HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-06/11/2018City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, June 11, 2018 City Council Chambers
PRE COMMISSION MEETING
6:15 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
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
CALL TO ORDER AND ROLL
INVOCATION: COMMISSIONER VAN BEVER
PLEDGE OF ALLEGIANCE
1. APPROVAL OF MINUTES
1a March 26, 2018
2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
3.PUBLIC HEARING AGENDA ITEMS
Planning and Zoning
Commission Agenda June 11, 2018
City of Colleyville Page 2
3a Consideration of a Special Use Permit for Alcoholic Beverage Sales –
OnPremises Consumption on Lot 1R1, Block 1, of the Market
Addition, located at 5005 Colleyville Boulevard, Suite 240, Case
ZC18015
3b Consideration of a Special Use Permit for Package Store and
Alcoholic Beverage Sales – OffPremises Consumption on Lot 3,
Block 2, of the Lavaca Trail Addition, located at 8070 Precinct Line
Road, Case ZC18016
3c Consideration of an amendment to the PUDC Planned Unit
DevelopmentCommercial zoning district to allow for maximum
square footage for a restaurant on Lot 1RA2, Block 1, of the
Tropicana Fuels Addition, located at 7101 Colleyville Boulevard, Case
ZC18017
3d Consideration of a Final Plat for Lots 1, 2, and 3X, Block 1, Old Grove
Addition, Phase II, located at 105 & 103 John McCain Road and 7189
Cast Iron Forest Trail, Case PC17004,TABLED FROM THE MAY 14,
2018 MEETING
3e Consideration of a zoning change from the AG Agricultural zoning
district to the CC1 Village Retail zoning district and a Special Use
Permit (SUP) for Cemeteries or Mausoleums on Tract 2B & 2B02,
Abstract 180, in the J L Byas Survey, located at 5713 Colleyville
Boulevard, Case ZC18001, TABLED FROM THE MAY 14, 2018
MEETING
3f Consideration of amendments to the Land Development Code,
specifically Chapter 1 – General Provisions, Chapter 4 – Landscaping
and Buffering, and Chapter 6 – Commercial Design Standards
4.ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards June 8, 2018
by 5:00 p.m.
Araceli Botello
Planning Technician
A quorum of the Colleyville City Council may be in attendance at this
meeting.
Planning and Zoning
Commission Agenda June 11, 2018
City of Colleyville Page 3
Any matter on this agenda may, at the discretion of the governing body, be
opened for public comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville
Planning and Zoning
Commission
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, March 26, 2018 City Council Chambers
CALL MEETING TO ORDER
The City of Colleyville Planning and Zoning Commission meeting was called to order
by Chairwoman Mathisen on March 26, 2018, at 7:15 p.m.
Roll Call
Present: Raymond Allee, Susan Mathisen, Charles Kelley, Claudia Bevill, and Jason
Elms
Absent: Sam van Bever and Veronica Baughman,
Staff Present: Ben Bryner, Felix Landry, Chief Brian Riley, Robert Mckeown,
Taylor Schauwecker, Araceli Botello, and City Attorney Whitt Wyatt
1. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
2. APPROVAL OF MINUTES
Commissioner Elms made a motion to approve the January 22, 2018
minutes. Commissioner Bevill seconded.
The motion to approve carried by the following vote:
Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms
Nay: 0
Commissioner Kelley made a motion to approve the February 12,
2018 minutes. Commissioner Bevill seconded.
The motion to approve carried by the following vote:
Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms
Nay: 0
City of Colleyville Page 1
Planning and Zoning
Commission Agenda March 26, 2018
City of Colleyville Page 2
3. PUBLIC HEARING AGENDA ITEMS
3a Consideration of a zoning change from the R-40 Single Family Residential
zoning district and AG Agricultural zoning district to the PUD-R Planned
Unit Development-Residential zoning district on Lots 1R1 & 1R2, Block 1,
Bear Creek Plantation, located at 1312 John McCain Road and 7309 Holly
Lane N, Case ZC18-002, CASE WITHDRAWN BY APPLICANT
Chairwoman Mathisen noted that the applicant has formally request to
withdraw and close the case, therefore no action needs to be taken by the
Commission at this time.
Community Development Director, Ben Bryner added that staff anticipates that
this case will be presented in the future and it will be a new case.
3b Consideration of a zoning change from the AG Agricultural zoning district
to the CC-1 Village Retail zoning district and a Special Use Permit (SUP)
for Cemeteries or Mausoleums on Tract 2B & 2B02, Abstract 180, in the J
L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC18-001,
TABLED FROM THE FEBRUARY 12, 2018 MEETING
Chairwoman Mathisen noted that the applicant has request to table the case
and therefore requested to open the vote to remove the case from the table
and vote on the applicant’s request to table the case.
Commissioner Kelley made a motion to remove Case ZC18-001 from
the table. Commissioner Elms seconded.
The motion to remove case from the table carried by the following
vote:
Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms
Nay: 0
Ben Bryner presented the case and briefed the Commission. He added that the
applicant has requested to table the case to the May 14, 2018 Planning and
Zoning Commission Meeting in order to address concerns of drainage,
setbacks, and screening along Hall Johnson Road.
Chairwoman Mathisen requested a motion for the case.
Planning and Zoning
Commission Agenda March 26, 2018
City of Colleyville Page 3
Commissioner Bevill made a motion to table Case ZC18-001 to the May
14, 2018 Planning and Zoning Commission Meeting. Commissioner
Kelley seconded.
The motion to table the case carried by the following vote:
Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms
Nay: 0
3c Consideration of a Special Use Permit for Alcoholic Beverage Sales – On-
Premises Consumption on Lot 3A, Block 2, of the Village Park Addition,
located at 4609 Colleyville Boulevard, Case ZC18-003
Felix Landry presented the case and briefed the Commission.
The public hearing was opened at 7:27 p.m.
The applicant, Catherine Chamblee, 600 Congress Avenue, Austin, Texas, came
forward and briefed the Commission.
Commissioner Kelley questioned the applicant if the restaurant Chipotle is a
franchise or owned by corporate. The applicant responded that the restaurant
is owned by corporate.
Commissioner Kelley questioned the applicant regarding the hours of operation
for the restaurant. The applicant responded that the hours of operation are
from 10:30 a.m. to 10:00 p.m.
The public hearing was closed at 7:31 p.m.
Chairwoman Mathisen requested a motion for the case.
Commissioner Kelley made a motion to approve Case ZC18-003.
Commissioner Elms seconded.
The motion to approve carried by the following vote:
Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms
Nay: 0
Planning and Zoning
Commission Agenda March 26, 2018
City of Colleyville Page 4
3d Consideration of a zoning change from the AG Agricultural zoning district
to the PUD-R Planned Unit Development-Residential zoning district on
Tract 2A01 & 2A02, Abstract 1543, in the George W Teeter Survey,
located at 1309 Glade Road, Case ZC18-006
Ben Bryner presented the case and briefed the Commission.
Chairwoman Mathisen questioned staff regarding the square foot of the
proposed lots in the subdivision. Staff responded that proposed lot sizes for
each lot is about 20,000 square feet.
Chairwoman Mathisen question staff what type of fencing is located along 4920
Glade Road. Staff responded that he would need to do some research. Staff
added that the applicant may be able to respond to the question.
Commissioner Elms question staff regarding the lot coverage requirements for
the proposed lots. Staff responded that a stipulation can be added for the
proposed lots to follow the standard R-20 zoning district’s lot requirements
which is a 30 percent lot coverage regulation.
Commissioner Kelley questioned staff regarding the R-20 zoning district’s tree
preservation requirements. Staff responded that the detailed tree preservation
analysis is not required for the zoning request. Staff added that the applicant
appears to exceed the standard percentage of required canopy for tree
preservation outlined in Chapter 5 of the Land Development Code.
Commissioner Kelley addressed concerns regarding fencing to the west of the
property and the street not being up to code. He added that he would like to
hear from the Fire Marshal on the concerns. The City’s Fire Marshal, Robert
McKeown, came forward and briefed the commission. The Fire Marshal
responded that the street was poured as approved by a previous council. He
added that the Land Development Code allows for the installation of fire
suppression system as safety measure in the homes when streets are longer
than standard or has over 12 lots in a cul-de-sac.
Chairwoman Mathisen question the Fire Marshal regarding concerns of having
16 lots in lieu of the standard 12 lots in a cul-de-sac as proposed. The Fire
Marshal responded that the width of the street is not to standard and that
more homes could create a greater chance for something to go wrong, but it is
not to a level that is alarming.
Discussion continued regarding the width of the street in the proposed
development.
Commissioner Kelley questioned staff regarding the R-20 zoning district’s
Planning and Zoning
Commission Agenda March 26, 2018
City of Colleyville Page 5
fencing requirements between residential lots. Staff responded that fencing is
not required between residential uses. Staff added that fencing is only required
when you have adjacency between an alternate use, e.g. commercial adjacent
to residential.
Commissioner Kelley questioned staff on the type of use to the east of the
subject property. Staff responded that the uses to the east are single-family
residential. Commissioner Kelley questioned staff if the zoning is R-20. Staff
responded affirmatively.
Commissioner Bevill questioned staff if the request for zoning is PUD-R. Staff
responded affirmatively. Commissioner Bevill questioned staff if the PUD-R
zoning requires fencing. Staff responded no.
Commissioner Elms questioned staff regarding access from the east side of the
subject property. Staff responded that there is mutual access easement to the
west of the property only. Staff added that the applicant is proposing to take
access from Carmel Place. Commissioner Elms questioned staff regarding
accessing a street from an open space lot. Staff responded that typically you
don’t access a street from an open space lot. Staff added that because there is
a mutual access easement dedicated on the plat, it then allows for access from
the open space lot.
Commissioner Kelley open discussion regarding placing a more substantial type
of screening between the lots in lieu of the ornamental fencing. Chairwoman
Mathisen questioned Commissioner Kelley as to the location of his request.
Commissioner Kelley responded that the fencing would be between the
proposed lots and the lots to the east.
Commissioner Elms pointed to the Zoning Exhibit and questioned staff if the
property to the east of the subject property is one lot. Staff responded that
there three homes to the east of the subject property, with two homes directly
adjacent. Staff clarified that the property to the south is a flag pole lot which is
adjacent along the east boundary of the subject property.
Discussion continued regarding screening.
Commissioner Bevill questioned staff regarding the open space requirements
for the property to the west of the subject property. Staff responded that the
zoning was approved to meet a minimum 14 percent of open space. The
subject property is required to meet a minimum of 20 percent of open space.
Commissioner Kelley pointed to the Zoning Exhibit and questioned staff
regarding the building on Lot 5X. Staff responded that it is an existing building
and would be removed as part of the proposed open area.
Planning and Zoning
Commission Agenda March 26, 2018
City of Colleyville Page 6
The public hearing was opened at 8:03 p.m.
Kathy Hadley, 204 N. Timberline Drive, came forward and spoke in opposition
to the case. Ms. Hadley addressed concerns regarding the number of proposed
homes and maintaining the country atmosphere.
The design engineer, Bryan Klein, 7075 Twin Hills Avenue, Dallas, Texas, came
forward and briefed the commission.
The public hearing was closed at 8:11 p.m.
Chairwoman Mathisen requested a motion for the case.
Commissioner Elms made a motion to approve Case ZC18-006.
Commissioner Allee seconded.
The motion to approve carried by the following vote:
Aye: 4 – Allee, Mathisen, Kelley, and Elms
Nay: 1 - Bevill
3e Consideration of an amendment to the PUD-R Planned Unit
Development-Residential zoning district regarding the minimum roof
pitch requirement for the Carmel Place Estates subdivision, located at
4808 to 4920 Carmel Place, Case ZC18-008
Ben Bryner presented the case and briefed the Commission.
Commissioner Elms questioned staff if the request is to add a minimum roof
pitch of 5/12 and allow up to a 12/12 roof pitch. Staff responded affirmatively.
Staff added that the request is to allow for a minimum roof pitch of 5/12, but
nothing lower than that.
Commissioner Elms questioned staff if the request is to maintain consistency
across the development of future homes. Staff responded that the amendment
would apply to all lots in the subdivision and that currently there are no homes
developed at this time. Further, the first proposed home to be developed with a
5/12 roof pitch could set the standard for the other homes in the area.
Chairwoman Mathisen asked if the applicant would like to present his case
before the Commission. The applicant responded with no.
The public hearing was opened at 8:18 p.m.
Planning and Zoning
Commission Agenda March 26, 2018
City of Colleyville Page 7
The public hearing was closed at 8:19 p.m.
Chairwoman Mathisen requested a motion for the case.
Commissioner Kelley made a motion to approve Case ZC18-008.
Commissioner Allee seconded the motion.
The motion to approve carried by the following vote:
Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms
Nay: 0
4. ADJOURNMENT
The meeting adjourned at 8:20 p.m.
The minutes were written and prepared by:
Araceli Botello
Planning Technician
The meeting minutes were approved on _____________ by a vote of ___.
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3a Agenda Date 06/11/2018 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Consideration of a Special Use Permit for Alcoholic Beverage Sales – On-Premises
Consumption on Lot 1R1, Block 1, of the Market Addition, located at 5005 Colleyville
Boulevard, Suite 240, Case ZC18-015
Explanation
Chalermwong Sukpanishakul, of NAPA Restaurant, has submitted a request for a
Special Use Permit (SUP) to allow alcoholic beverage sales for on-premise consumption
at 5005 Colleyville Boulevard, Suite 240. The subject property was previously occupied
by Sai Thai & Asian Bistro. Alcoholic beverage sales for on-premise consumption are
allowed in the CC-1-Village Retail district with the approval of an SUP.
Existing Conditions/Background: The subject property is zoned CC-1 Village Retail
district and generally located on the east side of Colleyville Boulevard, north of Old
Glade Road. The subject property is a platted lot and currently developed with a multi-
tenant commercial building. Suite 240, the proposed location of NAPA Restaurant, was
previously occupied by a restaurant known as Sai Thai & Asian Bistro. Sai Thai & Asian
Bistro was granted approval of an SUP for the sale of alcoholic beverages for on-
premise consumption by Ordinance O-17-2007. However, the SUP expired upon the
change of ownership and renaming of the restaurant.
Proposed Special Use Permit:
Request – The applicant is requesting approval of an SUP to allow alcoholic beverage
sales for on-premises consumption in conjunction with a new restaurant. The applicant
is requesting to sell and serve alcohol as part of the NAPA Restaurant menu. The
applicant proposes the following hours of operation as a component to the SUP
request:
Sunday - Saturday: 11:00 a.m. –10:00 p.m.
Ordinance – There are four components of procedure that a business must complete to
sell and serve alcohol for on-premises consumption in Colleyville: (1) a Special Use
Permit (SUP) approval by the City Council for alcohol sales (on-premises consumption)
(2) submission of draft Texas Alcoholic Beverage Commission (TABC) License
paperwork to the City Secretary’s Office for review and approval, (3) submission of
completed TABC License paperwork to the TABC, (4) the issuance of an Alcoholic
Beverage License through the City Secretary’s Office.
Planning and Zoning Commission Agenda Briefing 3a
City of Colleyville Page 2
Section 3.25 of the Land Development Code states that an SUP is to “allow a use
not normally allowed in a zoning district which could be of benefit in a particular
case to the general welfare, provided adequate development standards, and
special requirements are imposed to protect surrounding uses or to preserve the
character of the neighborhood.” SUPs automatically expire upon the
abandonment of the business, change in the use, a change in ownership, or upon
termination of the Certificate of Occupancy.
Section 6-3 of the Code of Ordinances requires businesses that serve alcoholic
beverages to be located at least 300 feet from a church, school, or public
hospital. The distance is measured from property line to property line for schools,
and from front door to front door along the street front property lines for
churches and hospitals.
Section 6-5 of the Code of Ordinances which states that the restaurant’s alcohol
sales must be incidental and secondary to the sale of food for human
consumption (further clarified in the Code as non-alcohol and food sales must
comprise at least 60 percent of gross receipts).
Analysis: The requested SUP is consistent with previously approved SUPs on the
subject property and is permitted by the Land Development Code with City Council
approval. The applicant proposes to operate the business in a similar manner to the
previous restaurant at this location. The requested location is in compliance with the
distance requirements of the Code of Ordinances, and the applicant is proposing to
comply with the 60/40 incidental sales requirements as stated above. Approval of an
SUP at this location for this user should not adversely impact surrounding uses or the
character of the neighborhood.
Surrounding Development: The properties to the north, south, east and west are
zoned CC-1-Village Retail district and developed with commercial buildings. One
property to the northeast is zoned R-20 Single Family Residential and developed with
one single family home.
Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville,
identifies the subject property as located within the Central Sector of the Colleyville
Boulevard Corridor. This area has been identified as having the greatest potential to
become a true center of activity by tying together major commercial and
entertainment centers along the Corridor.
Public Notification: Staff mailed notices to all property owners within 500 feet as well
as any Homeowners Associations within 500 feet of the subject property regarding this
Planning and Zoning Commission Agenda Briefing 3a
City of Colleyville Page 3
request. Grapevine-Colleyville ISD, where the subject property is located, was notified
per State law. Notice was published in the Fort Worth Star-Telegram as required by
State law and the Land Development Code. To date, one correspondence has been
received in opposition.
Staff Recommendation: Staff recommends approval of the Special Use Permit (SUP)
to authorize the sale of alcoholic beverages for on-premises consumption for the NAPA
Restaurant at 5005 Colleyville Boulevard, Suite 240. The proposed business is
consistent with the previous uses on the subject property and should not adversely
impact surrounding uses.
