. SURVEY FROM THE CC2-SHOPPING CENTER ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; 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 a rezoning under Case No. ZC10-017; 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 designed to lessen congestion in the streets; to secure safety from ire, 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, among other things, to 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 gQVerning body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-10-1761 Page 2 of E 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 changing the zoning on Tract 1B1, Abstract 1154 of the R.H. Survey, from the CC2-Shopping Center zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in the attached Exhibit "A" and as described in Exhibit "B". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for an assisted living and memory care facility. b. This facility shall be licensed as a Type A and Type B Assisted Living Center by the Texas Department of Human Services as required by the Assisted Living Facility Licensing Act. Proof of such licensing shall be required prior to the issuance of a Certificate of Occupancy for this property. c. This property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. All uses permitted in the CC2-Shopping Center commercial zoning district shall be permitted as part of this development but shall be limited to the 3.02 acre tract adjacent to Precinct Line Road as described in Exhibit "B". 3. HOURS OF OPERATION a. Deliveries to the facility for food service and general delivery will be restricted to 7:00 a.m. to 7:00 p.m. daily. t~ Ordinance 0-10-1761 Page 3 of 6 4. CONCEPTUAL PLAN AND PLATTING a. The development shall be generally consistent with Exhibit "C", which shall not be considered the preliminary plat. b. The developer shall submit and receive approval from the City of Colleyville a minor plat in accordance with the requirements of the Land Development Code prior to development of this PUDC. 5. BUILDINGS a. The maximum square footage of assisted living and memory care space for this development shall be 60,000 square feet. b. Building elevations shall be consistent with the elevations shown on Exhibit "D". c. There shall be no more than 14 cottages allowed for this development and the total occupancy for all cottages combined shall not exceed 18 persons at any one time. The cottages shall not exceed one story in height and there shall be no cottage entrances facing to the south. The cottages shall only be available to friends or relatives of the residents of the assisted living facility allowed by this ordinance and shall not be rented for any reason nor shall they be sold unless they are sold in conjunction with the entire facility. d. There shall be no windows or openings on the second story of the east side of the building. e. Exterior construction materials for all buildings shall be composed of stone or brick with hardy plank allowed for building accents. f. For the assisted living facility, there shall only be one ornamental architectural feature that is allowed to exceed 35 feet in height provided said feature does not exceed a maximum height of 50 feet. g. The front building setback along Lavaca Trail shall be 25 feet for the tract containing the assisted living facility only. Otherwise, all building setbacks shall comply with minimum requirements of the Land Development Code. Ordinance 0-10-1761' Page 4 of 6 6. OPEN SPACE a. This development shall provide a minimum of 38.28% common open space, as shown on Exhibit "C". All open space areas shall be landscaped and maintained by the property owner as shown on the attached Exhibit "E". II b. The distribution of landscaping on the property shall be in accordance with the attached Exhibit "E" labeled Landscape• Plan. At a minimum, all landscaping shall comply with Chapter 4- Landscaping in the Land Development Code. 7. SIDEWALKS AND PATHWAYS a. The trail along Precinct Line Road must be at least ten (10) feet wide. The sidewalk along Lavaca Trail must be at least five (5) feet wide. The trail and sidewalk must be installed when any new structures are built on the property. 8. PARKING a. This development shall be required to have a minimum of 71 parking spaces. 9. LIGHTING a. All light poles shall be no higher than 18 feet and lighting shall be of a boxed can style and directed away from adjacent residential properties. Illumination from light poles shall not exceed 0.5 foot- candles as measured from any portion of the property line. 10. FENCING AND SCREENING a. A six (6) foot wrought iron and masonry fence with stone columns shall be constructed along the property line adjacent to Lavaca Trail. b. A minimum eight (8) foot brick or natural stone fence shall be constructed along the east property line adjacent to residential properties. The fence shall be constructed so as to obscure the ~' view from the residential lot, use or district to everything below the roof eave of all buildings in the assisted living facility. The fence shall meet all front setback transparency requirements as required by the Land Development Code. r~ Ordinance 0-10-1761 Page 5 of 6 c. Al! gates shall meet the gate requirements of Chapter 14- Engineering Design Standards of the Land Development Code. 11. SIGNAGE a. One off-premise monument sign shall be allowed along Precinct Line Road advertising this development. Otherwise all signs shall meet the minimum requirements of the Land Development Code. Sec. 5. 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. 6. 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. 7. 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. 8. 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. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted. on the ~Z1J ~ day ~,~~ 2010. The sec nd reading and public hearing ,~.~ 2010. being conducted on the O~ ~`~ day Ordinance 0-10-1761 Page 6 of 6 -----., ATTES ~~~ Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE ~1~~~' David Kelly J Mayor V J. 1 Matthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map Exhibit B -Legal Descriptions 3.