Recommendation
Approve
Attachments
1.Aerial Map
2.Zoning Map
3.Future Land Use Map
4.Statement of Planning Objectives
5.Floor Plan
6.Notification Map
7.Notification List
8.Property Owner Notification Letter
9.Letter of Opposition
10.Draft Ordinance
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Aerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-015 K
Subject Prop erty
5005 Colleyville Boulevard, Suite 240
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Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-015 K
Subject Prop erty
5005 Colleyville Boulevard, Suite 240
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Future Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
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Statement of Planning Objectives
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Notification Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-015 K
Subject Property
500ft Buffer
Properties within 500ft
5005 Colleyville Boulevard, Suite 240
Owner Name Owner Address Owner City Owner Zip Situs Address
SC 16 VILLAGE LANE INVESTMENT 505 PECAN ST STE 101 FORT WORTH, TX 76102 16 VILLAGE LN
HOA - LAKEWOOD ESTATES 6707 BRENTWOOD STR RD FORT WORTH, TX 76112 4921 LAKEWOOD DR
COLLEYVILLE PLAZA LP 580 DECKER DR STE 203 IRVING, TX 75062 4900 COLLEYVILLE BLVD
COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 5100 COLLEYVILLE BLVD
DUCIC, KIMBERLY 37 PIAZZA LN COLLEYVILLE, TX 76034 37 PIAZZA LN
SIDES, JOSEPH D 2911 COMPTON RD NASHVILLE, TN 37215 5109 THOMPSON TERR
SIDES, JOSEPH D 2911 COMPTON RD NASHVILLE, TN 37215 5113 THOMPSON TERR
GLADE RD CAPITAL LLC PO BOX 1821 COLLEYVILLE, TX 76034 1005 VILLAGE PARK DR
BUCHWALD, RUDOLPH W 1309 ASHFORD CT COLLEYVILLE, TX 76034 5025 COLLEYVILLE BLVD
COLLEYVILLE PLAZA LP 580 DECKER DR STE 203 IRVING, TX 75062 4908 COLLEYVILLE BLVD
COLLEYVILLE PLAZA LP 580 DECKER DR STE 203 IRVING, TX 75062 4906 COLLEYVILLE BLVD
VILLAGE OWNERS ASSOCIATION INC 1024 S GREENVILLE AVE STE 230 ALLEN, TX 75002 12 VILLAGE LN
O'BRIEN, PETE 609 CHEEK SPARGER RD STE 120 COLLEYVILLE, TX 76034 5004 THOMPSON TERR
BUCHANAN LUBBOCK PROPERTIES 3410 LAKE CREEK TR MANSFIELD, TX 76063 51 VILLAGE LN
BUCHANAN LUBBOCK PROPERTIES 3410 LAKE CREEK TR MANSFIELD, TX 76063 51 VILLAGE LN
BREWER, GLADYS L 5012 OAK TIMBERS CT COLLEYVILLE, TX 76034 5012 OAK TIMBERS CT
MCNOSKY, ANTHONY T 5108 PLEASANT RUN RD COLLEYVILLE, TX 76034 5108 PLEASANT RUN RD
BUCHANAN LUBBOCK PROPERTIES 3410 LAKE CREEK TR MANSFIELD, TX 76063 51 VILLAGE LN
QUENICHET, JOHN WAYNE 5005 OAK TIMBERS CT COLLEYVILLE, TX 76034 5005 OAK TIMBERS CT
GLADE ROAD CAPITAL LLC PO BOX 1821 COLLEYVILLE, TX 76034 1009 GLADE RD
BOJKU, AFRIM 5309 COLLYVILLE BLVD COLLEYVILLE, TX 76034 5150 COLLEYVILLE BLVD
Y2KITCHEN PROPERTIES LLC 4500 DARTMOORE LN COLLEYVILLE, TX 76034 5003 COLLEYVILLE BLVD
HAYWORTH, WARD O 2757 MESQUITE LN GRAPEVINE, TX 76051 5016 THOMPSON TERR
FRUSHER, DONALD 35 PIAZZA LN # 38110 COLLEYVILLE, TX 76034 35 PIAZZA LN # 38 111
RAJU, SESHU 3816 APPLETON LN FLOWER MOUND, TX 75022 5004 OAK TIMBERS CT
BUCHWALD, RUDOLPH W 1309 ASHFORD CT COLLEYVILLE, TX 76034 5101 COLLEYVILLE BLVD
JPMORGAN CHASE BANK PO BOX 2558 HOUSTON, TX 77252 5000 COLLEYVILLE BLVD
DUNN, REX A 312 MARSEILLE DR HURST, TX 76054 5010 THOMPSON TERR
THOMPSON BENJAMIN ETUX YEE-PIN 1100 GLADE RD COLLEYVILLE, TX 76034 1100 GLADE RD
GIBSON, NORMAN C 113 TIMBERLINE DR S COLLEYVILLE, TX 76034 5115 COLLEYVILLE BLVD
GULICK, CYLDE E 5100 OAK TIMBERS CT COLLEYVILLE, TX 76034 5100 OAK TIMBERS CT
MODERN HOLDINGS LLC PO BOX 92083 SOUTHLAKE, TX 76092 5100 THOMPSON TERR
BONEY, TRAVIS 4925 LAKEWOOD DR COLLEYVILLE, TX 76034 4925 LAKEWOOD DR
BOJKU, HAJRI 5309 COLLYVILLE BLVD COLLEYVILLE, TX 76034 5017 THOMPSON TERR
COCANOUGHER ASSET NO 3 LTD 6851 NE LOOP 820 STE 200 NORTH RICHLAND HILLS, TX 76180 5005 COLLEYVILLE BLVD
HANNA, MAGY H 5021 THOMPSON TERR COLLEYVILLE, TX 76034 5021 THOMPSON TERR
Y2KITCHEN PROPERTIES LLC 5003 COLLEYVILLE BLVD COLLEYVILLE, TX 76034 710 GLADE RD
VILLAGE OWNERS ASSOCIATION INC 1024 S GREENVILLE AVE STE 230 ALLEN, TX 75002 47 VILLAGE LN
RYAN WAYNE PROPERTIES LLC 16 VILLAGE LN STE 180 COLLEYVILLE, TX 76034 5017 COLLEYVILLE BLVD
ACROPOLIS INC 15233 VENTURA BLVD SUITE 1160 SHERMAN OAKS, CA 91403 5001 THOMPSON TERR
COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 24 VILLAGE LN
ESCOBAR, ROSA 4804 BEDFORD RD COLLEYVILLE, TX 76034 4804 BEDFORD RD
THOMPSON, JOHN E 5017 MONTCLAIR DR COLLEYVILLE, TX 76034 905 OLD GLADE RD
NOBLIT, DON PO BOX 820895 FORT WORTH, TX 76182 4913 COLLEYVILLE BLVD
TMI INTERNATIONAL LLC 5013 COLLEYVILLE BLVD SUITE 20 COLLEYVILLE, TX 76034 5013 COLLEYVILLE BLVD
DUNN, REX A 312 MARSEILLE DR HURST, TX 76054 5008 THOMPSON TERR
DELGADO, MARK ETAL 5000 THOMPSON TERR COLLEYVILLE, TX 76034 5000 THOMPSON TERR
SC 16 VILLAGE LANE INVESTMENT 505 PECAN ST STE 101 FORT WORTH, TX 76102 16 VILLAGE LN
HOA - LAKEWOOD ESTATES 12700 PARK CTRL DR STE 600 DALLAS, TX 75251 4935 LAKEWOOD DR
SEHAT, MAJID 4800 BEDFORD RD COLLEYVILLE, TX 76034 4800 BEDFORD RD
VILLAGE OWNERS ASSOCIATION INC 1024 S GREENVILLE AVE STE 230 ALLEN, TX 75002 13 MAIN ST
ACROPOLIS INC 15233 VENTURA BLVD SUITE 1160 SHERMAN OAKS, CA 91403 5005 THOMPSON TERR
HAMIDI, CAMERON S 17858 BENCHMARK DR DALLAS, TX 75252 37 VILLAGE LN
WAL-MART REAL ESTATE BUS TRUST PO BOX 8050 BENTONVILLE, AR 72716 4904 COLLEYVILLE BLVD
NOBEL SOURCE COMPANY LLC 640 S HILL ST STE 341 LOS ANGELES, CA 90014 800 GLADE RD
GIBSON, NORMAN C 113 TIMBERLINE DR S COLLEYVILLE, TX 76034 5104 THOMPSON TERR
SC 16 VILLAGE LANE INVESTMENT 505 PECAN ST STE 101 FORT WORTH, TX 76102 16 VILLAGE LN
RICHARD FAMILY LIMITED PARTNER 5009 THOMPSON TERR STE 102 COLLEYVILLE, TX 76034 5009 THOMPSON TERR
LG COLLEYVILLE LLC 3500 MAPLE DR STE 1600 DALLAS, TX 75219 4917 COLLEYVILLE BLVD
SOUMPHONPHAKDY, ANOULONE 5025 THOMPSON TERR COLLEYVILLE, TX 76034 5025 THOMPSON TERR
HEA21 LLC 6406 CUTTER RIDGE CT COLLEYVILLE, TX 76034 28 VILLAGE LN
KING, DALE L PO BOX 371 COLLEYVILLE, TX 76034 5000 OAK TIMBERS CT
ZELL THREE INC 1190 EXPLORER ST DUNCANVILLE, TX 75137 700 GLADE RD
VILLAGE OWNERS ASSOCIATION INC 1024 S GREENVILLE AVE STE 230 ALLEN, TX 75002 36 VILLAGE LN
HAMIDI, CAMERON S 17858 BENCHMARK DR DALLAS, TX 75252 37 VILLAGE LN
HAMIDI, CAMERON S 17858 BENCHMARK DR DALLAS, TX 75252 37 VILLAGE LN
JAMES, DUSTIN 40 VILLAGE LN COLLEYVILLE, TX 76034 46 VILLAGE LN
GRIFFIN, REGINAL 42 VILLAGE LN COLLEYVILLE, TX 76034 42 VILLAGE LN
ADVENIAT REGNUM TUUM, LLC. 1203 S WHITE CHAPEL BLVD STE 2 SOUTHLAKE, TX 76092 1105 GLADE RD
HOLLAND, AXEL 1100 JO CAROL ST COLLEYVILLE, TX 76034 1100 JO CAROL LN
LAKEWOOD ESTATES 213 MILL CROSSING WEST COLLEYVILLE, TX 76034 COURTESY NOTICE
SUKPANISHAKUL, CHALERMWONG 6024 GOLDEN DRIVE DENTON, TX 76208 APPLICANT
GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOOD AVE GRAPEVINE, TX 76051 STATE REQUIRED
Public hearing notices were mailed on Friday, May 25, 2018 by Araceli Botello
Notification List
NOTICE OF PUBLIC HEARING
Zoning Case Number: ZC18-015
Applicant: Chalermwong Sukpanishaku
Owner: Cocanougher Asset No. 3, Ltd
Location: 5005 Colleyville Boulevard, Suite 240
Property Description: Lot 1R1, Block 1, of the Market Addition
Present Zoning: CC-1 Village Retail District
Request: Consideration of a Special Use Permit for Alcoholic Beverage Sales –
On-Premises Consumption. The purpose is to allow for the sale of alcohol at
the proposed NAPA restaurant.
The City of Colleyville has scheduled public hearings concerning the above referenced request on the following
dates and location:
Planning and Zoning Commission Meeting: Monday, June 11, 2018 at 7:00 p.m.
City Council Meetings: Tuesday, July 2, 2018 & Tuesday, July 17, 2018 at 7:30 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears
on the last approved tax roll and all homeowners associations within 500 feet. Approval by the Planning and Zoning
Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the
proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the
date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda
as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for
approval by the City Council may be more restrictive than those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change
request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit
written comments prior to the public hearing, to the address below:
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
If the property owners of 20% or more of the land within a 200 foot notification area file a written protest prior to the
public hearing, State law provides that the approval of the zoning change request shall require the approval of a
super majority vote by City Council.
The application is on file for public examination in the Community Development Department at 100 Main Street,
Colleyville, Texas. A brief project description can be found online on the Active Development Case map:
https://www.colleyville.com/zoning.html. For additional information, please contact the Community Development
Department at 817.503.1052. Please reference the zoning case number when requesting information.
Ben Bryner
Community Development Director
bbryner@colleyville.com
Letter of Opposition
ORDINANCE O-18-xxxx
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP BY CHANGING THE ZONING ON LOT 1R1, BLOCK 1 OF THE
MARKET ADDITION, LOCATED AT 5005 COLLEYVILLE BOULEVARD,
SUITE 240, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE
OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City of Colleyville has received an application for on-premise
consumption of alcohol under Case No. ZC18-015; 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.
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 Lot 1R1, Block 1, of the Market Addition,
located at 5005 Colleyville Boulevard, Suite 240, by authorizing a
Special Use Permit for the sale of alcoholic beverages for on-
premise consumption, as depicted on Exhibit “A” and Exhibit “B”.
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.The Special Use Permit shall apply to the sale of alcoholic
beverages for on-premise consumption in conjunction with a
restaurant use only.
b.The name of the business authorized for on-premise
consumption alcohol sales by this Special Use Permit shall be
called “NAPA Restaurant”.
c.The 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.
d.All requirements of the Land Development Code shall be met,
except where amended herein.
2. HOURS OF OPERATION
a.The hours of operation shall not exceed the following schedule:
Sunday - Saturday: 11:00 a.m. – 10:00 p.m.
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 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 2nd day of July
2018.
The second reading and public hearing being conducted on the 17th day of July
2018.
PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___
ABSTENTIONS ON THIS THE 17TH DAY OF JULY 2018.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____
Place 1, Tammy Nakamura Place 5, Chuck Kelley ____
Place 3, Kathy Wheat Place 6, Callie Rigney ____
Place 4, George Dodson
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Whitt Wyatt
City Attorney
Exhibit “A” – Zoning Map
Exhibit “B” – Aerial Map
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3b Agenda Date 06/11/2018 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Consideration of a Special Use Permit for Package Store and Alcoholic Beverage Sales –
Off-Premises Consumption on Lot 3, Block 2, of the Lavaca Trail Addition, located at
8070 Precinct Line Road, Case ZC18-016
Explanation
Payal Brahmbhatt, the applicant, has submitted a request for a Special Use Permit
(SUP) to allow alcoholic beverage sales for a Package Store at 8070 Precinct Line Road,
called Fossil Creek Spirits. Mark Stacy previously owned Fossil Creek Liquor, receiving
an SUP in 2011. Package stores are allowed in the CC-2-Shopping Center district with
the approval of an SUP.
Existing Conditions/Background: The subject property is zoned CC-2 Shopping
Center district and generally located on the east side of Precinct Line Road, south of
Lavaca Trail. The subject property is a platted lot and is the location of Fossil Creek
Spirits. This site has operated as a Package Store since 2011 under ordinance O-11-
1795, and the applicant would like to continue the same operation under the same
name. However, the SUP expires upon the change of ownership.
Proposed Special Use Permit:
Request – The applicant is requesting approval of an SUP to allow a Package Store at
an existing location, Fossil Creek Spirits, which currently operates as a package store.
The operation is changing ownership which voids the existing SUP. The applicant
proposes to operate the package store as it currently operates.
Ordinance – There are four components of procedure that a business must complete to
sell beer and wine for off-premises consumption in Colleyville: (1) a Special Use Permit
(SUP) approval by the City Council for beer and wine sales (off-premises
consumption); (2) submission of draft Texas Alcoholic Beverage Commission (TABC)
License paperwork to the City Secretary’s Office for review and approval; (3)
submission of completed TABC License paperwork to the TABC; and, (4) the issuance
of an Alcoholic Beverage License through the City Secretary’s Office.
Section 3.25 of the Land Development Code states that an SUP is to “allow a use
not normally allowed in a zoning district which could be of benefit in a particular
case to the general welfare, provided adequate development standards, and
special requirements are imposed to protect surrounding uses or to preserve the
Planning and Zoning Commission Agenda Briefing 3b
City of Colleyville Page 2
character of the neighborhood.” SUP’s for alcohol sales automatically expire upon
the abandonment of the business, change in the use, a change in ownership, or
upon termination of the Certificate of Occupancy.
Section 6-3 of the Code of Ordinances requires businesses that sell alcoholic
beverages to be located at least 300 feet from a church, school, or public
hospital. The distance is measured from property line to property line for schools,
and from front door to front door along the street-front property lines for
churches and hospitals.
Analysis: The requested SUP is consistent with previously approved SUPs on the
subject property and is permitted by the Land Development Code with City Council
approval. The applicant proposes to operate the business in a similar manner to the
previous Package Store at this location. The requested location is in compliance with
the distance requirements of the Code of Ordinances. Approval of an SUP at this
location for this user should not adversely impact surrounding uses or the character of
the neighborhood.
Surrounding Development: All of the property to the north and south of this
location, on the east side of Precinct Line Road, has been designated for commercial
development in the City’s comprehensive plan, Destination Colleyville. Most of that
property has been zoned for commercial development, with some parcels maintaining
residential zoning. The only new development along Precinct Line Road has been
commercial and office development. The property across Precinct Line Road, to the
west, resides in North Richland Hills and has predominately developed residential, with
significant commercial development further to the north. To the east resides a variety
of different Colleyville residential neighborhoods.
Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville,
designates the subject property for commercial development. The requested SUP does
not conflict with the comprehensive plan.
Public Notification: Staff mailed notices to all property owners within 500 feet as well
as any Homeowners Associations within 500 feet of the subject property regarding this
request. Keller ISD, where the subject property is located, was notified per State law.
Notice was published in the Fort Worth Star-Telegram as required by State law and the
Land Development Code. To date, no correspondence has been received.
Staff Recommendation: Staff recommends approval of the Special Use Permit (SUP)
to authorize a Package Store at 8070 Precinct Line Road in the Fossil Creek Spirits
location. The proposed business is consistent with the previous uses on the subject
property and should not adversely impact surrounding uses.
Planning and Zoning Commission Agenda Briefing 3b
City of Colleyville Page 3
Recommendation
Approve
Attachments
1.Aerial Map
2.Zoning Map
3.Future Land Use Map
4.Site Plan Exhibit
5.Notification Map
6.Notification List
7.Property Owner Notification Letter
8.Draft Ordinance
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1013
8090 8086
8074
Aerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-016 K
Subject Property
8070 Precinct Line Road
LAVACA TRA IL
E M M A S
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C R E S C E N T
L A N E
C I M M A R O N
T R A I L
PU D-R
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PU D-C
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PU D-C
PU D-C
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8070
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6204
6112
6212
6100
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6216
6218
6108
6208
6200
8092
8096
8098
8180
8100
1101
8190
8078
1013
8090 8086
8074
Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-016 K
Subject Property
8070 Precinct Line Road
LAVACA TRAIL
E M M A S
C
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PR
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STERLING D R I V E
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T R A I L
6220
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6209
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8070
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8080
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5913
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62176216 6208
6232
5920
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6233
6028
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5800
6228
8050
6212
5928
5802
8060
5935
5931
6204
6112
6212
6100
6104
6216
6218
6108
6208
6200
8092
8096
8098
8180
8100
1101
8190
8078
1013
8090 8086
8074
Future Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-016 KSubject Property
Sales Tax Preferred Intersection
Residential
Commercial
Open Space; Parks
8070 Precinct Line Road
Si
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PR
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CHANTAL LANE
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8070
5902
6000
5918
6032
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5909 5911
6200
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6204
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59155914
5832
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5843
6200
5908
5912 5910
5917
5927
6208
5900
8080
5847
6204
5900
5913
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6205
5906
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5840 5845
5903
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6028
5837
8000
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8050
5928
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8060
5935
5836
5901
60005931
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6213
6101
6204
5901
6215
6112
6205
5900
6212
5908
5912
5917
6100
5812
6104
5913
5904
6216
6218
5909
6201
6108
5808
6208
6113
6200
5813
6109
6105
6209
8092 8098 8100
1101
8078
1013
8090
6112
812
6200
6116
6104
6108
913
6100
8086
8074
Notification Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-016 K
Subject Property
500ft Buffer
Properties within 500ft
8070 Precinct Line Road
Owner Name Owner Address Owner City Owner Zip Situs Address
TOV VENTURE LTD 16950 DALLAS PKWY STE 120 DALLAS, TX 75248 8070 PRECINCT LINE RD
SL2 SALON SUITES LLC 7600 QUARTERING NORTH RICHLAND HILLS, TX 76182 8080 PRECINCT LINE RD
JONES, JERRELL W 11111 ABBEYWOOD OKLAHOMA CITY, OK 73170 8050 PRECINCT LINE RD
WILLIAM D SOUDER INVESTMENTS 2729 CRYSTAL RIDGE CIR HURST, TX 76054 8060 PRECINCT LINE RD
STANLEY, LARRY J EST 1101 LAVACA TR COLLEYVILLE, TX 76034 1101 LAVACA TR
RAVENWOOD DEVELOPMENT LLC 131 QUEST CT KELLER, TX 76248 8078 PRECINCT LINE RD
FEGAN, DENNIS J 1303 BELLEFONTE LN COLLEYVILLE, TX 76034 1013 LAVACA TR
LINLES PROPERTIES LTD 2601 HIGHLAND MEADOW DR COLLEYVILLE, TX 76034 8090 PRECINCT LINE RD
RAVENWOOD DEVELOPMENT LLC 131 QUEST CT KELLER, TX 76248 8086 PRECINCT LINE RD
RAVENWOOD DEVELOPMENT LLC 131 QUEST CT KELLER, TX 76248 8074 PRECINCT LINE RD
EMERALD PARK ADDITION -COLLEY 5837 CRESCENT COLLEYVILLE, TX 76034 COURTESY NOTICE
BRAHMBHATT, PAYAL 957 PARK RIDGE DRIVE ALLEN, TX 75013 APPLICANT
KELLER ISD 350 KELLER PKWY KELLER, TX 76248 STATE REQUIRED
Public hearing notices were mailed on Friday, May 25, 2018 by Araceli Botello
Notification List
NOTICE OF PUBLIC HEARING
Zoning Case Number: ZC18-016 Applicant: Payal Brahmbhatt Owner: Tov Venture, Ltd Location: 8070 Precinct Line Road Property Description: Lot 3, Block 2, of the Lavaca Trail Addition Present Zoning: CC-2 Shopping Center District
Request: Consideration of a Special Use Permit for Package Store and Alcoholic
Beverage Sales – Off-Premises Consumption. The purpose is to allow for the
continued sale of alcohol at the Fossil Creek Liquor store. The SUP request is
due to a change of ownership.
The City of Colleyville has scheduled public hearings concerning the above referenced request on the following
dates and location:
Planning and Zoning Commission Meeting: Monday, June 11, 2018 at 7:00 p.m.
City Council Meetings: Tuesday, July 2, 2018 & Tuesday, July 17, 2018 at 7:30 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears
on the last approved tax roll and all homeowners associations within 500 feet. Approval by the Planning and Zoning
Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the
proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the
date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda
as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for
approval by the City Council may be more restrictive than those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change
request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit
written comments prior to the public hearing, to the address below:
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
If the property owners of 20% or more of the land within a 200 foot notification area file a written protest prior to the
public hearing, State law provides that the approval of the zoning change request shall require the approval of a
super majority vote by City Council.
The application is on file for public examination in the Community Development Department at 100 Main Street,
Colleyville, Texas. A brief project description can be found online on the Active Development Case map:
https://www.colleyville.com/zoning.html. For additional information, please contact the Community Development
Department at 817.503.1052. Please reference the zoning case number when requesting information.
Ben Bryner
Community Development Director
bbryner@colleyville.com
ORDINANCE O-18-xxxx
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP BY CHANGING THE ZONING ON LOT 3, BLOCK 2 OF THE LAVACA
TRAIL ADDITION, LOCATED AT 8070 PRECINCT LINE ROAD, BY
AUTHORIZING A SPECIAL USE PERMIT FOR PACKAGE STORE AND
ALCOHOLIC BEVERAGE SALES – OFF-PREMISES CONSUMPTION;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City of Colleyville has received an application for on-premise
consumption of alcohol under Case No. ZC18-016; 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.
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 Lot 3, Block 2 of the Lavaca Trail Addition,
located at 8070 Precinct Line Road, by authorizing a Special Use
Permit for Package Store and Alcoholic Beverage Sales – Off-
Premises Consumption, as depicted on Exhibit “A” and Exhibit “B”.
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.The Special Use Permit shall only apply to use of a package
store and the sale of alcoholic beverages for off-premises
consumption.
b.The name of the business authorized for on-premise
consumption alcohol sales by this Special Use Permit shall be
called “Fossil Creek Spirits”.
c.The 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.
d.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 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 2nd day of July
2018.
The second reading and public hearing being conducted on the 17th day of July
2018.
PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___
ABSTENTIONS ON THIS THE 17TH DAY OF JULY 2018.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____
Place 1, Tammy Nakamura Place 5, Chuck Kelley ____
Place 3, Kathy Wheat Place 6, Callie Rigney ____
Place 4, George Dodson
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Whitt Wyatt
City Attorney
Exhibit “A” – Zoning Map
Exhibit “B” – Aerial Map
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3c Agenda Date 06/11/2018 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Consideration of an amendment to the PUD-C Planned Unit Development-Commercial
zoning district to allow for maximum square footage for a restaurant on Lot 1RA2,
Block 1, of the Tropicana Fuels Addition, located at 7101 Colleyville Boulevard, Case
ZC18-017
Explanation
Bradley Mayhall, the applicant, has submitted a request for an Amendment to the PUD-
C (Planned Unit Development – Commercial) ordinance in order to allow for an
increase to the maximum square footage allowed for a restaurant from 1,500 square
feet to 2,400 square feet. The current use of the property is a package store called
“Bear Creek Spirits & Wine”. The proposed amendment is for a Domino’s restaurant.
Existing Conditions/Background. The subject property is zoned PUD-C and
generally located on the east side of Colleyville Boulevard, across from the John
McCain Road intersection. The subject property is a platted lot and is the location of
“Bear Creek Spirits & Wine”. This site has operated as a Package Store since 2010
under ordinance O-10-1769.
Proposed PUD-C Amendment. With the approval of the package store, the PUD-C
ordinance allowed for other uses to include ‘restaurant and catering’ use. This use was
limited to 1,500 square feet. The applicant is proposing to locate a Domino’s restaurant
which will utilize approximately 2,400 square feet of the main building. All other
elements of the existing PUD-C ordinance will remain in effect.
Analysis. The requested PUD-C amendment is consistent with the previously approved
zoning on the subject property and the use is permitted by the zoning. The applicant
proposes to operate a restaurant business as allowed at this location. The request is
to increase the allowed square footage for the use from 1,500 square feet to 2,400
square feet. Approval of the amendment should not adversely impact surrounding uses
or the character of the neighborhood.
Surrounding Properties. The surrounding properties are primarily developed as
retail and residential uses. The property to the west across Colleyville Boulevard is
zoned CC-2 Shopping Center and is undeveloped. The property to the south along
SH26 is zoned CC-1 Village Retail and PUD-C Planned Unit Development – Commercial
and is undeveloped. The property to the north along Colleyville Boulevard is zoned ML
Planning and Zoning Commission Agenda Briefing 3c
City of Colleyville Page 2
Light Manufacturing and is currently developed as a dry cleaner. The property to the
east is zoned PUD-C Planned Unit Development – Commercial and is developed single-
family residential.
Comprehensive Plan. The City’s comprehensive plan, Destination Colleyville,
designates the subject property for commercial development as part of the Colleyville
Boulevard commercial corridor. The use of the property as a package store with
restaurant use complies with the plan.
Public Notification. Staff mailed notices to all property owners within 200 feet as
well as any Homeowners Associations within 500 feet of the subject property regarding
this request. Grapevine-Colleyville ISD, where the subject property is located, was
notified per State law. Notice was published in the Fort Worth Star-Telegram as
required by State law and the Land Development Code. To date, no correspondence
has been received.
Staff Recommendation. Staff recommends approval of the PUD-C amendment to
authorize an increase in square footage allowed for restaurant use at 7101 Colleyville
Boulevard in the Bear Creek Spirits & Wine location. The proposed Domino’s business
is consistent with the allowed uses on the subject property and should not adversely
impact surrounding uses.
Recommendation
Approve
Attachments
1.Aerial Map
2.Zoning Map
3.Future Land Use Map
4.Statement of Planning Objectives
5.Site Plan
6.Building Exhibits
7.Existing PUD-C Ordinance O-10-1769
8.Notification Map
9.Notification List
10.Property Owner Notification Letter
11.Draft Ordinance O-18-XXXX
S T I L L P O I N T L A N E
D A N I E L L E D R I V E
JOHN MCCAIN ROAD
C O L L E Y V I L L E B O U L E V A R D
7000
7009
22082204
2306
7109
2302
7001
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2213
2201
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7171
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7101
7111
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7015
7137
7137
7135
7131
7135
7201
6950
2050
7100
6916
Aerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-017 K
Subject Property
7101 Colleyville Boulevard
S T I L L P O I N T L A N E
D A N I E L L E D R I V E
JOHN MCCAIN ROAD
C O L L E Y V I L L E B O U L E V A R D
CC-2
PU D-R
ML
CC-1
PU D-C
PU D-C
PU D-C
PU D-R
AG
PU D-C
7000
7009
22082204
2306
7109
2302
7001
2303
2213
2201
7131
6918
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2301
2209
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7204 7398
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7208
2304
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7131
7131
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7171
7200
7101
7111
2200
7015
7137
7137
7135
7131
7135
7201
6950
2050
7100
6916
Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-017 K
Subject Prop erty
7101 Colleyville Boulevard
STILL POINT LANE
DANIELLE DRIVE
JO
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7009
22082204
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2303
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7131
6918
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2209
7004
7204 7398
7207
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2212
2300
2205
7208
2304
6914
6930
7204
7131
7131
7200
2217
7203
7171
7200
7101
7111
2200
7015
7137
7137
7135
7131
7135
7201
6950
2050
7100
6916
Future Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-017 KSubject Property
Sales Tax Preferred Intersection
Residential
Colleyville Blvd Corridor
Open Space; Parks
7101 Colleyville Boulevard
Statement of Planning Objective and Business Description
Suite A of 7101 Colleyville Blvd. at John McCain Rd. consisting of 2,310 square feet
will become the newest Domino’s location for Mark of Excellence Pizza Co., the
operating franchise of Domino’s in the Tarrant county area, by December 15, 2018
pending application and permit approvals. Amendment of the current PUD-C for
allowable maximum square footage for a restaurant from 1,500 square feet to 2,400
square feet at this location would allow Domino’s to relocate from Ira E. Woods and
Pool Rd. in Grapevine and continue to serve Colleyville, S. Southlake and SW
Grapevine areas. In its current location the store generated $73,654.31 in sales tax
and $2,593.18 in Ad Valorem taxes in 2017. The relocation of the store from
Grapevine to Colleyville is expected to generate an estimated 20% increase in YTD
sales, from $956,509.22 to $1,147,811.06.
The Colleyville Blvd. and John McCain Rd. intersection provides for a safe and easy
property ingress and egress with a turn signal from the intersection. The addition of
Domino’s to the property will include an estimated increase of 50 customers per day
to the location with an additional estimated 65 customers per day opting for
delivery from this location, this is in addition to the estimated 330 customers a day
visiting the package store, Bear Creek Wine and Spirits, with $27.50 average ring up
during the 363 days per year the store is open.
The hours of operation as mandated by Domino’s will be 10:30am to 12am Sunday
thru Thursday and 10:30am to 1am Friday and Saturday. The store will be closed on
Thanksgiving and Christmas days each year. This location will employ as many as 20
employees with at least 3 on staff at all times.
Construction of this location will start September 15, 2018 pending permit approval
and be completed and open for business by December 15, 2018. Construction of
suite A will include closing in the demising wall between Suite A and the warehouse
portion of Suite B and the addition of double aluminum and glass store front doors
that match the existing store front windows already put in place by the property
owner. Nationally branded Domino’s signage will be added to the exterior walls of
the building and interior improvements, an additional restroom and expansion of
the current restroom to meet ADA regulations, a lobby with seating for 22
customers, new pizza ovens and food storage equipment, including a walk in cooler
and separate dry storage and clean up areas. The existing 810 square foot catering
kitchen will be removed, the square footage, with the other 1,500 square feet of
Statement of Planning Objectives
Suite A to allow for production, preparation, storage and support areas for the
operation of a Domino’s store. A burglar alarm, fire suppression system over the
pizza ovens and security cameras paced through out the suite will be added as well.
The pergola located at the front of the building will be closed in with a decorative
fence or large platters to separate the parking lot and sidewalks and include outdoor
furniture for Domino’s customers utilize while visiting the location. The relocation
of the dumpster bay to the southeast corner of the property will allow for the
necessary gain of additional parking spaces required for operation of a 2,310 square
foot restaurant, bringing the total number of parking spaces to 59 with re-striping.
When complete, a 2,310 square foot suite will be a Domino’s, show casing a new and
updated concept with ties to the Colleyville community, not just another chain
restaurant.
Statement of Planning Objectives
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ORDINANCE 0-10-1769
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1R2, BLOCK 1, OF
THE TROPICANA FUELS ADDITION LOCATED AT 7101 COLLEYVILLE
BOULEVARD FROM THE ML-LIGHT MANUFACTURING ZONING DISTRICT TO A
PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT AND
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. ZC10-020; 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
Ordinance 0-10-1769
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 the official
zoning map by changing the zoning from the ML-Light Manufacturing
zoning district to aPUDC-Planned Unit Development Commercial zoning
district and authorizing a Special Use Permit for a package store on Lot
1 R2, Block 1, of the Tropicana Fuels Addition located at 7101 Colleyville
Boulevard, as depicted on Exhibits "A" and "C" and described in Exhibit "B".
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. The purpose of this PUDC is for retail uses as specified below.
b. A Special Use Permit is hereby granted for a package store as depicted
on Exhibit "A" and described in Exhibit "B" and depicted on Exhibit "C".
c. In addition to the package store use allowed by Special Use Permit, the
following secondary uses shall be permitted as described below:
Restaurant and catering:
Wholesale warehousing and
distribution of liquor:
Office/Customer education and
training facility:
1,500 square foot maximum
1,328 square foot maximum
1,500 square foot maximum
d. The package store and secondary uses authorized by this PUD and
Special Use Permit shall not exceed a combined gross floor area of
9,010 square feet.
Ordinance 0-10-1769
Page 3 of 4
2. OPEN SPACE AND LANDSCAPING
a. This development shall contain a minimum of 21% of open space.
b. All landscaping and buffering shall meet the minimum requirements of
Chapter 4-Landscaping and Buffering in the Land Development Code.