~2 Ae Pra~rerhy tfeseript4att Bcu~g a 3.02 acre tract nn parcel of ]god situated in the R.N. MrEwing Survey. Abstract No. 1154 in the City of Ct~[leyville, Tarrant County, Texas, said tract beiu-g a portion of a tract of land conveyed to at RCF Cedar Cre~elc Panic, Ltd as described in DoeumentNutnber D205304503 of the Deed lteevrds of 7"arrarif t~ovttty, Texas, said 3.t12 acre tract mart particularly described by metes and bawtds as follows: BEGINNING at a Texas I?eparttneii# of Transportation brass disSc in conrrets found. at the southeast rutbr~k of the intersection of the north line of Laura Trail (60' ROVE and. the west lints of F.M. Highway No. 3029 (Precinct Line Road) (variable width RUVI~; Thence: North 45°04'36" West along said cutback Line for a distance of 35.33 tbet to a Texas Uepartrrteirt of Transportation brass dish found for carrlcr in the cast line of said F.M. Hghu~sy 3029; Thence; North {10°15'2!" West slang tine earl line of said F.M. Highway 3024 for a distance of 310.00 feet to an "x" in concrete found. for corner at the sautliwest corner of Lot 3, 131ock 1, Meadows Creels Plaza, an addition. W the City of Colissyviltt according to the plat thers:ofrrcordod in Cabinet A, Slide 10661 of the Plat Records of Tarrant County, Texas; Thence: South 89°55'OU" West with the south line of said I.ot 3, Blnek 1, at 202.73 feet .passing an "x" found iu rtancrete at the soutlicast cot7ter of said [.ot 3, Block 1, same being klte southwest corner of Lot 4, Block I, Meadows Creek Plaza addition an addition tta fife City of Golleyvitle according to the pia# recorded in Cabinet A, Slide 11536 oftbe Ptat Records af'T"arrarit County, Texas, and continuing. along #ht south line of said. Lot 4, Black 1 a total distance of 339.42 feet to an "x°' fosrnd in eGncrcte for corner at the soutl~st corner of said Lot 4, ]31oek l; 'thence: South 00°05'01" ~trest for a distaAre of 43.8 i feet to a point for tx~rger; Thence: South 23'D49'40" East-far a distance of 272.42 feet to a point for earner; 7'1seJSCC: .South. 00°05'00" Vest for a distance tsf 41:82 fret tty a paint ftrr corner in the north line of said Lavaca Trail; Thence: North 84°55'00" East with the earth Ilnc of said. Lavaca Trail for a distance of 423.69 feet to fire POINT OF BFGIlYNING anti containing 3.02 acres of land more or less. 5.06 Ac ~`roperty Desct'iption Being a 5.416 acre tract on parcel of land sitaated in the R3V. 1t+ItEwimg Survey, Abstratt Na. 1154 in the City of Cotleyviile, Tarrant County, Texas, said tract Ding a portion of a tract of Land conveyed to RCP Cedar Creek Par4<, Ltd as described in Docwnc~t Number D20S3Q4S03 of the Deed Records of Tarrant County, Texas, said S.tT't+ acre tract mare particularly described by metes and bounds as foliates: COri114iLNCING at a Texas 1}ep.utnient of Transportation brass disc foanrl at the sautlyeast cutback line of the west line of F.M. Highway 3029 (Precinct LirSe Roadj (variable width right of wayj and the north lint of Lavaca Trail (ti0' ROW); Thence South 89°S5't)0" chest with the north lint of said Lavaca Trail 1'or a distar~e of 4.23.69 feet to the 1'O1<NT OF BEGITlN1NG; Thence: North 00°05'00" West fur a d'r.Stance of 41.62 feet to a paint far carnet; Thence: North 23°49'40" Wcst for a distance of 272.42 feet to a paint far corner; Thence: North 00°05't10" West at 43.81 feeet pawing an `~c" fiyand in canaretc at the southeast correct of Lot 4, Black I, Meadows Creek Plaza Addition. an additiwi to the City of Colleyville per the plat retarded in Cabinet A, Slide I IS36 of the Plat Retards of Tarrant County, Texas, and continuing along an exalt line of said Lat 4, Block A, a mtal distance of 77.84 feat to a paint far carnet Thence; North 03°17'SS" West w'sth east line of said Lot 4, B1oek A, for a distance of 134.23 feet to a point foe corner; Thetnx: harih {i2°45'04" West ftSr a distance of 143.9 feet to a point far eorncr in the north Line of said RCP Cedar Creek Park, Ltd tract, said point being the northeast corner of seed Lat 4, Black l , lafcadow Creek Plaza Addition; Thence:. South 89°55'00" Watt with tl~c north lint of said RCP Cedar Creek Park, Ltd tract far a distance of 427.37 feet to a point far earner at the northeast carver of said RCP Cedar Crtck Park, Lid tract; Tltettce: South 03°47' 13" West with rite east line of said RGP Cedar Greek Park, Ltd tract for a distance of 603.20 feat to a poirrt fvr cattier at the svtttlteast comer of said RCP Cedar t"rcek Park ,Ltd tract, said point being in die north. line of said Lavaca 'f'rail; Thence, North 89°55`00" Easi with the south line of said RCP Cedar Creels Pork, Ltd tract, same being the north line of said Lavaca Trail to the PINT Ollp lil;>rGINNING and containing 5.46 att+es of land mare or less. Exhibit C -Conceptual Site Plan !lii I ! 1 i "'t7~1N 4LW:CYT 1f~y1#: f f~ ~aj( 1 ~ ' aFgcE ~ ~~I state ' ~~; . ~ .....ink ' . ~ ~~ ~_ ~ 1 TRACTIf ~-- _ s.er ~c ~. rsmt ~ ~' n+et ~ ~ ~ , ~{ LviY i ~~ /,w~s~r~cly ~~~ CEHIER F MMdE 1.40E \ \ ~. J '~H ~ ~-_~ ~\ ~ - -max K7!In'vw ,a~~ .- OEVE~C~Ea~ Ford Hal ~ `_ ~~ I 1 -`° - \ ~ ~ ~ ~==_, ~-------.11~1~;~-==- -------~-~----1-- - ~i :cntr~ xwr+c RT ~a wf~ ! ~~ Exhibit D -Building Elevations Exhibit D -Building Elevations Cont. Exhibit E -Landscape Plan J ; ~~` I 1 ~ 3 ! 4 ~~1 ~- ., ' 1 I ~~~ ~ I ~ _~~ ... ~ ~ EE t ~ F ~ Car- :~. Celt ~I ~ ~ ~ Ha-xtxsh ~ 1 - 1 I I I -- ~~) ko ~ - gr UvIN k ~ , C " -~-~.. W ,t~tlslt4t ct!~t~K I ~ I I ~ I ~ I ~u-ra ~ - conrran Aln ~++^k9Gl•smrr I ~ ~rtnm7+4+.v ~ t i I r.~lu~>a. I I ~ ~ BP~+ ~ j r ~ ~ C I i I ~ II ~ - _ I ~ ~ ~~ ~ ~ I , ~ ~ ~ ~ 1 ~ E ...~ ~ , ;. \ - ..., i i .__ { ~ I ~ t i { I I , i ~ I ~ ! mnWG ORDINANCE 0-11-xxxxx AN ORDINANCE AMENDING ORDINANCE 0-10-1761 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; 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 Council approved Ordinance 0-10-1761 on August 3, 2010, to establish the zoning of 8.0 acres out of the R.H. Survey, Abstract 1154; and WHEREAS, the applicant has requested an amendment to Ordinance 0-10-1761 to further amend the commercial zoning district requirements on approximately 8.0 acres out of the R.H. Survey, Abstract 1154 under Case ZC 11-004; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan 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, among other things, to 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 Ordinance 0-11-xxxx Page 2 of 4 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. 