3. SIGNAGE
a. All signs advertising the package store shall meet the following
conditions: (1) all signage, at a minimum, shall meet the minimum
requirements of Chapter 7-Sign Regulations in the Land Development
Code; (2) 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; (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 thirty days of
abandonment.
b. Any drive-through windows associated with this development are
hereby prohibited.
4. GENERAL DEVELOPMENT REQUIREMENTS
a. The package store authorized by this Special Use Permit shall be
required to comply with all provisions of the attached Exhibits "B", "C",
and "E".
b. The building design for the principle structures shall be generally
consistent with elevations shown on the attached Exhibit "D".
c. 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.
d. 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.
Ordinance 0-10-1769
Page 4 of 4
Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional, the same shall not
affect the validity of this ordinance as a whole or any portion thereof other
than that portion so decided to be invalid or unconstitutional.
Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
Sec. 8. THAT it has been found that there has been a change in conditions in the
above described property, it is now necessary that it be given the above
zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare, and requires that
this ordinance shall take effect immediately from and after its passage.
AND IT IS SO ORDERED.
s~
The first readin and public hearing being conducted on the ~ day of
2010.
Th econd eadin and public hearing
2010.
being conducted on the ~~ "~ day of
ATTEST•
y~~~ •
nthia Singleton, TRMC, CMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
CITY OF COLLEYVILLE
David Kelly
Mayor
Exhibit "A" -Location and Zoning Map
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Exhibit "B" -Statement of Planning Objectives
Statement of Planning ClbjectYVes and Brxsiness Description
The property anct main building located at 710!1 C'ollezl-ille Boulet^ard at John McCain avi}I
become a wine and spirits store by I:>ecenilaer 17_ '010 pending, apglaration and pernrait
apgro3,als. Bear Creek Spirits ~ Wine u711 sergrice eon.~umers tiom the i['est side of Golleys~ille
anil. putl from Grage~irre; Sauttrlal-e and the surroundingarea- `Ills business wi11 gesrerate an
estimated S_~ t';,500 in sales taxes and S6,O+ti2 rr Ad ti'stor~i taxes anal. $35,004 in property taffies
during the foot twet4-e month:>.
The intersecucm pro~ndes for safe and easy property u~gxess and egress with a turn signal from the
intersection of Coliey~ille I3ltizl cSi: Jdhn i4lct aia A c~ehenstia traf~€e sn>dy uwill be ~rn~ided
in order tts bet6er determine the trafl"ic impact. The hairiness plan includes an estimated 330
custanaers per day and a $3-~ .l5 a~,erage ring nap during the 310 days peer year the store is open.
Tire bolo s t5f operation as mandated by the state mill be: IOam to 9pm 34ionday through Satsucia}~.
The store w~il2 be closed on all 5aanda~~s, Thanksgiving. Christmas and I'3ew Years day or the
following 4ionday if these }wlida r ~ fall on a Sauaday. The stare sE711 employ as many as ser~rr
people ra~-ith three. on stafl'at all trxnes_
Phase. I conshlrcticm will start 47ctober ~5. `?010 pending permits and cemnpteted by I3eceuaber 1 i.
2010. This will inclaule ecmxbrning btuldine 4 and building B as shown on the #Ioor plan by
adding a new 7$2sf addition bets{een the Lnutalings. hill ertteaar intpratresnents wilt tae ccmaplet~ed
in phase I w3rich iarhade the er~closur-e of tlae front. car wash bay door, adding a beer and wine
cc~aier to the bade of the main building, demc~htion ofthe gas axwrag, zeun~al of all.
ester for car wash. ec}uipn~rsrt; ad~ng stone on the nerx addition and front of building $ to match
building ~, adding as awning. o~~r t~ nexzr door and v4r~ind;xs, a new patio with a wood arbor ~ffi
front c+f the new addition between floe t~uldiaagsl and new parking lot stripes with a izai:mmnn of
50 spaces prosided. "'~'lteri phase I is completed. the exterior butdir~ will be as shown irrthe
r~etiiced elevation dra u~iu2. Phase I will also include the interior build out. of tlae main building
with a temperance c ontrolTed wine cellar; a caastona built tA~aod wine coe=e, tasting bar and a neu~
cash regster cc~turter tcitlx a drop safe. ~ new security system with. ~?~ hour digrtal sun~eillar~e
cameras strategically placed throe{ghoul the interior a~i e:cterien- btxildine v~ill be aalcied One rstaIl.
sign placed an the front of building B and a mc~latw)ent sagn 1i it l be erected near the property
entrance. Gt'hen complete. phase I w=ill proside ~t,32_5sf of retail space.
Phase II of tine build out ~ is schedaaled to begin. mil 1.201 l p~endiaag liclaaidation of the car
wash eclaaipuUerat and. comp}et ed by July 30, 2011. Interior finish out will begin. rootlet if the car
wash. erluipwent is sold prior t ~ ,~1~-il `?011. Plans inchtde Uuildiuv out the intenicsr space between
thae two buildings and the interior of the car wash bay wtach will incltxle 1,328sf of storage,
I,557sf ofnev: retail space and 1,500sf of office and aneducataon ccmfe:rnce room
The dined ware fraata~ rrrhen U~~th phase I sod II are completed wilt be 9,;010 of which.
G,132sf will be retail space„ 1,323s~` of storage and 1,504sf for otJ'ice and the education
cclnfetence room. N~ imrnedi,~rte plans ar-e in place for a restaurasrt. Future glans may inchxte
cornerting the 1.50tOsf office space into a food concelrt that eontplins the wires & spirits s#are
such as homey glazed hams„ sruokecl harks} ~ and. deli with part};platters and appetizers_ A sEarall
I,D rt-holes.ate btxsiraess for ser~iring local restaurants aa~ bars wi}l be operated ant of the store.
Some inventory wilt be stoned. in the 1. ;?8sf back. room w~aich wilt be tared ~ replenish the retail
store and searice the an premise accrnants. I7!eliveres wilt be made Dart of the back of a Tahoe
with a caatage penult. The bcasarrtess araapy purchase a man far futatre de}ivenies. The operation wilt
not require f~'nkifis. Igo s-ta:iilet trn+cks will be allcs+ared iutltebaekoftl~ sty.
Exhibit "C" -Landscape and Site Plan
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Exhibit "D" -Building Elevations
Exhibit "E"
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 markers
A convenience/package store shall have height markers 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.
6) 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.
C A S P I A N L A N E
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S T I L L P O I N T L A N ECOLLEYVILLEBOULEVARD
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Notification Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-017 K
Subject Property
200ft Buffer
Properties within 200ft
7101 Colleyville Boulevard
Owner Name Owner Address Owner City Owner_Zip Situs Address
JARWAN, ESAM 2208 DANIELLE DR COLLEYVILLE, TX 76034 2208 DANIELLE DR
KUHN, ALYCE 2204 DANIELLE DR COLLEYVILLE, TX 76034 2204 DANIELLE DR
CUSTOMER SOLUTIONS INC 906 LAGUNA TR KELLER, TX 76248 7109 COLLEYVILLE BLVD # B
THOMAS-AISTRUP, PATRICIA 2201 DANIELLE DR COLLEYVILLE, TX 76034 2201 DANIELLE DR
HALE EQUITY LLC 7131 COLLEYVILLE BLVD STE 101 COLLEYVILLE, TX 76034 7131 COLLEYVILLE BLVD UNIT 101
CASTRO, CHRIS 2205 DANIELLE DR COLLEYVILLE, TX 76034 2205 DANIELLE DR
PECAN CREEK VILLAGE CNTR PRTN 8231 E PRENTICE AVE GREENWOOD VILLAGE, CO 80111 6930 COLLEYVILLE BLVD
QUANTUM BEVERAGE HOLDINGS LLC 7401 BRAEMAR TERR COLLEYVILLE, TX 76034 7101 COLLEYVILLE BLVD
UNIQUE LANDSCAPING DESIGN 7111 COLLYVILLE BLVD COLLEYVILLE, TX 76034 7111 COLLEYVILLE BLVD
SOLORZANO, KEONA 2200 DANIELLE DR COLLEYVILLE, TX 76034 2200 DANIELLE DR
GARDENS COMM PARTNERS LTD 101 NW NEWTON DR BURLESON, TX 76028 7015 COLLEYVILLE BLVD
COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 6950 COLLEYVILLE BLVD
COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 7100 COLLEYVILLE BLVD
TIMARRON-CASCADES AT TIMARRON 700 WENTWOOD DRIVE SOUTHLAKE, TX 76092 COURTESY NOTICE
MAYHALL, BRADLEY 1808 HARWOOD COURT HURST, TX 76054 APPLICANT
GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOOD AVE GRAPEVINE, TX 76051 STATE REQUIRED
Public hearing notices were mailed on Friday, May 25, 2018 by Araceli Botello
Notification List
NOTICE OF PUBLIC HEARING
Zoning Case Number: ZC18-017 Applicant: Bradley Mayhall Owner: Randy Johnson Location: 7101 Colleyville Boulevard Property Description: Lot 1RA2, Block 1, of the Tropicana Fuels Addition Present Zoning: PUD-C Planned Unit Development Commercial
Request: Consideration of a request to amend the PUD-C Planned Unit Development
Commercial zoning district for Lot 1RA2, Block 1, of the Tropicana Fuels
Addition. The purpose is to allow for an increase in the square footage allowed
for a restaurant, the restaurant being Domino’s. The proposed amendment will
increase the square footage from 1,500 square feet to 2,400 square feet.
The City of Colleyville has scheduled public hearings concerning the above referenced request on the following
dates and location:
Planning and Zoning Commission Meeting: Monday, May 14, 2018 at 7:00 p.m.
City Council Meetings: Tuesday, June 5, 2018 & Tuesday, June 19, 2018 at 7:30 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
This notice has been sent to all owners of real property within 200 feet of the request as such ownership appears
on the last approved tax roll and all homeowners associations within 500 feet. Approval by the Planning and Zoning
Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the
proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the
date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda
as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for
approval by the City Council may be more restrictive than those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change
request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit
written comments prior to the public hearing, to the address below:
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to
the public hearing, State law provides that the approval of the zoning change request shall require the approval of a
super majority vote by City Council.
The application is on file for public examination in the Community Development Department at 100 Main Street,
Colleyville, Texas. A brief project description can be found online on the Active Development Case map:
https://www.colleyville.com/zoning.html. For additional information, please contact the Community Development
Department at 817.503.1056. Please reference the zoning case number when requesting information.
Ben Bryner
Community Development Director
bbryner@colleyville.com
ORDINANCE O-18-XXXX
AMENDING ORDINANCE O-10-1769 CONDITIONS; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE
WHEREAS,the City Council approved Ordinance O-10-1769 on September
21, 2010, to establish the zoning to allow for a Package Store
use and secondary uses to include restaurant and catering,
wholesale warehousing and distribution of liquor, and
office/customer education and training for Lot 1R2, Block 1, of
the Tropicana Fuels Addition located at 7101 Colleyville
Boulevard; and
WHEREAS,the City of Colleyville has received a request for an amendment
to Ordinance O-10-1769, under Case Z-18-017; 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; and 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.
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.
Sec. 3.
THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning on Lot 1R2, Block 1, of the Tropicana Fuels
Addition, located at 7101 Colleyville Boulevard, from the PUD-C
Planned Unit Development-Commercial Zoning District to the PUD-
C Planned Unit Development-Commercial Zoning District, as
depicted in the attached Exhibit “A”.
THAT the above described tract of land shall be subject to the
following conditions:
1. General
a.The following amendments to Ordinance O-10-1769 are
hereby authorized:
i.Section 4.1.c of Ordinance O-10-1769 is hereby
amended to revise the square footage maximum for the
Restaurant and Catering use from 1,500 square feet to
2,400 square feet.
ii.Ordinance O-10-1769 herby remains valid and all
provisions of Ordinance O-10-1769 shall remain in full
force and effect except where amended herein.
Sec. 4.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. 5.THAT any person, firm or corporation violating any of the provisions
or terms of this ordinance shall be subject to the same penalty as
provided for in the Comprehensive Zoning Ordinance of the City of
Colleyville, and upon conviction shall be punishable by a fine not to
exceed the sum of Two Thousand Dollars ($2,000.00) for each
offense.
Sec. 6.THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion
so decided to be invalid or unconstitutional.
Sec. 7.THAT in addition to and accumulative of all other penalties, the City
shall have the right to seek injunctive relief for any and all violations
of this ordinance.
Sec. 8.THAT it has been found that there has been a change in conditions
in the above described property, it is now necessary that it be given
the above zoning classification in order to permit its proper
development and in order to protect the public interest, comfort
and general welfare, and requires that this ordinance shall take
effect immediately from and after its passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 2nd day of July
2018.
The second reading and public hearing being conducted on the 17th day of July
2018.
PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___
ABSTENTIONS ON THIS THE 17TH DAY OF JULY 2018.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____
Place 1, Tammy Nakamura Place 5, Chuck Kelley ____
Place 3, Kathy Wheat Place 6, Callie Rigney ____
Place 4, George Dodson
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
Assistant City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Whitt L. Wyatt
City Attorney
Exhibit “A”- Zoning Map
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3d Agenda Date 06/11/2018 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Consideration of a Final Plat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase
II, located at 105 & 103 John McCain Road and 7189 Cast Iron Forest Trail, Case
PC17-004,TABLED FROM THE MAY 14, 2018 MEETING
Explanation
Update: This item was Tabled to the June 11, 2018 Commission meeting. The
applicant was in discussions with the adjacent property owners regarding the needed
easement.
Item Summary: Kevin Kessler, the applicant, requests approval of a Final Plat for
Lots 1, 2, and 3X, Block 1, Old Grove Addition on approximately 2.20 acres, located at
105 & 103 John McCain Road and 7189 Cast Iron Forest Trail. The applicant proposes
to combine and redevelop 2 lots, an old right-of-way area, and an open space lot into
2 single-family residential lots and an open space lot. The old right-of-way area will be
abandoned as part of the plat.
Existing Conditions/Background: The subject property is currently zoned PUD-R
Planned Unit Development – Residential district and is a combination of Lots 1 & 2,
Block 1, Neidholt Addition, and old right-of-way area, and Lot 2X, Block E, Old Grove
Addition. The property is generally located east of Cast Iron Forest Trail and southwest
of John McCain Road as it turns north. The property is currently undeveloped. The plat
up for consideration proposes to combine and redevelop the property for future
residential development on 2 lots and an open space lot.
Lot Dimensions and Setbacks:
Per Ordinances O-04-1475, Lot Requirements and Setbacks, the PUD zoning
regulations require the following standards:
Minimum Lot Area: 13,000 square feet
Average Lot Area: 16,000 square feet
Minimum Lot Width: 90 feet
Minimum Lot Depth: 120 feet
Minimum Front Yard Setback: 25 feet
Minimum Side Yard Setbacks: 10 feet
Minimum Rear Yard Setback: 25 feet
Planning and Zoning Commission Agenda Briefing 3d
City of Colleyville Page 2
As submitted, the proposed plat meets all of the requirements of the PUD-R zoning and
the Land Development Code.
Surrounding Development: The properties to the north, south, and west are zoned
PUD-R Planned Unit Development – Residential district and primarily developed with
single family homes. The property to the east is zoned R-30 Single Family Residential
district and developed with a single family home. There is a large retention/detention
pond adjacent to the south.
Analysis: The property is located at the northeast side of the Old Grove neighborhood.
The PUD-R zoning approved in 2004 originally planned for 4 lots. The proposal has
reduced the lot number to 2 lots for single-family residential development.
The proposed Final Plat also includes a small open space lot adjacent to an existing
Emergency Access Easement and drive lane.
Finally, an old right-of-way area is currently unused with no improvements existing.
The approval of the Final Plat will include the abandonment of the right-of-way and the
area incorporated into the lot area of the proposed area of Lot 1.
Fees: Park Land Dedication fees are required in the amount of $1,802 per residential
lot. Park Land Dedication fees are due prior to filing the plat for record. Impact Fees
are also required per Chapter 13 (Impact Fees) of the Land Development Code and are
due prior to the issuance of a Building Permit.
Tree Preservation: Any subdivision of the subject property must comply with
Chapter 5 (Tree Preservation) of the Land Development Code. Where any tree is slated
for removal, no site grading, dirt disturbance or new construction may occur on the
property until a Tree Removal Permit has been issued that is associated with an
approved Tree Preservation Plan.
In addition to the requirements for submittal of a Tree Removal Permit and Tree
Preservation Plan, future development on the site must maintain the minimum existing
protected tree canopy coverage as required in Chapter 5.
Public Notification: Staff mailed notices to all property owners within 200 feet of the
subject property on Friday, March 23, 2018. Notice was published in the Fort Worth
Star-Telegram as required by State law and the Land Development Code on Saturday,
March 24, 2018. To date, no correspondence has been received for this item.
Staff Recommendation: The proposed Final Plat meets the requirements of the Land
Development Code, staff recommends approval.
Recommendation
Planning and Zoning Commission Agenda Briefing 3d
City of Colleyville Page 3
Approve
Attachments
1.Request to Table
2.Aerial Map
3.Zoning Map
4.Future Land Use Map
5.Plat Exhibit
6.O-04-1475
7.Notification Map
8.Notification List
9.Property Owner Notification Letter
10.Draft Resolution
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NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any
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Request to Table
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Aerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
PC17-004 K
Subject Property
105 & 103 John McCain Rd and 7189 Cast Iron Forest Trl
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Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
PC17-004 K
Subject Property
105 & 103 John McCain Rd and 7189 Cast Iron Forest Trl
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Future Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
PC17-004 K
Subject Property
105 & 103 John McCain Rd and 7189 Cast Iron Forest Trl
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Notification Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
PC17-004 K
Subject Property
200ft Buffer
Properties within 200ft
105 & 103 John McCain Rd and 7189 Cast Iron Forest Trl
Owner Name Owner Address Owner City Owner Zip Situs Address
JOHNSON, MARK 203 COLDEN CT COLLEYVILLE, TX 76034 203 COLDEN CT
BATTLES, BRANDON 101 JOHN MCCAIN RD COLLEYVILLE, TX 76034 101 JOHN MCCAIN RD
TOLL DALLAS TX LLC 250 GIBRALTAR RD HORSHAM, PA 19044 105 STILLWATER CIR
ALLEN, LEROY 101 STILLLWATER CIR COLLEYVILLE, TX 76034 101 STILLWATER CIR
TOLL DALLAS TX LLC 250 GIBRALTAR RD HORSHAM, PA 19044 105 JOHN MCCAIN RD
FREIG, JOSE 104 HAWKS RIDGE TRL COLLEYVILLE, TX 76034 104 HAWKS RIDGE TR
BOLTON, JONATHON 202 COLDEN CT COLLEYVILLE, TX 76034 202 COLDEN CT
HA, THANH THUC 100 HAWKS RIDGE TR COLLEYVILLE, TX 76034 100 HAWKS RIDGE TR
LAW, JAMES 109 STILLWATER CIR COLLEYVILLE, TX 76034 109 STILLWATER CIR
RAU, SUSAN 7105 CAST IRON FOREST TRL COLLEYVILLE, TX 76034 7105 CAST IRON FOREST TR
TOLL DALLAS TX LLC 250 GIBRALTAR RD HORSHAM, PA 19044 103 JOHN MCCAIN RD
ALLEN, CARL E 200 COMPTON CT COLLEYVILLE, TX 76034 200 COMPTON CT
KELLY, JOHN 105 WATERFALL CT COLLEYVILLE, TX 76034 105 WATERFALL CT
CLARK, EDWARD D 104 WATERFALL CT COLLEYVILLE, TX 76034 104 WATERFALL CT
TOLL DALLAS TX LLC 250 GIBRALTAR RD HORSHAM, PA 19044 7189 CAST IRON FOREST TR
HIGHTOWER, ROXANNE S 104 JOHN MCCAIN RD COLLEYVILLE, TX 76034 104 JOHN MCCAIN RD
ETTA, ANITA B 101 WATERFALL CT COLLEYVILLE, TX 76034 101 WATERFALL CT
OLD GROVE MAINTENENCE ASSN 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 6901 CAST IRON FOREST TR
RIACH, STEVEN E 7109 JOHN MCCAIN RD COLLEYVILLE, TX 76034 7109 JOHN MCCAIN RD
DAWSON, WESLEY 406 PECAN DR IRVING, TX 75061 7215 JOHN MCCAIN RD
WESTMAN, GARY A 2812 COTSWOLD CT KELLER, TX 76248 100 WATERFALL CT
OLD GROVE MAINTENENCE ASSN 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 317 OLD GROVE RD
OLD GROVE ADDITION P.O. Box 1481 COLLEYVILLE, TX 76034 COURTESY NOTICE
WESTMONT ADDITION 5751 KROGER DRIVE KELLER, TX 76244 COURTESY NOTICE
KELLER ISD 350 KELLER PARKWAY KELLER, TX 76248 STATE REQUIRED
GRAPEVINE-COLLEYVILLE ISD 3051 IRA E. WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED
KESSLER, KEVIN 1999 BRYAN STREET, SUITE 1200 DALLAS, TX 75201 APPLICANT
Notification List
NOTICE OF PUBLIC HEARING
Zoning Case Number: PC17-004
Owner: Toll Dallas TX LLC
Applicant: Kevin Kessler
Location: 105 & 103 John McCain and 7189 Cast Iron Forest Trail
Property Description: Lots 1 and 2, Block 1, of the Neidholt Addition, Lot 2X, Block E, of the Old
Grove Addition, and existing dedicated Right of Way
Present Zoning: PUD-R Planned Unit Development Residential District
Request: Consideration of a Final Plat for Lots 1, 2, and 3X, Block 1, Old Grove Addition,
Phase II, located at 105 & 103 John McCain Road and 7189 Cast Iron Forest
Trail. The purpose of the plat is to combine the 3 properties into 2 Single
Family Residential lots and 1 open space lot.
The City of Colleyville has scheduled public hearings concernin g the above referenced request on the following
dates and location:
Planning and Zoning Commission Mee ting: Monday, April 9, 2018 at 7:00 p.m.
City Council Meeting: Tuesday, May 1, 2018 at 7:30 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
This notice has been sent to all owners of real pr operty within 200 feet of the request as such ownership appears
on the last approved tax roll and all homeowners associations within 500 feet. Action by the Planning and Zoning
Commission serves as a recommendation to the City Council and is not a final action on the request .
The application is on file for public examination in the Community Development Department at 100 Ma in Street,
Colleyville, Texas. A brief project description can be found onl ine on the Active Development Case map:
https://www.colleyville.com/zoning.html. For additional information, please contact the Community Develo pment
Department at 817.503.1056. Please reference the zoning case number when requesting information.
Felix Landry
Principal Planner
flandry@colleyville.com
RESOLUTION R-18-XXXX
A RESOLUTION APPROVING A FINAL PLAT FOR LOTS 1, 2, AND 3X,
BLOCK 1, OF THE OLD GROVE ADDITION, PHASE II
WHEREAS,the Planning and Zoning Commission recommended approval of
the Final Plat for Lots 1, 2, & 3X, Block 1, of the Old Grove
Addition, Phase II on April 9, 2018.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Final Plat for Lots 1, 2, & 3X, Block 1, of the Old Grove
Addition, Phase II on approximately 2.20 acres, attached as
Exhibit “A" - Plat Exhibit, is hereby approved.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS
THE 2ND DAY OF JUNE 2018.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood
Place 1, Tammy Nakamura Place 5, Nancy Coplen
Place 3, Kathy Wheat Place 6, Mike Taylor
Place 4, George Dodson
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
Assistant City Secretary Mayor
Exhibit “A” - Plat Exhibit
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3e Agenda Date 06/11/2018 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Consideration of a zoning change from the AG Agricultural zoning district to the CC-1
Village Retail zoning district and a Special Use Permit (SUP) for Cemeteries or
Mausoleums on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713
Colleyville Boulevard, Case ZC18-001, TABLED FROM THE MAY 14, 2018 MEETING
Explanation
UPDATE: The Planning & Zoning Commission tabled this item to the June 11, 2018
meeting. The Commission identified several concerns at the previous meeting that they
wanted addressed, to include:
Improvements to the ditch along the eastern boundary – maybe needs to be
cleaned out or improved
Better silt fencing or measures to control erosion
Drainage – to include information on the planned detention pond area
Working with the Broughton neighborhood to clean out the pond due to
increased erosion from the cemetery site
Indicating a distance/buffer area from the grave sites to the eastern property line
Remedy to eliminate the spoils yard
Appropriate fencing and landscaping along Hall Johnson Road
The applicant has submitted an email with clarification and proposed courses of
action regarding these issues.
Request: Michael Green, on behalf of Bluebonnet Hills Funeral Home and Cemetery,
submitted a request for a zoning change from AG Agricultural to CC-1 Village Retail
district and a request for a Special Use Permit (SUP) for ‘Cemeteries or Mausoleums’ at
5713 Colleyville Boulevard. The applicant recently began making improvements for
the expansion of the cemetery use.
Existing Zoning and Development Conditions. The eastern 25.69 acres of the
overall property is zoned AG Agricultural. The applicant is expanding the cemetery use
into the remaining undeveloped area. According to the Land Development Code, a
cemetery use requires an SUP and a commercial zoning.
Surrounding Properties. The property to the west is part of the Bluebonnet Hills
cemetery use and is zoned CC-1 Village Retail with an SUP for the cemetery use. The
adjacent property to the north is zoned CC-2 Shopping Center and is developed as the
Planning and Zoning Commission Agenda Briefing 3e
City of Colleyville Page 2
Bob Moore Sports Center. The adjacent property to the east is zoned PUD-R Planned
Unit Development-Residential and is developed as a single-family residential
subdivision.
Master Plan. The Future Land Use Map designates this property for Institutional use.
The use of the property as a cemetery or mausoleum complies with the plan with the
approval of an SUP.
Analysis. The Bluebonnet Hills Cemetery has been operation on the subject property
for some time. The recent expansion into the far eastern portion of the property has
uncovered the zoning deficiency. The approval of the zoning change and associated
SUP will allow for the expansion and operation of the cemetery use.
As part of any SUP, conditions may be imposed to ensure compatibility and harmony
with surrounding properties. This may include specific regulations pertaining to
landscaping and fencing along street frontages and/or along property lines adjacent to
residential development. A substantial tree line currently exists along the eastern
boundary.
Public Notification. Staff notified property owners within 200 feet of the subject
property regarding this request and notice was published in the Fort Worth Star-
Telegram as required by state law and the Land Development Code. Staff has received
no correspondence regarding this request to date.
Summary & Staff Recommendation. The applicant is requesting the zoning change
and associated SUP so that the expansion and operation of the cemetery use can be in
compliance with the Land Development Code. Staff recommends approval.
Recommendation
Approve
Attachments
1.Applicant's Response To Concerns
2.Aerial Map
3.Zoning Map
4.Future Land Use Map
5.Statement of Planning Objectives
6.Zoning Exhibit
7.Notification Map
8.Notification List
9.Property Owner Notification
10.Letter of Opposition
11.Draft Ordinance
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ĚƌĂŝŶĂŐĞŝƐŶŽƚƐŝůƚůĂĚĞŶ
Applicant's Response to Concerns
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tĞǁŝůůŝŶƐƚĂůůĂĚĞĐŽƌĂƚŝǀĞƚƵďƵůĂƌƐƚĞĞůĨĞŶĐĞĂůŽŶŐ,Ăůů:ŽŚŶƐŽŶĂĚũĂĐĞŶƚƚŽ
ƚŚĞŶĞǁŐĂƌĚĞŶĂƌĞĂ͘/ŶƚŚĞĨƵƚƵƌĞǁĞǁŝůůĐŽŶƐŝĚĞƌƚŚĞƌĞƉůĂĐĞŵĞŶƚŽĨƚŚĞ
ƌĞŵĂŝŶŝŶŐĞdžŝƐƚŝŶŐĨĞŶĐŝŶŐĂůŽŶŐ,Ăůů:ŽŚŶƐŽŶǁŝƚŚƚŚĞƐĂŵĞŬŝŶĚŽĨĨĞŶĐĞ͘͘
dŚĞŝŶƚĞƌŶĂůƚƵƌĨĐĞŵĞƚĞƌLJŐƌŽƵŶĚǁŝƚŚƚƌĞĞƉůĂŶƚŝŶŐǁŝůůďĞĐŽŶƐŝƐƚĞŶƚǁŝƚŚƚŚĞ
ĞdžŝƐƚŝŶŐƐĞĐƚŝŽŶƐĂůŽŶŐ,Ăůů:ŽŚŶƐŽŶ͘
tĞǁŝůůĂŐƌĞĞƚŽĂŐƌĂǀĞƐĞƚďĂĐŬŽĨϭϬĨĞĞƚĂůŽŶŐƚŚĞƉŽƌƚŝŽŶŽĨŽƵƌĞĂƐƚĞƌŶ
ƉƌŽƉĞƌƚLJůŝŶĞĚŝƌĞĐƚůLJĂĚũĂĐĞŶƚƚŽƚŚĞƌŽƵŐŚƚŽŶ,ŽŵĞƐ͘dŚĞƌĞŵĂŝŶĚĞƌŽĨƚŚĞ
ƉƌŽƉĞƌƚLJďŽƵŶĚĂƌLJǁŝůůŚĂǀĞŶŽƐĞƚďĂĐŬĐŽŶƐŝƐƚĞŶƚǁŝƚŚƚŚĞƌĞƐƚŽĨƚŚĞ
ĐĞŵĞƚĞƌLJ͘
John Halfmann
General Manager
Bluebonnet Hills Funeral Home
and Memorial Park
817.498.5894
Applicant's Response to Concerns
GA TE H O US E C T
CA M DE NCT
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Aerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-001 K
Subject Prop erty
5713 Colleyville Blvd
G A T E H O U S E CO UR T
H A LL J O H N S O N R O A D
CA M DE N G R E EN
B R O U G H T O N D R I V E
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Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-001 K
Su bject Pro perty
5713 Colleyville Blvd
H A L L J O H N S O N R O A D
G A T E H O U S E CO UR T
CA M DE N G R E EN
5608
5616
1812
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1829
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5700
1513
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5612
6113
1809
1808
Future Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-001 KSubject Property
Residential
Institutional
Colleyville Blvd Corridor
Open Space; Parks
5713 Colleyville Blvd
Statement of Planning Objectives
GA TE H O US E C T
H A L L J O H N SO N R D
MIRAMARLN
C O
V
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Y
C T
CAMDEN GRN
B R O U
G
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T O
N D
R
5608
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Notification Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC18-001 K
Subject Prop erty
200ft Buffer
Properties within 20 0ft
5713 Colleyville Blvd
Owner Name Owner Address Owner City Owner Zip Situs Address
COLLIER, CHARLIE G 5616 COVENTRY CT COLLEYVILLE, TX 76034 5616 COVENTRY CT
MITCHELL, MICHAEL 1804 ARRINGTON GREEN COLLEYVILLE, TX 76034 1804 ARRINGTON GREEN
WADE, DANIEL 1804 STRATTON GRN COLLEYVILLE, TX 76034 1804 STRATTON GREEN
TEXADA, RICKY 1801 ARRINGTON GREEN COLLEYVILLE, TX 76034 1801 ARRINGTON GREEN
BLUEBONNET HILLS CEMETARY PO BOX 367 COLLEYVILLE, TX 76034 5713 COLLEYVILLE BLVD
TERRY DAVID & PENELOPE D JOINT 1801 CAMDEN GREEN COLLEYVILLE, TX 76034 1801 CAMDEN GREEN
SULZER, STEFAN R 1804 CAMDEN GRN COLLEYVILLE, TX 76034 1804 CAMDEN GREEN
USSERY, MICHAEL J 1800 ARRINGTON GRN COLLEYVILLE, TX 76034 1800 ARRINGTON GREEN
SWAIM, SHELLY 1700 GATEHOUSE CT COLLEYVILLE, TX 76034 1700 GATEHOUSE CT
KELLEY, BRENT A 1801 STRATTON GRN COLLEYVILLE, TX 76034 1801 STRATTON GREEN
AL-SHMAISANI, ISSAM 5608 NORMANDY DR COLLEYVILLE, TX 76034 5700 NORMANDY DR
BLUEBONNET HILLS CEMETERY PO BOX 11250 NEW ORLEANS, LA 70181 5713 COLLEYVILLE BLVD
BLUEBONNET HILLS CEMETERY PO BOX 130548 HOUSTON, TX 77219 5713 COLLEYVILLE BLVD
BOUGHTON MAINTENANCE ASSOCIATION 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 1800 BROUGHTON DR
BOUGHTON MAINTENANCE ASSOCIATION 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 1800 BROUGHTON DR
BOUGHTON MAINTENANCE ASSOCIATION 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 1800 BROUGHTON DR
BOUGHTON MAINTENANCE ASSOCIATION 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 1829 CAMDEN GREEN
BOUGHTON MAINTENANCE ASSOCIATION 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 1829 STRATTON GREEN
BOUGHTON MAINTENANCE ASSOCIATION 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 1829 ARRINGTON GREEN
BOYD, LARRY G PO BOX 279 COLLEYVILLE, TX 76034 1805 ARRINGTON GREEN
CASEY, ROBERT E 1805 STRATTON GRN COLLEYVILLE, TX 76034 1805 STRATTON GREEN
COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 1601 HALL JOHNSON RD
COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 1601 HALL JOHNSON RD
DIXON, DAVID 1800 STRATTON GRN COLLEYVILLE, TX 76034 1800 STRATTON GREEN
GLASSCOCK, D L 1708 GATEHOUSE CT COLLEYVILLE, TX 76034 1708 GATEHOUSE CT
HEIDEL, RUTH V 1712 GATEHOUSE CT COLLEYVILLE, TX 76034 1712 GATEHOUSE CT
MILLER, DENNIS 1800 CAMDEN GRN COLLEYVILLE, TX 76034 1800 CAMDEN GREEN
MOORE, BOBBY FAMILY LTD PRTN 6113 COLLYVILLE BLVD COLLEYVILLE, TX 76034 6113 COLLEYVILLE BLVD
RUCKER, RICHARD B 1704 GATEHOUSE CT COLLEYVILLE, TX 76034 1704 GATEHOUSE CT
RUSSELL, REX 1805 CAMDEN GRN COLLEYVILLE, TX 76034 1805 CAMDEN GREEN
SINUNU, STEPHEN A 1813 CAMDEN GRN COLLEYVILLE, TX 76034 1813 CAMDEN GREEN
SMART, BROOKE 1809 CAMDEN GRN COLLEYVILLE, TX 76034 1809 CAMDEN GREEN
THIBODEAUX, NELSON J 5612 COVENTRY CT COLLEYVILLE, TX 76034 5612 COVENTRY CT
WAYPOINT MONTESSORI 1513 HALL JOHNSON RD COLLEYVILLE, TX 76034 1513 HALL JOHNSON RD
BROUGHTON 2557 SW GRAPEVINE PKWY, SUITE 100 GRAPEVINE, TX 76051 COURTESY NOTICE
MONTCLAIR PARC ADDITION 1108 W. PIONEER PARWAY ARLINGTON, TX 76013 COURTESY NOTICE
STONE CREST ESTATES P.O. BOX 332 COLLEYVILLE, TX 76034 COURTESY NOTICE
GREEN, MICHAEL 150 PAULARINO AVE, SUITE 160 COSTA MESA, CA 92626 APPLICANT
GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED
Public hearing notices were mailed Friday,
January 26, 2018 by Araceli Botello
Notification List - ZC18-001
NOTICE OF PUBLIC HEARING
Zoning Case Number: ZC18-001
Applicant: Michael Green
Ow ner: Cary Grossi
Location: 5713 Colleyville Boulevard
Property Description: Tract 2B & 2B02, Abstract 180, in the J L Byas Survey
Present Zoning: AG – Agricultural District
Request: Consideration of a zoning change from the AG Agricultural zoning district to
the CC-1 Village Retail zoning district and a Special Use Permit (SUP) for
Cemeteries or Mausoleums. The purpose is to allow for the expansion and
operation of the Bluebonnet Hill Cemetery to their eastern boundary.