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 Ordinance O- 10-1761. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the zoning and development requirements on Tract 1B1, Abstract 1154 of the R.H. Survey, as depicted in the attached Exhibit "A" and as described in Exhibit «B» Sec. 4. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 'I I ICFNSWh a. This facility shall be licensed as a Type B Alzheimer Facility by the Texas Department of Human Services as required by the Assisted Living Facility Licensing Act. Proof of such licensing shall be required prior to issuance of the final certificate of occupancy. 2. WINDOWS AND OPENINGS a. Clear story windows shall be allowed on the east side of the principal building for natural lighting of the first floor common area only. There shall be no windows or openings for any second story or higher rooms. Interior lighting shall not directly illuminate through said windows or openings nor shall the interior lighting devices be visible from any adjacent residential property so as to be seen through said window or opening at night. 3. FENCING AND SCREENING a. A minimum eight (8) foot brick or natural stone fence shall be Ordinance 0-11-xxxx Page 2 of 4 constructed along the east property line adjacent to residential properties. The fence shall be constructed so as to obscure the view from the Memory Care facility first floor windows to the adjacent residential lot first floor windows. The fence shall meet all front setback transparency requirements as required by the Land Development Code. 4. SIGNAGE a. One off-premise monument sign shall be allowed along Precinct Line Road advertising this development. The sign may advertise for multiple tenants located within the Meadows Creek Plaza Addition. Otherwise all signs shall meet the minimum requirements of the Land Development Code. Sec. 6. 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. 7. 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. 8. 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. 9. 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. 10. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 11. THAT Ordinance 0-10-1761 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. Ordinance 0-11-xxxx Page 2 of 4 The first reading and public hearing being conducted on the day of 2010. The second reading and public hearing being conducted on the day of 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor Matthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map E ~Y, _ ~ X20 ;; 641E~ ~ Ek3 i ? - ~, ~ &l17 f,413 ~r~(l5 ' d41fi fi4 t 2 - {i417 r~4'1 ~ ~ f 61G9 M~~• .ric- ~ rY '' -~',;,' f 6404 ~~` 6404 ! P~4~`i r ~~a ~ ~ . ~~~ ~' - -~ ~ „~ , ~ -= ~ sdoo ~~ Prec#nct - ~ R3~~a -~ ~. ~ ~ ~ Line Road = - ~~:G ~ . - , r .~1~ ,. , t~.~,- _ a - _ PUDR 6306 ~5:~(W 63(Ti7 63fl1 FUDC '~~ f~?33 6301 ~ 0 180 __~`t2si., ~?25 62'[2 8190 _'~?,~ ~ i'~?25 6213 6220 6~1 " fi LOS Site x;276 67~' ~ R20 ~ 62t>r! r 1 6213 ' _- _ ~ '~ 81 W p 6209 - 6'?d~} ~ '- 6265 6L~ n ~UJ 1 t=7 FJL Lavaca Tra i I i i ~~ ~ PUC~ C R4~ 6276 ~ n213 7~0 6212 ! 620.9 12t}1 i mm FSi QFr„~i _ }~1QJ~ Exhibit B -Legal Descriptions ~.fl2 A-c k'rartY l~+escri~tson Being A 3.Ct2 acre tract cart pa-rcc! of land sitcatett in tfic R,N.:~•fcE~4iztg Surve~~, Al~sirACt No, 1154 in tlzt: City flf Cnll~y~~ille, TarrAZtt Cc~wty, Texas, said tract bentg ~ pctrtlon cf a tract oaf land cnnveyed f~ at 12t"P Cedar C:re~ck Karl;, Lttt as dcsaaribcd in L~toctunantNumber 1320~3Q~4~p!3 rYf the Qe~ed Records sf Tarr~ariE ~'tstztttts, Texas, sai€1 3.U2 acre tract n~ctre pgrtictzlarly described by metes and baunds as fallativs BLGIAlN1N~ at a Texas D~eparttnent of firanspaz`tAtiarz hr~tss disk in cr3ncrata found at the southst cutback al tlrerntertion of tttc nctrtlz lifts of Lai at:a 'Tail (60' RUW) and the 'wt lieu €tl"F',I+r1. Hilz~vay l~To. 31129 (F'eecinct I.izt>r l2tzttd} (+~ariaEale vt~icith RU1~'}; Thcnct: Tl4rtlz ~5°Ot1 `3b" `n'est alt~ng said eutk line .for a distance of 35.33 foot tm x Texas I7clZ8rtmrnt of Traztsport~tion grass: disk fattad far comer in the east line of said F.:1~4. Hi~hvt~y 3029; Tttenee: Narth i]0°1'26" V4`t along tltc cast litre c+f said 1j., Higlztiva~~ 3029' frzr a distance t~f 31Q.t}0 feat ttz an "x" ire cctncr~t~ fntrttci far warner ttt the sertaih;vest camcr of Lc~t 3, Block 1, Meacio~~.~s Crwelt l~laaak, an tciditi~re tc+ the City of Catlcyvll~e acetzrtlin~ ttt thcplat thcrcof'rec©rded in t.~abinet~,! Slide lOtl ofihe PIAt RecordsafTarrarrt County, "Texas; Tltetatre: Snrtth 89~aS'(}~" crest vr~ith t}~ sat-ih liege cif said. I:at 3, B}melt 1, at 202."I3 feet }?assns an ~{~t" fcaunt3 in t:oncret4 at the southeast cc~er~r czf said Lot. 3; Btt~k 1, carne 1.7ein~ t}te sautltz~.~cst corner ofLtst ~, Black 1, ~feado~~~s Crr~k P}ate ltddtian arr as{ditian tz~ the (.'it}' of t~olley~ille accardin~ to the plat recorded in Cabinet A, Slide t 15;10 of the ,flat 12.ecords of Tt€rrant CoEUtty, Texas, and continrtinl; along tttc satath line of said Lat ~#, Black. l a ttttai cli$tattcG t~f ?39.42 feet to an "x" faurul in concrete for corner at the southeast cortzer t?t said Lt~t ~#; Block 1; `1°leen: Sattth 00"'05'00"'44'crst for ~ c~ist,~ncc of 43.81 feet to a pc~i.tt fear ctzrrzrr; Tleertce; .esoutlro 23~49'~#0" 1}act fret' a tlislrattce of 2?L.~i2 fit to a point fnr cctrrter; TIt::~rcc: South. 00°Oa~'O0" Vest fQr a distance ttfgl.S? i'cet to a paint ft3r corner in floe north. line of said Lavaca Trail; Ttzence; 1~istrth S9~'S5'00" East ~vih the rsotT}t litre of said L,avACA "t"rail fcrr ~i distance of 423.59 fact trj tare PEIII+IT OF }3T:C,C1V~'1NC and catrtttining 3.02 Acres of lArrd mare ar less, 5.f}~i Ac 1!*r~pcrty A~cr}~tian Beim a S.(1f .acre tract i~aa parcel of la;rid sitiai~ted in the lt.t'3. EdlcEvving Survey, t'+lastract "1~lta. 1154 in tl~c City of Cn}le}rville, Tarrant County, Texas, said tract being, a lrr~rt}on csf a tra~c# caf land tunvc}~cd tea RCP Cedar Greek Fork, l..td as c}c~scrit~c9 in Dacurncn# 3Vu'nlaer D2t7S3b4~€13 of the I~Ged Records of T.srrant Gtaunty, Texas; said. 5,t}6 acre tract. me=re particularly described by m~ics and bocttads ~ folloz+rs, +CC114iM~'VCING at a Texas Department ai' 7rarasport~ttion brass disk found ai t}7e sauftast cutback line .if the rticst Inc of F:lvt. F~ilhu~ty~ 3il?;t (Precinct Line RaRad} (variable 4vidth ri~,ixt of way} an<i the nart}t line of Lavaca TraiF (~6(1" RU'GS`}, 'F'laetacc: Svutla ~9°,~5'93f1"' Vv't^st with the rt~art}t line of said Lavtaca Trail for a distance of 423.69 feet tta the t)C~1T' bR BEG;ihl~}II+}fii Thence: Nttrth °F}5'!lt}" Wesl far ~ distance caf 41,82 f+~t tea a p=lat far sort=er; Thence; North 23@49'4U" Wes# fern a distance caf 272.42 fee3 to a paiaat for corner; Thence: 1*tcrr#h f3~D~Q5'd~" ~fest at 43.'~l Ccet passim an "x" ferurad in concrete at the southeast con~e.r of Lat 4, Black }, I~teadgws Creek. Plana ~'lddltian, an addititrta eta the City of G{~Ileyvilie lover tine pleat r~xtarved in Catbinet r1, Slade 11536 of the Fiat l~eccards of Tarrznt Cotuaty, Texas, end continuing alat7g an east lif=e saf said Idtrt ~}, Block A, a tor. l di stance t~f 77.54 farce to a point fear corner; Thence; 1~}orth t73°l7"55" «cst ti~ida east liaae of s#'tid Lot 4, Bloele A, Car a distance of 134.23 feet to a point f~?r earner, T}=cease; 1~iorth {}2°45*G~3"'Vest far a dis#art,e of lt}3,917 feet to a lxaint for uaer in thaw north }ir3e of said F~C~P Cedar Creek Park, Ltd tract, said point lreing floc rtorilteast career of said Lot 4,13}ask 1,1Yfeadaw Crcck Plaza ~,ddititan TltaNut South 8~'"55'OE3" Wert wiilt floe f=orth line of said 1tCP Cedar Creels Park, Irtd tract far a distance of 427"37 feet to a paint fat corner at the northeast corr~r of said RCP Cedar Creels l=ark, Ltd tract, There; Ssatatl~ tt`t~47'13" tVcs# s~ith the east line of said 1tCN Cedar C"reek Paris Ltd tract tm• a iiistancc of b(13.2t} feet to a paint fcr corner at the soutlie~~st comer of said RGP Ct~iir t°ret:k Paris ,Ltd tract, said paint facing in flee north line of said La~~t~a ~1"ra.il; Theaucce Nrartlt $'9°55'taQ" lwrEst ;with the south line of said FtGP Cedar Creek Ptat'k, Ltd tract, same 17eh7g floe north line of said Lavaca Trail tea the PANT QT l3~Gl€NNII~G and cantainittg S.QE acres caf lar=d ttaore cr less. ~.. Cit of Colle V~~~e 100 Main Street Colleyville, Texas 76034 ~~~~ Agenda Briefing 817.503.1000 vrww.col leyvi l le. com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 07/25/2011 Agenda No.: 8b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 5A, Block 2, of the Andy Felps Addition located at 4205 Colleyville Boulevard, Case ZC11-013 Attachments: Location and Zoning Map Notification List 500 ft Buffer Map Statement of Planning Objectives Site Plan Floor Plan Landscape Plan Survey Sign Exhibits Photos Provided by Applicant Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 07/25/2011 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 5A, Block 2, of the Andy Felps Addition located at 4205 Colleyville Boulevard, Case ZC11-013 Explanation Lanny Wilkinson has submitted a request for a Special Use Permit (SUP) in order to operate a package store called "5 O'Clock Somewhere Beer, Wine and Spirits" at 4205 Colleyville Boulevard. The proposed package store will encompass 4,406 square feet. This request was considered by the City Council on June 7, 2011 and was denied without prejudice. Therefore, because of the denial without prejudice, the applicant is not bound to the requirement in Section 1.18(6)10 the Land Development Code stipulating that a zoning request cannot be re-applied for on the same parcel within a 12 month period upon denial by the City Council. The following is a brief analysis of the applicants request where it differs from the previous request: 1. The point of sale area has been moved from the north entrance of the building to the southeast entrance, which is the main entrance from the covered parking area. 2. The door on the west side of the building has been removed. 3. The covered loading area on the north side of the building has been removed. This is a City of Colleyville Page 1 Printed on 7/21/2011 Agenda Briefing Continued covered entrance only with sidewalk access from the covered parking area at the rear of the building. 4. The future building, proposed for the rear of the property, has been removed from the site plan. The remainder of the briefing contains very minor additional information from the previous request. Existing Zoning and Development Conditions. The property is zoned CC3-Highway Commercial zoning district and is platted. The subject property is currently developed as an automotive tube shop. Package stores are allowed in the CC3-Highway Commercial zoning district with the approval of an SUP. Staff Review and Analysis. Staff analysis of this request is written as if the proposed request is a new development on an undeveloped site. Therefore, any request by the applicant that does not meet current Land Development Code requirements is noted below along with recommended remediation. Site Plan, Landscaping, Building Design and Signage Site Plan. The site plan submitted by the applicant shows the proposed package store to be a 4,406 square foot remodel of the current building. Landscaping. The subject property contains approximately 15 shrubs around the existing sign as well as 12 shrubs around the existing building. No trees are located on the subject property and none along SH26. Therefore, two (2) trees are required to be planted along SH26. Additionally, a minimum of one (1) five gallon shrub is required to be planted for every five (5) feet of frontage along any roadway frontage. Therefore, twenty (20) shrubs are required to be planted along SH26. Staff recommends that the subject property meet the minimum requirements of Chapter 4-Landscaping and Buffering prior to the issuance of the certificate of occupancy. This provision has been added to the proposed ordinance. Dumpster Locations. The site plan does indicate an enclosed dumpster location. Staff recommends that all dumpsters be screened per the requirements of the Land Development Code. This provision has been added to the proposed ordinance. Hours of Operation. The Texas Alcoholic Beverage Code (TABC) mandates that all package stores cannot sell, offer for sale, or deliver any liquor on: New Year's Day, Thanksgiving Day, or Christmas Day; on Sunday; or before 10 a.m. or after 9 p.m. on any other day. When Christmas Day or New Year's Day falls on a Sunday, the store must be closed the following Monday. Building Design. According to Chapter 6-Building Design in the Land Development Code, commercial