The City of Colleyville has scheduled public hearings concerning the above referenced request on the following
dates and location:
Planning and Zoning Commission Meeting: Monday, February 12, 2018 at 7:00 p.m.
City Council Meeting: Tuesday, March 6, 2018 & Tuesday, March 20, 2018 at 7:30 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
This notice has been sent to all owners of real property within 200 feet of the request as such ownership appears
on the last approved tax roll and all homeowners associations within 200 feet. Approval by the Planning and Zoning
Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the
proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the
date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda
as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for
approval by the City Council may be more restrictive than those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change
request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit
written comments prior to the public hearing, to the address below:
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to
the public hearing, State law provides that the approval of the zoning change request shall require the approval of a
super majority vote by City Council.
The application is on file for public examination in the Community Development Department at 100 Main
Street, Colleyville, Texas. A brief project description can be found online on the Active Development Case
map: https://www.colleyville.com/zoning.html. For additional information, please contact the Community
Development Department at 817.503.1056. Please reference the zoning case number when requesting
information.
Felix Landry
Principal Planner
flandry@colleyville.com
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Letter of Opposition
ORDINANCE O-18-XXXX
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 25.69 ACRES ON A TRACT 2 AND TRACT 2B02, ABSTRACT
180, IN THE J L BYAS SURVEY, LOCATED AT 5713 COLLEYVILLE
BOULEVARD FROM THE AG AGRICULTURAL ZONING DISTRICT TO THE
CC-1 VILLAGE RETAIL ZONING DISTRICT; AUTHORIZING A SPECIAL
USE PERMIT FOR A CEMETERY AND MAUSOLEUM; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE
WHEREAS,the City of Colleyville has received an application for a rezoning
under Case No. ZC18-001; 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
Ordinance O-18-XXXX
Page 2 of 7
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.
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 25.69 acres on Tract 2B and Tract 2B02,
Abstract 180, in the J L Byas Survey, located at 5713 Colleyville
Boulevard from the AG Agricultural zoning district to the CC-1
Village Retail zoning district with a Special Use Permit for a
cemetery and mausoleum, as depicted in the attached Exhibit “A”
and Exhibit “C”, 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. This Special Use Permit shall only apply to the uses in
combination of a cemetery and mausoleum as described in
Exhibit “B”.
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)
Ordinance O-18-XXXX
Page 3 of 7
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 6th day of March
2018.
The second reading and public hearing being conducted on the 20th day of
March 2018.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the 20th day of March 2018.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____
Place 1, Tammy Nakamura Place 5, Nancy Coplen ____
Place 3, Kathy Wheat Place 6, Mike Taylor ____
Place 4, George Dodson
ATTEST:CITY OF COLLEYVILLE
Ordinance O-18-XXXX
Page 4 of 7
Christine Loven, TRMC Richard Newton
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Whitt Wyatt
City Attorney
Exhibit “A” – Location and Zoning Map
Exhibit “B” – Statement of Planning Objectives
Exhibit “C” – Zoning Exhibit
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3f Agenda Date 06/11/2018 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Consideration of amendments to the Land Development Code, specifically Chapter 1 –
General Provisions, Chapter 4 – Landscaping and Buffering, and Chapter 6 –
Commercial Design Standards
Explanation
The City Council had instructed staff to review and propose amendments to each
chapter within the City's Land Development Code (LDC). City staff has already
reviewed the attached chapters with the City Council at their recent worksession
meetings. The process for adopting amendments to the LDC include formal review and
recommendation by the Planning and Zoning Commission followed by formal review
and approval by the City Council.
The attached chapters are the beginning of the formal adoption process. The remaining
chapters will be brought forward over the next several months until the entire Land
Development Code has been reviewed.
Recommendation
Approve
Attachments
1.Ch. 01 General Provisions - Redline v3 (05.21.18)
2.Ch. 04 Landscaping and Buffering - Redline v2 (05.21.18)
3.Ch. 06 Commercial Design Standards - Redline v2 (05.25.18)
Land Development Code City of Colleyville, Texas
Chapter 1 – General Provisions Page 1 - 1
Chapter 1
General Provisions
Rev. 05/04/2010
Section 1.1 Title
This document shall be known and may be cited as the Land Development Code of the City of Colleyville,
Texas.
Section 1.2 Applicability
The provisions of this Land Development Code shall apply to all lots, parcels of land, rights-of-way, buildings
and structures located within the Corporate Limits of the City of Colleyville.
Section 1.3 Authorization for Adoption of This Land Development Code
The regulations contained in the various chapters of this Land Development Code have been adopted upon
approval of an ordinance, after public hearing, by the City Council of the City of Colleyville in accordance with
the authority described within each chapter and the following:
1. Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which
authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good
government, peace, or the trade and commerce of the municipality; and.
2. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all
powers granted to municipalities by the Constitution or the laws of the State of Texas.
Section 1.4 Purpose of the Land Development Code
The purpose of this Land Development Code is to promote the health, safety, and general welfare of the
community and to:
1. combine zoning, subdivision and other regulations into a single document that can be used for
development of property and public facilities in Colleyville, Texas;
2. establish reasonable standards of design and procedures for subdivisions in order to further the
orderly layout and use of land, and to ensure proper legal descriptions of subdivided land;
3. provide that the cost of improvements which primarily benefit the tract of land being developed be
borne by the owners or developers of the tract and that the cost of improvements which primarily
benefit the entire community be borne by the community as a whole; and
4. avoid overlapping, conflicting or inconsistent regulations found in land use control systems consisting
of separate zoning, subdivision, and other ordinances.
Section 1.5 Purpose of This Chapter
The purpose of this Chapter is to:
1. establish rules, regulations and procedures for the administration of this Land Development Code and
to establish the process for amending this Code;
Land Development Code City of Colleyville, Texas
Chapter 1 – General Provisions Page 1 - 2
2. establish regulations which describe the process for considering waivers, variances and appeals
regarding this Land Development Code; and
3. establish specific boards and commissions responsible for considering requests for a waiver or
variance from a regulation or to hear an appeal of a decision of an Administrative Official authorized
to enforce and administer this Land Development Code.
Section 1.6 Administration and Enforcement
The provisions of the Land Development Code shall be administered, interpreted and enforced by the City
Manager, his designee, or by the administrator designated within this Code.
Section 1.7 Fees
The schedule of fees and charges associated with application filing, processing, plan review, or any other fee
required by provisions of this Land Development Code, shall be established by the City Council.
Furthermore, until all applicable fees, charges and expenses have been paid in full, no action shall be taken
on any application or appeal authorized by this Land Development Code. Fees required by this Land
Development Code shall not be refundable, except where a specific provision provides for refunding.
Section 1.8 Compliance Required
All land, buildings, structures or appurtenances thereon located within the City which are hereafter occupied,
used, erected, altered or converted shall be used, placed and erected in conformance with the regulations
prescribed herein. In their interpretation and application, the provisions of these regulations shall be
construed to be the minimum requirements for the promotion of the public health, safety, convenience,
comfort, morals and general welfare. Land used in meeting the requirements of this Land Development Code
with respect to a particular use or building shall not be used to meet the requirements for any other use or
building. No approval, authorization to proceed, or issuance of any certificate or permit shall be construed as
an approval of a violation of the provisions of this document or of other ordinances of the City of Colleyville.
Certificates presuming to give authority to violate or cancel the provisions of this document or of other
ordinances of the jurisdiction shall be void.
Section 1.9 Certificate of Occupancy Required
Certificate of Occupancy requirements shall be in accordance with the currently adopted Building Code(s) in
effect at such time.
1.9.A CERTIFICATE REQUIRED PRIOR TO OCCUPANCY
No building, or portion thereof, or parcel of land shall be occupied or used until a certificate of occupancy
has been issued by the City. Furthermore, no non-residential building, or portion thereof, or parcel of land
shall change in use or occupancy until a certificate of occupancy has been issued by the City. A current
certificate of occupancy is required on all land, buildings, or portions thereof except non-habitable
accessory buildings. Failure to comply with this provision may result in the issuance of a citation and/or
constitute basis for denial of or disconnection from City utilities or to require a franchised utility company
to do likewise.
1.9.B CONNECTION TO UTILITIES
No connection to the City utility systems shall be allowed unless and until a certificate of occupancy has
Commented [EW1]: The International Building Code
(IBC) and International Residential Code (IRC) contain
provisions for CO’s and this language is contradictory
or otherwise in conflict
Land Development Code City of Colleyville, Texas
Chapter 1 – General Provisions Page 1 - 3
been issued by the City Inspector. However, temporary connection of utilities for a specified duration may
be authorized by the City Inspector for the purpose of clean up, construction or other such purposes.
1.9.C RECORDS
The Building Inspection Office shall maintain a record of all buildings or parcels of land for which a
Certificate of Occupancy has been issued.
1.9.D CERTIFICATE OF OCCUPANCY APPLICATION
Application for a certificate of occupancy shall be made to the Building Inspection Office. No application
for a certificate of occupancy shall be approved which does not, at a minimum, contain the following
information: business name, business address, business phone number, type of proposed use, business
owner, business owner's address, business owner's phone number and emergency phone number,
applicant's driver's license number, applicant's date of birth, and applicant's signature.
1.9.E DISPLAY AND STATUS OF CERTIFICATE OF OCCUPANCY
1. All non-residential occupancies shall display a certificate of occupancy on the site and in a
conspicuous place.
2. The holder of a certificate of occupancy for a non-residential occupancy is required to notify the
Building Inspection Office of any change of address, name changes, or other pertinent
information listed on the certificate of occupancy application.
Section 1.10 Project Under Construction at Time of Code Adoption
DELETE THIS SECTION
Nothing herein contained shall require any change in the plans, construction or designated use of a building
actually under construction within the city on the effective date of this document and which entire building
shall be completed within one (1) year from the effective date of the document or which building shall be
maintained under continuous construction even though not completed within one (1) year. Nothing herein
contained shall require any change in plan, construction or designated use of a building for which a building
permit has been heretofore issued while such permit is valid and provided the building shall have been started
within 180 days of the date of issuance of the permit and which entire building shall be maintained under
continuous construction even though not completed within one (1) year.
Section 1.11 Compliance Required for Building Permits & Utility Services
DELETE THIS SECTION
No building or structure may be erected, constructed or installed on any lot, tract or parcel of land and public
utilities shall not be extended or connected to a building or structure unless the lot, tract or parcel of land is in
compliance with the provisions and requirements of this Land Development Code and all applicable Building
Permits and authorizations to proceed are first obtained.
Section 1.12 Waivers and Appeals - Generally
Any person seeking approval of a development as required by this Land Development Code may request a
waiver of or a variance from a requirement contained in this Code, or appeal a decision of an Administrative
Official by submitting a request using the procedures described in this Chapter. Due to the unique
arrangement and statutory organization of this Land Development Code, provisions for waivers, variances
and appeals of administrative decisions vary from chapter to chapter. The following table shows the approval
authority for waiver, variance and appeal requests for the specific chapters of this Land Development Code.
Commented [EW2]: Time limitations are already
addressed in the currently adopted building codes
Commented [EW3]: Language is stating the obvious
and utility connections are addressed by current codes
and/or policies
Land Development Code City of Colleyville, Texas
Chapter 1 – General Provisions Page 1 - 4
Approval Authority for Waiver, Variance and Appeal Requests
Chapter Title
City Council
P & Z
Commission
ZBA
Sign Board
Staff
Chapter 2 – Definitions
N/A
N/A See
Section 1.16
N/A
N/A
Chapter 3 – Land Use
See
Section 1.13
N/A See
Section 1.16
N/A
N/A
Chapter 4 – Landscaping &
Buffering
N/ASee Section
4.4
N/ASee Section
4.4
N/A
N/A See
Section 4.6
N/A
Chapter 5 – Tree Preservation
See
Section 1.13
See
Section 1.14
N/A
N/A
N/A
Chapter 6 – Building Design
See
Section 1.13
See
Section 1.14
N/A
N/A
N/A
Chapter 7 – Sign Regulations
See
Section 1.13
N/A
N/A See
Section 1.15
N/A
Chapter 8 – Platting Procedures
(except perimeter streets)
See
Section 1.13
See Section
1.14 & 7.2
N/A
N/A
N/A
Perimeter streets See
Section 1.13
N/A
N/A
N/A
N/A
Chapter 9 – Subdivision Design &
Required Facilities
See
Section 1.13
N/A
N/A
N/A
N/A
Chapter 10 – Private Streets &
Entrance Gates
See
Section 1.13
N/A
N/A
N/A
N/A
Chapter 11 – Park Land
Dedication
See
Section 1.13
N/A
N/A
N/A
N/A
Chapter 12 – Erosion Control See
Section 1.13
N/A
N/A
N/A
N/A
Chapter 13 – Impact Fees See
Section 1.13
N/A
N/A
N/A
N/A
Chapter 14 – Engineering Design See
Section 1.13
N/A
N/A
N/A
N/A
Chapter 15 – Public Works
Construction Details
See
Section 1.13
N/A
N/A
N/A
N/A
Note to table above: N/A – Not Authorized
Section 1.13 Waivers and Appeals – City Council
A. Where specifically provided for in this Land Development Code, the City Council shall have the
authority to consider requests for a waiver or to hear and decide an appeal from an administrative
decision on a regulation. The City Council may approve, disapprove or modify such a request
provided that such approval or modification will not be detrimental to the public safety, health, or
welfare or injurious to other property. The applicant shall provide information to support a claim that
there are extraordinary hardships or practical difficulties which may result from strict compliance with
the regulation or that the public interest may be better served by an alternative proposal.
B. Notwithstanding any provision of this Land Development Code relating to waiver procedures
contained herein, and to the extent not otherwise prohibited by State law, the City Council shall have
the authority to directly consider requests for a waiver to any regulation contained herein in
connection with the construction of a mutual access easement/drive adjacent to a Major Arterial as
defined in the Master Thoroughfare Plan. The City Council may approved, disapprove or modify such
a request provided that such approval or modification will not be detrimental to the public safety,
Land Development Code City of Colleyville, Texas
Chapter 1 – General Provisions Page 1 - 5
health, or welfare or injurious to other property. The applicant shall provide information to support a
claim that there are extraordinary hardships or practical difficulties which may result from strict
compliance with the regulation or that the public interest may be better served by an alternative
proposal.
Section 1.14 Waivers and Appeals – Planning and Zoning Commission
Where specifically provided for in this Land Development Code, the Planning and Zoning Commission shall
have the authority to consider a waiver or to hear and decide an appeal from an administrative decision on a
regulation. The Planning and Zoning Commission may approve, disapprove or modify such a request
provided that such approval or modification will not be detrimental to the public safety, health, or welfare or
injurious to other property. The applicant shall provide information to support a claim that there are
extraordinary hardships or practical difficulties which may result from strict compliance with the regulation or
that the public interest may be better served by an alternative proposal.
Section 1.15 Waivers and Appeals – Sign Board of Appeals
Note: Section 1.15 replaced in its entirety. (Ord. O-03-1414 / 09-02-2003)
A. Creation of Sign Board of Appeals – There is hereby created a Sign Board of Appeals consisting of five
(5) members and two (2) alternate members, each to be appointed by the Council for a two year term, or
until a successor is appointed. Three members of the Board and one (1) alternate member shall be
selected in even numbered years and two members and one (1) alternate member in odd numbered
years. In the event of a vacancy, the Council shall appoint a member to serve for the unexpired term.
Alternate Board members shall serve in the absence of regular members. The Sign Board of Appeals
shall consist of the same members and officers as the Zoning Board of Adjustment.
B. Authority of the Sign Board of Appeals – The Sign Board of Appeals shall have the authority to hear and
decide on requests for a variance from the requirements contained in Chapter 7 – Sign Regulations of
this Land Development Code. The Sign Board of Appeals shall also have the authority to hear and
decide an appeal of an administrative decision on a regulation contained in Chapter 7 – Sign Regulations
of this Land Development Code. The authority established under this paragraph shall be applicable to a
definition contained in Chapter 2 – Definitions of this Land Development Code required for the
administration and enforcement of the provisions of Chapter 7 – Sign Regulations.
C. Quorum and Organization – Four members of the Sign Board of Appeals shall constitute a quorum. In
the event of the absence of the Chairman and Vice-Chairman, the four members constituting the quorum
shall elect for that meeting a member to preside as Acting Chairman and to assume all duties of the
Chairman.