buildings located in the CC3-Highway Commercial zoning district require a minimum design score of 20. The applicant has provided building elevations showing improvements to the building facade. The building, as it is proposed, contains a design City of Colleyville Page 2 Printed on 7/21/2011 Agenda Briefing Continued score of 35. Staff recommends that the entire building meet a minimum design score of 35 per the elevations provided by the applicant. This provision has been added to the proposed ordinance. Basement. The proposed remodeled building will include a 1,861 square foot basement area to be used as storage for the proposed package store. The 1,861 square feet is included in the overall square footage for the proposed package store. The applicant states the basement area may be used for display space in the future. However, the applicant will be required to install an elevator for access to the basement area at that time. The elevator and basement area will be required to comply with all building code regulations. This information has been added to the proposed ordinance. signage. The applicant has submitted sign exhibits for a proposed monument and wall sign which meet the requirements of Chapter 7-Sign Regulations of the Land Development Code. Staff recommends the following with regard to any signage: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (2) that there be language in the draft ordinance adopting Section 108.52 of the Texas Alcoholic Beverage Code by reference thereby enabling the City to enforce the state sign provisions in addition to any enforcement by state inspectors further ensuring compliance. Staff also recommends that upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store be removed in its entirety at the expense of the business and/or property owner within 30 days of abandonment. The sign provisions noted above have been added to the proposed ordinance. Store Layout and Crime Prevention. The applicant has submitted a floor plan detailing the proposed location of all items to be sold, check-out points and security cameras. In terms of crime prevention, staff recommends that all package stores be required to comply with the Crime Prevention Recommendations for Convenience Stores and Package Stores. This document has been added to the proposed ordinance as an exhibit. Access, Parking and Traffic Generation Access. The site contains two driveway approaches; one for ingress and one for egress on SH26. There is a continuous unprotected left turn lane off SH26 for north bound traffic turning into the property. No mutual access exists between the subject property and the adjacent properties. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis (TIA), since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides City of Colleyville Page 3 Printed on 7/21/2011 Agenda Briefing Continued estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. There is no category for package stores in the publication. For previous package store cases, staff has estimated traffic generation based on convenience stores with gasoline sales. Based on the calculation of a convenience store with gasoline sales, 4,406 square feet of gross floor area is expected to generate 630 trips per day, on average. Parking. The Land Development Code requires one (1) parking space per 200 square feet of gross floor area for general retail uses such as convenience stores and package stores. Based on this requirement, the applicant is required to provide a minimum of 22 parking spaces. The site plan for the proposed package store shows 27 parking spaces located on the subject property. Proximity Information. The following measurements detail the proximity of the proposed package store to the uses listed below as well as other package store applications on file. All measurements are calculated based on a straight line drawn from the closest point of the subject property line to the closest point of the property line of the closest use or package store application in Colleyville only: Distance to closest residence: 179 feet Distance to closest school: 650 feet Distance to closest church: 650 feet Distance to closest day care: 650 feet Distance from other active package store locations approved and pending: Hall's Wine and Spirits -Approved 3.9 miles Tivoli Wines -Approved 1.2 miles Goody Goody -Approved 0.7 miles Bear Creek Spirits and Wine -Approved 3.3 miles Tri-City Spirits -Approved 1.7 miles Fossil Creek Liquor -Approved 2.1 miles Public Safety Assessment. The police department has reviewed this item and the following is a summary of their assessment: the current structure at 4205 Colleyville Boulevard is an oil change business that is located on the east side of the roadway and faces west. There is one entrance on the south side of the property and one exit on the north side of the property. A middle, designated turn lane does exist on Colleyville Boulevard to facilitate southbound left turns into the property. There are currently four parking spaces in the front of the business and seven parking spaces at the rear of the location. The existing structure consists of a small office and three covered bays with overhead doors. There are no residences in close proximity to the business and it is not situated near a major, signalized intersection. The proposed site is approximately 0.7 miles south of the approved Goody Goody package store located at 4701 Colleyville Boulevard. It appears that substantial modifications would be necessary to transform the existing structure into a package store that would conform to crime prevention through environmental design best practices and comply with the approved crime prevention City of Colleyville Page 4 Printed on 7/21/2011 Agenda Briefing Continued recommendations for package/convenience stores. Surrounding Properties. The adjacent property to the north is zoned CC3-Highway Commercial and is developed as a car wash. The adjacent property to the south is zoned CC3-Highway Commercial and is undeveloped commercial property. The adjacent property on the east is zoned PUDC-Planned Unit Development Commercial and is currently developed as an office. Properties to the west are in the City of Hurst and are developed as retail and office properties. Master Plan. The Colleyville Master