D. Meetings, Hearings and Rules of Procedures – The Board shall adopt rules of procedure for the conduct
of its meetings. Meetings shall be held at the call of the Chairman or at such times as the Board may
determine. All meetings and hearings shall be open to the public and shall be conducted in accordance
with the procedure set forth in these regulations and the rules of procedure adopted by the Sign Board of
Appeals. Such rules of procedure may be amended by the Sign Board of Appeals membership. The
minutes of the meetings shall be recorded, showing the vote of each member upon the question, and
shall be made a matter of public record. The concurring vote of four members of the Board shall be
necessary to render a decision on any matter before the Board. The Sign Board of Appeals shall meet
monthly, provided there has been an appeal or request for variance filed with the Building Administrative
Official on or before the last date to receive applications prior to the scheduled meeting date. The
Building Official shall publish a calendar establishing such final application dates.
E. Variance – A person may request a variance from a requirement contained in Chapter 7 – Sign
Regulations by filing said request with the building official Administrative Official. A request for a variance
shall be accompanied by a non-refundable filing fee. The filing fee shall be established by separate
ordinance by the City Council. A request for variance shall be referred for consideration to the Sign
Board of Appeals. In considering a request for a variance, the Sign Board of Appeals shall consider,
Commented [EW4]: Provision should not list a specific
position
Commented [EW5]: Provision should not list a specific
position
Land Development Code City of Colleyville, Texas
Chapter 1 – General Provisions Page 1 - 6
among other things, the degree of variance, the reason for the variance requested, the location of the
variance request, the duration of the requested variance, the effect on public safety, the protection of
neighborhood property, the degree of hardship or injustice involved, and the effects of the variance on the
general plan of regulation of signs within the City.
F. Fees – No action shall be taken on any application submitted to the Sign Board of Appeals until all
applicable fees have been paid in full. No refund of any application fee shall be made after the request
has been advertised and scheduled for consideration by the Board.
G. Public Hearing and Written Notification – No action to approve or deny any application shall be taken until
the Board has held a public hearing and received comment, and only after written notice of the public
hearing of the date, time and place where the variance request is to be considered has been sent to the
owners of real property lying within two hundredone thousand (2001,000) feet of the property where the
application is being considered. Such notice shall be given to each property owner as listed on the last
approved tax roll not less than fifteen (15) days before the date set for hearing by depositing letters
properly addressed and postage paid in the United States Post Office.
H. Appeal to City Council – The decision by the Sign Board of Appeals shall be final, unless the applicant
submits a written notice of appeal within ten (10) days from the date of the action by the Board. The
enforcement official shall re-notify all property owners lying within two hundredone thousand (2001,000)
feet of the area being considered and place the applicant’s appeal request on the next available agenda
for consideration by the City Council.
Section 1.16 Variances & Appeals – Zoning Board of Adjustment
The Zoning Board of Adjustment shall have the authority to consider requests for a variance of a zoning
regulation or to hear an appeal from an administrative decision on a regulation in Chapter 3 – Land Use
Regulations; and Chapter 4 – Landscaping and Buffering; and Chapter 6 – Building Design (except for
requests regarding tree mitigation requests which are considered by the Planning and Zoning Commission).
The Zoning Board of Adjustment shall additionally have the authority to consider requests for an interpretation
of any regulation or definition contained in this Land Development Code. The rules and procedures contained
in this section shall be applicable to such request.
1.16.A. A ZONING BOARD OF ADJUSTMENT ESTABLISHED
A Zoning Board of Adjustment is hereby established, which shall consist of five (5) members and two (2)
alternates, each to be appointed for a two (2) year alternate term by the City Council. All vacancies
occurring on the Zoning Board of Adjustment shall be filled by appointment by the City Council. Each
year after a new term begins members shall elect a Chairman and Vice-Chairman, a new term beginning
at the first meeting in October. Members of the Zoning Board of Adjustment may be removed from office
by the City Council for cause upon written charges and after a public hearing. Vacancies shall be filled by
resolution of the City Council for the unexpired term of the member affected. The City Council shall
appoint two (2) alternate Board members to serve in the absence of regular members.
1.16.B. B PROCEEDINGS
The Zoning Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping
with the provisions of this ordinance. Meetings shall be held at the call of the Chairman or Vice-Chairman
and at such other times as the Board may determine. The Chairman, or in his absence the Acting
Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to
the public.
Said Board shall keep minutes of its proceedings, showing the vote of each member upon each question,
or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other
official actions, all of which shall be made a matter of public record and be immediately filed in the office
of the City and maintained by the person acting as City Secretary.
Commented [BB6]: Increased for more notification
coverage; several locations in this chapter
Commented [BB7]: Authority for Chapter 6 is the P&Z
Commission
Land Development Code City of Colleyville, Texas
Chapter 1 – General Provisions Page 1 - 7
1.16.C. C HEARINGS; APPEALS; NOTICE
Appeals to the Zoning Board of Adjustment concerning interpretation or administration of a regulation
may be taken by any person aggrieved or by any officer, agency, department or commission of the
governing body of the City affected by any decision of the Administrative Official. Such appeals shall be
taken within a reasonable time, not to exceed fifteen (15) days or such lesser period as may be provided
by the rules of the Board, by filing with the Administrative Official on behalf of the Zoning Board of
Adjustment a notice of appeal specifying the grounds thereof. The Administrative Official shall forthwith
transmit to the Board all papers constituting the record upon which the action appealed from was taken.
The Board shall fix a reasonable time for the hearing of an appeal, give public notice thereof as well as
written notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any
party may appear in person or by an agent or attorney.
1.16.D STAY OF PROCEEDINGS
An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative
Official from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of
appeal is filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life and property. In such case, proceedings shall not be stayed other than by a court of
record on application, on notice to the Administrative Official from whom the appeal is taken and on due
cause shown.
1.16.E JURISDICTION OF ZBA
When in its judgment the public convenience and welfare will be substantially served, the Board of
Adjustment may issue appropriate orders to the Administrative Official to guard against future error; and
to promulgate appropriate procedure in addition to that under which the Administrative Official already
operates. When the appropriate use of the neighboring property will not be substantially or permanently
injured, the Board of Adjustment may in specific cases, after public notice and public hearing, (subject to
appropriate conditions and safeguards and in accordance with Section 211.009, Local Government Code,
V.T.C.A.), authorize the following variances and special exceptions to the regulations herein established
and take action relative to the continuance or discontinuance of a nonconforming use. Thus, the Board
has jurisdiction to:
1. Hear and decide appeals where it is alleged there is error on any order, requirement, decision or
determination made by the Administrative Official in the enforcement of this code.
2. Interpret the intent of the Zoning District Map where uncertainty exists because the physical
features, on the ground vary from those on the Zoning District Map and none of the rules set forth
in Chapter 3 – Land Use, Section 3.5.C - "Rules For interpretation of District Boundaries" apply.
3. Approve the use of a lot or lots in a residential district contiguous to (even if separated by a street
or alley) an apartment, office, retail, commercial or industrial district for off-street parking of
passenger vehicles subject to such standards and safeguards as are appropriate for the
protection of adjacent residential uses.
4. Initiate on its motion or cause presented by interested property owners an action to bring about
the discontinuance of a nonconforming use in accordance with the following:
a. Require the discontinuance of a nonconforming use under any plan whereby full value of the
structure can be amortized within a definite period of time, taking into consideration the
general character of the neighborhood and the necessity for all property to conform to the
regulations of this ordinance.
5. Permit the change of occupancy of a nonconforming use to another nonconforming use in
accordance with the provisions of Chapter 3 – Land Use of this Land Development Code.
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6. Permit the enlargement of a nonconforming use in accordance with the provisions of Chapter 3
Land Use of this Land Development Code.
7. Permit the reconstruction of a nonconforming structure or building on the lot or tract occupied by
such building, provided such reconstruction does not, in the judgment of the Board, prevent the
return of such property to a conforming use or increase the nonconformity of a nonconforming
structure and provided that such actions conform to the non-conforming provisions of Chapter 3 –
Land Use of this Land Development Code.
8. Require the vacation and demolition of a nonconforming structure, which is deemed to be
obsolete, dilapidated or substandard.
9. Vary the provisions and conditions required for the development of off-street parking facilities
when such variations are found to be in the interest of the area and necessary to secure
reasonable parking use of a specific parcel of land.
10. Permit such variance of the front yard, side yard, rear yard, lot width, lot depth, coverage,
minimum sidewalk or setback standards, off-street parking or off-street loading or visibility
obstruction regulations where the literal enforcement of the provisions of this ordinance would
result in an unnecessary hardship, and where such variance is necessary to permit a specific
parcel of land which differs from other parcels of land in the same district by being of such
restricted area, shape or slope that it cannot be developed in a manner commensurate with the
development permitted upon other parcels of land in the same district. A modification of the
standards established by this ordinance shall not be granted to relieve a self-created or personal
hardship, nor for financial reason only, nor shall such modification be granted to permit any
person a privilege in developing a parcel of land not permitted by this ordinance to other parcels
of land in the district.
11. Permit such variances of fence heights when in the opinion of the Board such fence will not
adversely affect neighboring property.
1.16.F SPECIAL EXCEPTIONS; CONDITIONS GOVERNING APPLICATIONS; PROCEDURES
A special exception shall not be granted by the Board of Adjustment unless and until:
1. A written application for a special exception is submitted indicating the section of this ordinance
under which the special exception is sought and stating the grounds on which it is required.
2. Notice shall be given at least fifteen (15) days in advance of public hearing. The owner of the
property for which special exception is sought or his agent shall be notified by certified mail.
Notice of such hearings shall be posted at the City Hall; and one time in the official publication of
the City, stating the time, place and nature of such hearing, at least fifteen (15) days prior to the
public hearing. All property owners within two hundredone thousand (2001,000) feet of the
property shall be notified by mail not less than fifteen (15) days prior to the date of the public
hearing.
3. The public hearing shall be held. Any party may appear in person, or by an agent or attorney.
4. The Zoning Board of Adjustment shall make a finding that it is empowered to grant the special
exception, and that the granting of the special exception will not adversely affect the public
interest.
5. In granting a special exception, the Zoning Board of Adjustment may also prescribe a time limit
for which the special exception may continue. Failure to comply with this requirement stipulated
by the Board shall void the special exception permit issued.
6. Violation of any reasonable provisions, conditions and safeguards that are made a part of the
terms under which the special exception permit granted shall be deemed in violation of this
Land Development Code City of Colleyville, Texas
Chapter 1 – General Provisions Page 1 - 9
ordinance and punishable under the penalty section of this Land Development Code.
1.16.G VARIANCES; CONDITIONS GOVERNING APPLICATIONS; PROCEDURES
The Zoning Board of Adjustment may authorize upon appeal in specific cases such variance from the
terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a
literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance
from the terms of this ordinance shall not be granted by the Zoning Board of Adjustment unless and until:
1. A written application for a variance is submitted demonstrating:
a. That special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures, or buildings in the
same district;
b. That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same district under the terms of this
ordinance;
c. That the special conditions and circumstances do not result from the actions of the applicant;
d. That granting the variance requested will not confer on the applicant any special privilege that
is denied by this ordinance to other lands, structures, or buildings in the same district;
e. No nonconforming use of neighboring lands, structures, or buildings in the same district, and
no permitted or nonconforming use of lands, structures, or buildings in other districts shall be
considered grounds for the issuance of a variance.
2. Notice shall be given at least fifteen (15) days in advance of public hearing. The owner of the
property for which requested variance is sought or his agent shall be notified by certified mail.
Notice of such hearings shall be posted at the City Hall; and one time in the official publication of
the City, stating the time, place and nature of such hearing, at least fifteen (15) days prior to the
public hearing. All property owners within two hundredone thousand (2001,000) feet of the
property shall be notified by mail not less than fifteen (15) days prior to the date of the public
hearing.
3. The public hearing shall be held. Any party may appear in person, or by an agent or by attorney.
4. The Zoning Board of Adjustment shall make findings that the applicant has met the requirements
of paragraph 1 above.
5. The Board shall further make a finding that the reasons set forth in the application justify the
granting of the variance, and that the variance is the minimum variance that will make possible
the reasonable use of the land, building, or structure.
6. The Zoning Board of Adjustment shall further make a finding that the granting of the variance will
be in harmony with the general purpose and intent of this ordinance, and will not be injurious to
the neighborhood, or otherwise detrimental to the public welfare.
In granting any variance, the Zoning Board of Adjustment may prescribe appropriate conditions
and safeguards in conformity with this ordinance. Violation of such conditions and safeguards,
when made a part of the terms under which the variance is granted, shall be deemed a violation
of this ordinance and punishable under the penalty section of this Land Development Code.
Under no circumstances shall the Board grant a variance to allow a use not otherwise permissible
under this section in the district involved, or any use expressly or by implication prohibited by the
terms of this ordinance in said district.
Land Development Code City of Colleyville, Texas
Chapter 1 – General Provisions Page 1 - 10
1.16.H DECISION OF ZONING BOARD OF ADJUSTMENT
The concurring vote of four members of the Board shall be necessary to reverse any order, requirement,
decision, or determination of the Administrative Official, or to decide in favor of the applicant on any
matter upon which it is required to pass under this Land Development Code, or to effect any variation in
the application of this ordinance.
1.16.I APPEAL PROCEDURES - ZBA
1. Any person or persons, or any board, taxpayer, department, commission or agency of the City
aggrieved by any decision of the Zoning Board of Adjustment may seek review by a court of
record of such decision, and under the time limit specified in Section 211.011, Local Government
Code, V.T.C.A. If no appeal has been taken from the Zoning Board of Adjustment ruling within
the time limit specified under the above mentioned Article, the Board's ruling shall be final.
2. It is the intent of this ordinance that all questions of interpretation and enforcement shall be first
presented to the Administrative Official, and that such questions shall be presented to the Zoning
Board of Adjustment only on appeal from the decision of the Administrative Official, and that
recourse from the decisions of the Zoning Board of Adjustment shall be to the courts as provided
by law.
3. It is further the intent of this ordinance that the duties of the City Council in connection with this
section shall not include hearing and deciding questions of interpretation and enforcement that
may arise. Under this ordinance the City Council shall have only the duties of considering and
adopting or rejecting proposed amendments, or the repeal of this ordinance, as provided by law.
4. Conditions: The Board or City Council, as may apply, is empowered to impose upon any variance
or special exception any condition reasonably necessary to protect the public interest and
community welfare.
Section 1.17 Reserved
Section 1.18 Amending the Land Development Code
The regulations and restrictions imposed by this Land Development Code and the districts and boundaries
created by the Official Zoning Map may be amended from time to time using the procedures provided in this
section.
1.18.A AMENDING A SUBDIVISION PLAT REGULATION
A subdivision plat regulation as contained in Chapters 8, 9, 10, 11, 12, 14 & 15 of this Land Development
Code, may be amended upon adoption of an ordinance approved by the City Council after public hearing.
Notice of said public hearing to be given in a newspaper having general circulation in the city not less
than ten fifteen (1015) days prior to the hearing. The City Council may request the recommendation of
the Planning and Zoning Commission on any proposed amendment to a plat regulation. Said
amendment shall be additionally subject to the standard rules, regulations and procedural requirements
established in Chapter 212 – Local Government Code and Article VI – Charter of the City of Colleyville.
1.18.B AMENDING A ZONING REGULATION OR THE OFFICIAL ZONING MAP
The City Council may from time to time amend, supplement, change, modify or repeal the regulations and
restrictions imposed in Chapter 1 – General Provisions; Chapter 2 – Definitions; or Chapter 3 – Land Use,
of this Land Development Code, and the districts and boundaries described on the Official Zoning Map,
using the procedures described in this section. Such amendment shall additionally be subject to the
rules and procedures in Chapter 211 – Local Government Code, and Article VI of the Charter of the City
Commented [BB8]: Current practice is 15 days
Land Development Code City of Colleyville, Texas
Chapter 1 – General Provisions Page 1 - 11
of Colleyville.
1. Zoning Regulation Amendments – Any person or corporation may petition the City Council for a
change or amendment to the provisions of these regulations; or the Planning and Zoning
Commission or City Council may, on its own motion, initiate study and proposal for changes or
amendments to a zoning regulation in the public interest.
2. Zoning District Boundary Changes – Any person or corporation having a proprietary interest in a
parcel of land may request a change in zoning on such property; or the Planning and Zoning
Commission or City Council may, on its own motion, initiate proceedings to consider a change in
zoning on a parcel of land. All requests for a change in zoning shall be submitted, together with
the required fee, to the Administrative Official, which officer shall cause notices to be sent and the
request placed on the Planning and Zoning Commission agenda. Only one application for a
zoning change will be considered at any one time on a parcel of land. No additional rezoning
application on a parcel of land will be considered until final action of any pending application has
been completed, subject to the time limits imposed elsewhere in these regulations.
3. Fees – Until all applicable fees, charges, expenses and delinquent city, county, and school taxes
have been paid in full, no action shall be taken on any zoning application. No refund of any
application fee shall be made after the request has been scheduled for consideration by the
Commission.