Plan designates this property for future retail uses. The use of the property as a package store complies with the plan with the approval of a Special Use Permit. Public Notification. Staff notified 33 property owners within 500 feet of the subject property regarding this request Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence for this request. Staff Analysis and Summary of Recommendations. Staff has written the proposed ordinance such that it contains all recommendations specified in the briefing. The following is a summary of staff recommendations: - All landscaping shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code - The building shall meet a minimum design score of 35 per the elevations submitted by the applicant - All signs shall meet the following conditions: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (2) that there be language in the draft ordinance adopting Section 108.52 of the Texas Alcoholic Beverage Code by reference; thereby enabling the City to enforce the state sign provisions in addition to any enforcement by state inspectors further ensuring compliance; (3) Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within 30 days of abandonment. - All dumpsters shall be screened per the requirements of the Land Development Code. - All package stores shall be required to comply with the attached Crime Prevention Recommendations for Package Stores and Convenience Stores. This document has been added to the proposed ordinance as an exhibit. The following is an analysis of the request, as submitted by the applicant, in terms of compliance with current Land Development Code and Code of Ordinance requirements as specified below: City of Colleyville Page 5 Printed on 7/21/2011 Agenda Briefing Continued Complies with parking regulations? Yes Complies with landscaping regulations? No Complies with sign regulations? Yes Complies with minimum building design score? Yes Complies with outdoor storage restrictions? Yes Traffic Impact Analysis required? No Proposed Use is over 300 feet from church, school & hospital? Yes Recommended Actions The Planning and Zoning Commission has the following options regarding action on this item: 1. Approve the request as submitted (with listed conditions in the proposed ordinance); 2. Approve the request with additional condition(s); 3. Table the agenda item to a specific date with clarification of intent and purpose; 4. Deny the request. City of Colleyville Page 6 Printed on 7/21/2011 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Bigio, Earleen Etal 121 Acuff Ln Colleyville TX 76034 000107 Acuff Ln Barrett, Ra mond S 120 Acuff Ln Colle ille TX 76034 000120 Acuff Ln Bi io, Earleen Etal 132 Acuff Ln Colle ille TX 76034 000121 Acuff Ln Byerly, Mimi & Jeffrey S 7109 Pebble Hill Dr Colleyville TX 76034 000125 Acuff Ln Crombie, Phillip Etux Kymberle 128 Acuff Ln Colleyville TX 76034 000128 Acuff Ln Lindsey, Vicki 129 Acuff Ln Colleyville TX 76034 000129 Acuff Ln Wilks, Earleen Fay 132 Acuff Ln Colleyville TX 76034 000132 Acuff Ln Moore, Joe Etux Peggy 133 Acuff Ln Colle ille TX 76034 000133 Acuff Ln Greer, Joel 4005 Fel s Dr Colleyville TX 76034 004005 Felps Dr Gomez,losetto S 4008 Felps Dr Colleyville TX 76034 004008 Felps Dr Bratton, Billy W 4009 Felps Dr Colleyville TX 76034 004009 Felps Dr Morrison, Sandy Etvir Michael 4012 Felps Dr Colleyville TX 76034 004012 Felps Dr Caunitz-Lucas Llc 4008 Steeplechase Dr Colleyville TX 76034 004013 Felps Dr French, James E PO Box 550 Tioga TX 76271 004100 Felps Dr Budri, Aziz 4101 Felps Dr Colleyville TX 76034 004101 Fel s Dr French, James E PO Box 550 Tioga TX 76271 004104 Felps Dr Bigio, Earleen Etal 121 Acuff Ln Colleyville TX 76034 004105 Colleyville Blvd McKeown, William C Etux Sylvia 4105 Felps Dr Colleyville TX 76034 004105 Felps Dr Mahdato, David A 4109 Felps Dr Colleyville TX 76034 004109 Felps Dr Romine, Laquita Joy PO Box 97 Colleyville TX 76034 004113 Felps Dr Bigio, Earleen Etal 121 Acuff Ln Colleyville TX 76034 004117 Colleyville Blvd T Marie Mauldin Llc PO Box 584 Colleyville TX 76034 004121 Colleyville Blvd Lake, Kathy L 4125 Collyville Blvd Colleyville TX 76034 004125 Colleyville Blvd Callahan, Jimmy 5019 Bluebonnet Rd Colleyville TX 76034 004201 Colleyville Blvd Ruthart, Iona PO Box 222 Colleyville TX 76034 004201 Felps Dr Grapevine Express Wash Lp 312 W Northwest Hwy Grapevine TX 76051 004205 Colleyville Blvd Knight, Earnest G 21619 Old Highway 105 Cleveland TX 77327 004205 Felps Dr Auto Wash Depot Centers 14 Summer St Ste 302 Malden MA 02148 004207 Colle ille Blvd Shamrock-Rental Properties Lp PO Box 92879 Southlake TX 76092 004209 Colleyville Blvd Midbelt Properties Lp 2718 Fairmount St Dallas TX 75201 004211 Colleyville Blvd Westlake Jv Inc PO Box 92519 Southlake TX 76092 004213 Colleyville Blvd City of Hurst, Planning and Zoning 1505 Precinct Line Rd. Hurst TX 76054 courtesy notice Lanny Wilkinson, applicant 214 W. Northwest Hwy. Grapevine TX 76051 applicant Public hearing notices were mailed on Thursday, July 14, 2011 by Amy Shelley. 500 ft. Buffer Map ~~ ~_, a 4s1e. ~ ,~ ~'~~ Site 4245 4~'„ . y11 S 3134 344 ~3~8' 3 t 2 4C0 f ~~oro 4:09 S 18 4915 4994 ~}1' 4113 _' "-"1 ~t18 411'2' 4 4 41'!1 t4 4' 4fl~ 41[S~9 "~ ~9II2 4125 4t5=1 ~ ~ 49S~t 44~l6 4} 4~`~1 41?t ~,,, 416, '+3`76 41~ 41Q4, 4 ~~, 132 41 C0 ~ 410 t ~ 4143 411} 4~. ~ 12" '~° t~ ~i~~ ~ 4~pr 41 C0 4141 49G~ ~~~ ,,~ ~- r r ~ N ~ - :~,Q 4~7 451. ~ ~4CCt< 1 ~ 3 °r 4GC~_ ,may ~~~ ~~, I' ~ia~!5 4{14C ~ 2 41343 125 ~ ~,. a~~Ca ~A~11 "~ 6~! 4GY91 ~---'--.-~ - 4..~G9 3817 `k7~1` 1 .~~ ' „-, 918 1.24 „~ 1~ aSf4 3993 __ ~# ~_ ~ 31© , 218 1_0 -~ 4~. '~'B Statement of Planning Objectives s o' cock S~ Beer, Wine and Spirits Company overview S O' Clock Beer, Wine and Spirits is a retail Store that provides wine, spirits, beer and ancillary items for sale to its customers. The retail store will be open from 10am to 9prn Monday through Saturday. We plan to employee 5 people outside of management. Furthermore, we plan to utilize technology to both enhance the customer experience and provide value added service to our customers. The expected economic impact of the facility is as follows: Current Proposed Future Building square footage 3722 4406 7186 Property Taxes $10,377 $30,156 EST. $50,000 EST. Sales Tax $9,019 $123,750 $123,750 Other economic issues related to the property are as follows: 1. The property is currently zoned automotive and surrounded by industrial type uses. This project would eliminate an automotive center. Furthermore, the property would remain retail and or office even if it the liquor law was repealed. 2. The current use of the property is not the highest and best use of the property. This proposal would maximize the property and improve the site, and improve the south entrance to our city. 3. Most of the traffic will come from outside of Colleyville, thus bringing new sales tax dollars into the city that are currently going to Ft. Worth. The automotive use currently on the site is not an economically viable business and thus the facility has become an eye sore. This project will dramatically change both the outside and inside of the facility. 5 0` Clock Beer, Wine and Spirits recognizes the need for a high level of security in package stores. We will be adopting all of the Crime Prevention Recommendations for Convenience Stores and Package Stores as recommended by the City of Colleyville (see attached). As well as the following: • Monitored security alarm with contact alarms on opening. • Visual line of site to all entrances and exits from the pos. • Visual line of site to all vehicles entering and exiting the facility • Cameras monitoring all vehicles entering and exiting the property. • Cameras monitoring all retail space and storage areas. • Cameras monitoring all parking and covered loading areas. RECEIVED • Cameras monitoring the front and sides of facilities JUN 2 0 2011 Per ............. • All cameras will have remote viewing. 5 0' Clock Beer, Wine and Spirits estimates its annual sales to be approximately $1,500,000. The estimated average ticket is $30. With the traffic being approximately 120 people per day Monday - Thursdayand 240 people per day Friday and Saturday. 5 0' Clock Beer, Wine and Spirits is located in the most southern part of the city, has no residential neighbors and has the greatest distance of any existing package stores to schools, parks and municipal buildings making it an ideal location for a package store (see attached map). We have extensively tried to come up with a name that is both marketable and representative of the business and market we serve. Several people with extensive marketing background have been consulted and the following is a list of names that have been proposed and are listed in order by ones rating better. 5 O' C~OCk 5 Beer, Wine and Spirits InFUSe Beer, Wine and Spirits FUSIOn'S Beer, Wine and Spirits Chi~~-N Beer, Wine and Spirits L&L Beer, Wine and Spirits The screened area adjacent to the sign has been removed. Its purpose was purely cosmetic. It is, however, important to note that landscape is being added to the front of the building and four parking spots are being removed to facilitate this. The basement area will initially be used as storage. Should the business grow and we require additional display space, we could expand the basement into a full wine cellar with large tasting tables or close it off completely from the upstairs and have a whole different use. We redesigned this building and property with the following goals in mind: • Eliminate the current automotive use for both now and in the future. • Provide a high level of service and convenience to our package customers. • Allow for flexible use/growth, in the future, as a package store or retail/office. • Provide the highest and best use of the property. • Start redevelopment in an older industrial section of highway 26. !t is important to note that the new building would not only meet the needs of a package store, but could easily be converted to some other form of retail or office should that be deemed the highest and best use in the future. We would install the elevator when either the downstairs became a wine cellar or the building was converted to officejretail. 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' f L # icant ,._4- __ - ~ _~- Imo` ORDINANCE 0-11-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 5A, BLOCK 1, OF THE ANDY FELPS ADDITION LOCATED AT 4205 COLLEYVILLE BOULEVARD BY AUTHORIZING A SPECIAL USE PERMIT FOR A PACKAGE STORE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC11-013; 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 0-11-xxxx Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the official zoning map by authorizing a Special Use Permit for a package store on Lot 5A, Block 1, of the Andy Felps Addition located at 4205 Colleyville Boulevard, as depicted on Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a package store as depicted on Exhibit "A" and described and shown in Exhibit "B" and Exhibit "C". The addition of any building or structure not shown on Exhibit C shall require an amendment to this Ordinance and the Special Use Permit, subject to the final approval of the City Council. b. The package store authorized by this Special Use Permit shall not exceed 4,406 square feet in size. c. The business name for this package store shall be "5 O'Clock Somewhere Beer, Wine and Spirits." 2. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. The Landscaping plan is shown on the attached Exhibit "G". 3. SIGNAGE a. All signs advertising the package store shall meet the following conditions: (1) the new monument sign and wall sign shall be generally Ordinance 0-11-xxxx Page 3 of 4 consistent with Exhibit "D"; (2) all signage, including existing signage, shall, at a minimum, meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (3) Section 108.52 of the Texas Alcoholic Beverage Code is hereby adopted by reference of which all requirements pertaining to signage shall apply to this Special Use Permit; (4) Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within thirty (30) days of abandonment. 4. GENERAL DEVELOPMENT REQUIREMENTS a. All buildings located on the subject property shall, at a minimum, meet a minimum design score of 35 prior to the issuance of the certificate of occupancy for the package store. The design of the package store shall be generally consistent with Exhibit "E". b. The basement area and elevator installation shall be required to comply with all building code regulations. c. All dumpsters shall, at a minimum, be screened per the requirements for dumpster screening in the Land Development Code. d. Any drive-through windows associated with this development are hereby prohibited. e. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "F". f. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. g. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other Ordinance 0-11-xxxx Page 4 of 4 than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. 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 5 C3' Clt~~k s $~@I`, V~lne and Spirits Connpany averr~ew S C, [lock Beer, Wine ar-d Sg~irits is a retail Store that provides wire, spirits, Meer and anGEiary items for sale to its custc~rners. The retail st8re wil ~ apen #ram SCtarxr to 9pm'4landay through Saturday. We plan to employee 5 p~pte tsutside of management:. Furrhermcare, we plan tta utilize technology to both enhance the custamer experience and provide value added service to our customers. The expett+ad econpme impact of the facotity is as #ailaws: Current Proposed future Building square footage 3:722 44d?Ca 718E Property'Taxes 510.37.7 a3a,I6 ST. 55c~.tx]~1r5T. Sales Tax 59,01 512 3, 75Q $123,750 C~therecanamic issues related to the property are as fallowsc 1. The property is currently zoned automotive and surrounded by industria{type uses.. This project wculd e:irrtinate an avtamctive center,.: Furthermore, Che property would rerrtain retail and or flffce even if it thr: Eigw~xar law v.~as repeaFed_ 2. The current use of the propertyr is not the highest and best use of the property. This prc~pasal would maximize the property and irnprave the site, and improve the sputh entrance to our rrty. 3. Moat a# the traffic will came from outside of ~Colleyvitle, thus bringing new sales: tax dollars into th!e city that are currently graing to Ft. Worth. The aut4rrtc-tive use currently pn the site is not an economically enable business and thus the facility has became an eye sure. This project wii{ drarnaticaUy chu:+ge tJOth the outside and in*~%de of the fttcality. 5 ~?' Clock Beer, Wine and 5pirtis recognizes the need for a high level of security in package stores. We will be adoptirt~ all of the Crime prevention itecammendatians for Carruenience Stores and Package Stares as recorTirnended by the C:=ty of Calleyvilie see attachedj. As well as the fallowing: Monitored security alarm tikith contact alarms an opening. + 5fisuai line of site to all entrancQS and exits frort7 the pos. Visual line al slte to ail v2hiGles ent~r~ng oral exit n6 the faeility + Cameras monitoring all!vehiclesentering and exiting the property. Cameras monitoring ail retail space and storage areas., • Cameras mactitorlr~g all parking and c~ered Ic~ading areas. +~ Cameras monitoring the front and skies 4~f facilitiers All earnerds will have rerntate viewing. 5 t7' Cluck Beer, aAtine and Spirits est irXaates its annual safes to be apfaroxiately $1,5DQ,fN]CM. ~"he estimated average ticket is $30. W ith the traffic beinE approximately L20 people per day Monday - 7~-ursday and 2401 peop&e per day Friday and Saturday. Q' Citrck gear, Wine and Spirits is located in the most sotrt9t,e:-n ~rart of the city. has rao residerttia~ neighbors and has the greatest dlsta~,ce e,f antr existing package stares td schotals, parks and municipal buildings making it an idea] iocatinn far a package stare lsee attactaEsd map.}. M!e have extensively tried to came up with a Warne that is bc~ttt rnarkQtable and representative of the business and market way serve. Several peapic with extens ve marketing. backgrcauncf have been Consulted ant! the foflawing is a list of names that have bt~tn proposed and are listed in order by ones rating betta~r. 51,7' C~pt~t S.+.Qw~.a Beer, tliline and Spirits ~11~it5>e kleer, Wine and Spirits F'uSis>'n"s Beer, VNlne and Spirits [hil!- Beer. Wine and Spirits L&L Beery Winae and Spirits TI7e screened area adjaceric tc the sign has been removed. °ts purpose was purely cosmetic. It ls. haweuer, impart~3nt to rigte that Iantise2p€~ is being adda~d to the Errant eaf the building and four parking spats are beir3g removed to facilitate this. ~`h~e basement area viii initially be used as storage, Should the business grew and we rer~t}ira7 additional dispf3~,~ space, we could expand the baserraent intro a full wine cellar with large tasting tables or chase It off r_aampletely frcarn th,e upstairs ant! have a whole different use We redesigned this 6arildirag grad property with the following goals in mind: • Eliminate the Current automotive use for bath now ant! in the future. Provide a h,~h lave I of service and convenience to our package customers. ~ Allow fear rlexiblc use/growth, in t#aa future, as a package stare or retail/office. Provide th8 l,~ghest end bast use cif the property. Start. re~clevt>iaprnetat in ata olr~er industrial s~eetion of higfarvaq 26. It is imf-artant to mate that the new bu~`d~ng would nit: tanly meet the needs of a package store, but could easily be converted to stoma rather fr~~m taf retail tar office should that tae deemed the highest and l~izsi use in the ftatiare. We would install the aslevatdr when either t he downstairs became a wine cellar car the building was etanverted to office/retail. Exhibit "C" -Site Plan G -~ =::~~, ~ '~~ ~_~ z~- ~,~3 ~~ ~ _ 5< ___ I at z ~ _ ~ - 7 _ ;I 1 T z~ I; ~...... E ~ t --~ ~ y5 ~ _~ I - ~ W ; - "a 5 7;, z ~ _, ~ ~ ; ~' ~ ~ f ~ q, .~ ~ ~__ °u~ _ .. i ~ It _ ....~. ~ ~ ~, ~ ~ ~ ~..... -1 i ~ ~ Z i ~~ ~ a- . a ~ -- + + . -~- - ~ --~ -• i j ~I I ~~' ~ _~ ~ ,.._ ~ __ ~ K n - y I ~.~ . f+ -}^ t t ~ -i -< rtt ~ ~i 1 ~ ~I x ~ i ~ /~ ~I i~ ~ - ~ ~~ - ~. ~ s j ~ _~ t e 1 ~ r - F ~u~r4.~!'.rre - T i ]' '~I Rini-~ j{ ~ ~j,~ _ _ u - ; II t .i y y ~ r r ~ j ~ ~~ ~ ~n ~ F ~° I -:--- - 1 - - ~ ~~ ~f AYM e~i Lliib Exhibit "D" -Sign Exhibits ~? ~.~~ ;` ,~__ DL~QG3 ~ G^70~If~ £'3 ~pOG3~4~3 some~v~ Is7terer -~_: - ~ _~ `fie _--'~~dn. - y0''P`~a # ~ ~ ~ ,*~f ... - °, ~- ~ ' Cc~turnns are 1 ~" w%de " Base is ~4" tai{ r - .- ~ V~ertiGal place a~f sign is -~` ~ ~"` off set frt~m base ~ cc~lumn~ r-~ -.~' .,~_~~ ~.- ~..~.- ~ "` ~ 3 ~ 7~~ rn.. ~i= ~.._ r~.a^'t mt Exhibit "E" -Building Elevations .«-r: ~~. f~,,._ ~'° 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. Exhibit "G" -Landscaping :..... i ~ ~ ~ ~. i i i Z ~~ i R i .~; ~. 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