4. Commission Public Hearing and Written Notification - Before making report of an application for a
planned development, special use permit, or proposed amendment to a zoning regulation or
zoning district boundary, the Planning and Zoning Commission shall hold a public hearing and
receive comment in accordance with the following:
a. No less than ten fifteen (1015) days notice of the time, place and nature of the public hearing
shall be published in publication having general circulation in the city of Colleyville.
b. When a proposed change affects a specific tract of land, written notice of the public hearing
shall be sent to all owners of real property lying within two hundredone thousand (2001,000)
feet of the area being considered. Such notice to be given to each property owner as listed
on the last approved tax roll not less than ten fifteen (1015) days before the day set for
hearing by depositing letters properly addressed and postage paid in the United States Post
Office. The applicant will be sent notice by certified mail. The land area within 200 feet of the
proposed request shall be used to calculate whether a protest against the request would
require a super-majority vote of the City Council to approve the request.
i. Alcohol and Package Store SUP Requests – When a rezoning application includes a
provision for a Special Use Permit for the sale of alcoholic beverages or a package store,
the written notification of the public hearing stated in the preceding paragraph shall be
sent to all owners of real property lying within five hundred (500) feet of the area being
considered. The land area within 200 feet of the proposed Special Use Permit shall be
used to calculate whether a protest against the request would require a super-majority
vote of the City Council to approve the Special Use Permit. (Ord. O-03-1399 / 04-15-
2003).
5. Sign Posting - The Administrative Official is directed to cause a sign to be placed upon the
property clearly visible to passersby, which states that the property is the subject of a rezoning
application (or words of like intent). The sign shall be posted at least ten (10) days prior to the
hearing and shall remain posted until the hearing. Failure to perform this particular notice
provision shall, however, in no way prevent the Planning and Zoning Commission from hearing
the application and disposing of the issues involved on the hearing date.
6. Report of Commission – After a public hearing, the Planning and Zoning Commission shall vote
on the proposal and report its recommendation to the City Council. The proposal. as
recommended by the Commission, shall be place on the next available City Council agenda,
provided proper notice has been given.
Commented [BB9]: Current practice is 15 days; same
as ZBA notice
Commented [BB10]: Current practice is 15 days;
same as ZBA notice
Commented [BB11]: Similar practice as outlined for
Alcohol & Package Store SUP Requests in the
paragraph below.
Land Development Code City of Colleyville, Texas
Chapter 1 – General Provisions Page 1 - 12
a. Amended Proposals: The Planning and Zoning Commission may consider a request from the
applicant to amend the proposal without additional notification of adjacent property owners,
provided that the amended request is determined by the Commission as being more
restrictive than the initial request and the boundary or content of the amended request is not
expanded.
b. Notice of Appeal: Denial of the proposal by the Planning and Zoning Commission shall be
final, unless the applicant submits a written notice of appeal within ten (10) days from the
date of the action by the Commission. The Administrative Official shall re-notify all property
owners lying within two hundred (200) feet of the area being considered and place the
applicant’s rezoning request on the next available agenda for consideration by the City
Council.
c. Failure to Act Provision: Failure by the Commission to act on an amendment within sixty (60)
days of the first date of public hearing shall be considered a recommendation for denial of the
amendment.
7. City Council Public Hearing and Newspaper Notice - A zoning regulation or a zoning district
boundary may be amended by the City Council upon adoption of an ordinance, but no
amendment shall be made without public hearing before the City Council. No less than fifteen
(15) days notice of the time, place and nature of such hearing shall be published in publication
having general circulation in the City of Colleyville. No amendment to a regulation or to a district
boundary shall be considered by the City Council until a report of the proposed amendment has
been made by the Planning and Zoning Commission. Unless denied by the Planning and Zoning
Commission, every rezoning request receiving final approval of the Commission shall be
forwarded to the City Council for consideration, unless the applicant has requested the proposal
be withdrawn. The City Council may refer any amended rezoning request back to the Planning
and Zoning Commission for further study and recommendation.
8. Special City Council Voting Requirements - No change of which the Planning and Zoning
Commission has recommended denial or in case of a protest against such change, signed by the
owners of twenty (20) percent or more of either the area of lots or land included in such proposed
change, or lots or land immediately adjoining same and extending two hundred (200) feet
therefrom, filed with the City Secretary, shall be passed except by a favorable vote of three-
fourths (3/4) of all members of the City Council. In computing the percentage of land area, the
area of streets and alleys shall be included in the computation.
9. Withdrawal – Any proposal or application that is withdrawn by the applicant before a vote is
considered by the City Council shall not be subject to the time limit for submittal of a new
application.
10. Time Limit for Re-submittal - No one shall request a zoning change on the same parcel of
property more often than once every twelve (12) months. However, a request for a change of
zoning of a parcel of property to a different zoning classification than that previously requested
may be filed as frequently as desired.
11. Submittal Requirements for Zoning District Change - Every petition for a zoning district change
shall be accompanied by supporting documents of the area petitioned for a zone change. In
general the petitioners shall submit a drawing and supporting documents as follows:
a. Scale - No smaller than I1" = 100'
b. Zoning and use of adjacent property
c. Vicinity Map - showing location of the land within the community
d. Physical features - The location of existing streets, water courses, railroads, etc., on and
adjacent to the subject property
Land Development Code City of Colleyville, Texas
Chapter 1 – General Provisions Page 1 - 13
e. 100-year flood plain limits within the subject property
f. Legal description (metes and bounds) of the total site area proposed for rezoning,
development, or special use permit to be included on the Zoning Exhibit and submitted
on a separate letter or legal size single page.
Concept Plan – The Concept Plan, which may be conceptual and general in nature, but in
sufficient detail appropriate for the type of development being proposed and shall at a minimum
include the following items, where applicable:
a. Proposed layout, indicating the approximate size and dimensions of all residential lots
b. Proposed land uses and building locations
c. Landscaping, lighting, fencing and screening of common areas
d. General locations of existing tree clusters
e. Location and construction type of perimeter fencing
f. Design of ingress and egress with description of any special pavement treatments
g. Location and description of subdivision signs and landscaping at entrance areas
h. Street names on all proposed streets
i. Drainage Analysis – The applicant shall submit a Preliminary Drainage Analysis to
determine the need for drainage facilities. The Preliminary Drainage Analysis shall be
prepared in accordance with drainage analysis requirements contained in Chapter 14 –
Engineering Design Standards of the Land Development Code.
j. For properties with significant slope, cross section exhibits shall be required showing the
impact of the proposed development with adjacent properties.
Exception: A change of zoning application may be submitted and approved without a
Concept Plan if the scale of the request does not justify preparation of the plan.
g. Preliminary drainage study.
12. Special Application Requirements - Site Plan and Supporting Documents Required - Every
petition for a zoning district change to R-D, R-MF, MH, C-PO, CN, C-C and M-L and all Special
Use Permit requests shall additionally be accompanied by a site plan and supporting documents
of the area petitioned for a zone change. The purpose of the site plan is to illustrate the logical
arrangement of the elements on the land and to show relationships of elements to each other.
The petitioner is encouraged to meet with the appropriate city staff member in an informal work
session to ascertain the exact extent of plans and documents required, if any, prior to the City
initiating the advertisement for public hearing on the petition. The Administrative Official may
waive the site plan requirement altogether when appropriate.
The general type and extent of site plans and supporting documents which may be required of
the petitioner include, but are not necessarily limited to:
a. Site Plan, meeting all of the requirements of a "Preliminary Plat"Section 3.31.D Site Plan
Approval Required as described in the City's subdivision regulationsLand Use chapter,
except that topographic and drainage map information provisions may be waived by the
reviewing body when the inclusion of such data would not materially contribute to the
necessary evaluation of the project petition. Additional site plan drawing information which
the reviewing body may require include:
1. Existing and proposed zoning district classifications and boundaries;
2. General outline of extensive tree cover areas;
3. Drainage ways and 100-year flood plain limits;
Commented [BB12]: New regulation for Concept Plan
& Preliminary Drainage Study requirement
Commented [BB13]: Added per Council direction
Commented [BB14]: In rare situations a site plan may
not be warranted based on the limited scale of the
zoning request
Land Development Code City of Colleyville, Texas
Chapter 1 – General Provisions Page 1 - 14
4. Proposed treatment for screening the perimeter of the land embraced by the petition,
including screening of internal separations of land use where required;
5. Proposed internal non-vehicular circulation linkages, such as: pedestrian paths and hike
trails; bike trails; and equestrian bridle paths, where applicable, including their
interrelationships with vehicular circulation systems and proposed handling of points of
conflict;
6. A graphic illustration showing the location of proposed buildings, driveways and all
physical elements and a tabular summary schedule indicating:
a) The gross acreage and percent of each type of zoning category proposed;
b) The gross acreage and percent of each type of land use proposed, with streets and
open space categories listed separately, and residential uses further stratified as to
type, i.e., single family, two-family, multifamily, townhouse, etc., including the total
gross project acreage;
c) The gross residential density of each type of residential land use proposed,
expressed in dwelling units per acre; and based on net residential land use plus one-
half of any abutting street, only;
d) The quantitative number of dwelling units proposed for each residential dwelling type,
i.e., single family, two-family, etc.;
e) Proposed maximum lot coverage by building types (i.e., one-family, multifamily,
commercial, office, industrial, etc.) expressed in terms of percent or floor area ratio of
the lot or site.
b. Architectural Drawings, such as elevations, concept sketches or renderings depicting building
types and other significant proposed improvements including the treatment and use of open
spaces, etc., where the submission of such drawings would more clearly portray the nature
and character of the applicant's land use and development proposals.
c. Written Documents, in narrative form on 8-1/2” X 11” sheets, including:
1. Statement(s) on planning objectives to be achieved in the land use/development
proposal, including a narrative description of the character of the proposed development
and rationale behind the assumptions and choices made by the applicant, including use
and ownership of open spaces, etc.
2. Legal description of the total site area proposed for rezoning, development or special use
permit.
3. A development schedule, if any, indicating the approximate date(s) when construction of
the proposed development, and subsequent stages or phases can be expected to begin
and be completed, to the best of the applicant's knowledge and belief.
4. A statement as to the present and proposed ownership of the site or parcels thereof
embraced by the application.
5. Statement(s) as to how and when the applicant proposes to provide water and sewer to
the development.
6. Signature(s) and title(s) of the applicant(s) and preparer(s) of the written documents
certifying the information presented in all of the plans and supporting documents reflect a
reasonably accurate portrayal of the general nature, character and feasibility of the
applicant's proposals. All signatures will be dated.
Land Development Code City of Colleyville, Texas
Chapter 1 – General Provisions Page 1 - 15
13. Traffic Impact Analysis - When a proposed development is projected to generate more than 1000
vehicle trips per day, a traffic impact analysis shall be required with the rezoning request. The
traffic impact analysis shall be prepared in accordance with the requirements of the Director of
Public Services. The purpose of the traffic impact analysis is to determine the need for traffic
mitigation measures which may include, but are not limited to, dedication of additional right-of-
way, construction of turning lanes, or construction of traffic control facilities.
1.18.C RESERVED
1.18.D AMENDING ALL OTHER REGULATIONS
A regulation contained in any of the other Chapters of this Land Development Code that have not been
previously mentioned may be amended upon adoption of an ordinance approved by the City Council after
public hearing. Notice of said public hearing to be given in a newspaper having general circulation in the
city not less than ten fifteen (1015) days prior to the hearing. The City Council may request the
recommendation of the Planning and Zoning Commission on any proposed amendment. Amendments
shall be additionally subject to the standard rules, regulations and procedural requirements established in
Chapter 51 – Local Government Code and Article VI of the Charter of the City of Colleyville.
Section 1.19 Violations and Penalties
Any person, firm or corporation violating any of the provisions of this Land Development Code shall be guilty
of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars
($2,000.00), unless a lessor fine is provided for in the section of the Code so violated. Each and every day
such violation continues shall constitute a separate offense and shall be punishable as such.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor,
engineer, planner, agent, or other person who commits, participates in, assists in, or maintains such violation
may each be found guilty of a separate offense and suffer the penalties herein provided.
Section 1.20 Relationship to Other Laws and Restrictions
It is not intended by this Land Development Code to interfere with or abrogate or annul any other resolution or
rule, regulation or permit, previously adopted or issued or which shall be adopted or issued, not in conflict with
any of the provisions contained herein; nor is it intended by this Land Development Code to interfere with or
abrogate or annul any easements, covenants or other agreements between parties; provided, however, that
where this Land Development Code imposes a greater restriction upon land, buildings, or structures than is
imposed by other ordinances, covenants, restrictions or agreements, then the provisions of this Code shall
govern. If other ordinances are more strict than this Code, then the more strict provisions shall prevail.
Section 1.21 Repeal of Conflicting Ordinances
All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only.
Section 1.22 Severability Clause
It is hereby declared to be the intention of the City Council of the City of Colleyville, that the sections,
paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence,
paragraph, or section of this Code shall be declared unconstitutional, such unconstitutionality or invalidity
shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Code since
the same would have been enacted by the City Council without the incorporation in this Code of any such
unconstitutional or invalid phrase, clause, sentence, paragraph or section.
Commented [BB15]: Current practice is 15 days
Land Development Code City of Colleyville, Texas
Chapter 1 – General Provisions Page 1 - 16
Section 1.23 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number Date Subject
O-03-1399 04/15/2003 500 foot notification for alcohol SUP requests
O-03-1414 09/02/2003 Sign Board of Appeals authority
O-10-1750 05-04-2010 Addition of Package Store SUP Requirements
O-17-2006 02/21/2017 Council approval for certain Mutual Access Easements
Land Development Code City of Colleyville, Texas
Chapter 4- Landscaping & Buffering Page 4 - 1
Chapter 4
Landscaping and Buffering
Rev. July 15, 2003
Section 4.1 Purpose of This Chapter
The purpose of this Chapter is to establish rules and regulations for the minimum placement of landscaping
materials in certain zoning districts.
Section 4.2 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the authority of Chapter 51 – General
Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt
ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce
of the municipality. This Chapter is also adopted under the authority of the Home Rule Charter of the City of
Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the
Constitution or the laws of the State of Texas.
Section 4.3 Applicability of This Chapter
The provisions of this Chapter shall be applicable as follows:
1. For all new construction; or,
2. W hen an existing building is proposed for remodeling, alteration, addition, or expansion, and the
proposed construction value exceeds fifty (50%) percent of the current appraised value of the existing
structures, excluding the value of the land; or,
3. When an existing building is proposed for an addition that will increase the square footage of the
existing building by twenty (20%) percent or greater; or,
4. As a requirement of the approval of a Special Use Permit or Planned Unit Development.
5. For purpose of this regulation, the value shall be that shown on the most recent tax roll of the Tarrant
Appraisal District.
Section 4.4 Variances and Appeals
Any person seeking approval of a development as required by this Land Development Code may request a
variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by
submitting a request using the procedures described in Chapter 1 of this Land Development Code.to the
Administrative Official. The City Council, after review and recommendation by the Planning and Zoning
Commission, shall have the authority to consider requests for a waiver or to hear and decide an appeal from
an administrative decision on a regulation. The City Council may approve, disapprove or modify such a
request provided that such approval or modification will not be detrimental to the public safety, health, or
welfare or injurious to other property. The applicant shall provide information to support a claim that there are
extraordinary hardships or practical difficulties which may result from strict compliance with the regulation or
that the public interest may be better served by an alternative proposal
Section 4.5 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 – Definitions of this Land Development
Commented [BB1]: Currently the ZBA; proposing
authority to the P&Z Commission and Council.
Land Development Code City of Colleyville, Texas
Chapter 4- Landscaping & Buffering Page 4 - 2
Code.
Section 4.6 Required Landscaping
For zoning districts “CPO, CN, CC1, CC2, CC3, ML, PUD-C, PUD-I” and institutional uses including churches,
schools and governmental facilities in any district.
1. Intent -The intent of this ordinance is that landscaping shall not be limited to only the application of
turf or grass; but landscaping shall include the coordinated planting (or retention) of grass, shrubs,
ground cover, flowering plants, and trees and the grading or moving of earth to form a visually
aesthetic and pleasing environment. The review of all site plans will consider the applicant’s efforts in
coordinating a variety of plant materials with the physical features of the property.
2. Landscaping Completed Prior to Issuance of Certificate of Occupancy - All landscaping shall be
installed prior to the issuance of a Certificate of Occupancy. A permanent Certificate of Occupancy
will be issued only when it is determined by the building official that all landscaping has been installed
in accordance with the approved landscape plan. If it is determined, by the Building Official that
planting of live material is hindered by adverse weather conditions, a temporary Certificate of
Occupancy may be issued for a period up to three months.
3. Required Landscape Mixture - Twenty percent (20%) of the total land area in any proposed
development shall be landscaped. At least fifty percent (50%) of the total landscaped area shall be
located in the street yard(s) (Exhibit “4-A”). In order to insure for a variety of plant materials the
following minimum requirements for grass, shrubs, and trees shall be provided:
a. All ground surfaces not used for buildings, sidewalks, roadways or other impermeable surfaces
shall be covered with live grass, turf, shrubbery, trees, ground cover, flowering plants or
appropriate mulching.
b. Shrubs: Shrubs shall be provided such that one 18” in height plant or five (5) gallon plant shall be
planted on-site for each five (5) lineal feet of public street rights-of-way located adjacent to the
property.
c. Trees: Landscaping shall include the retention or planting of one (1) three (3) inch caliper tree per
each forty (40) feet of street frontage on collector streets, or larger, as shown on the Master
Thoroughfare Plan, which shall be included in the twenty (20) percent required landscaping.
These trees are to be planted on along the street frontage.
d. Landscape Plans Required: Prior to the issuance of a building permit for any non-residential use,
a Landscape Plan shall be submitted, as an element of the required site plan, to the City Manager
or his appointed designee. The City Manager or his appointed designee, which may be either a
staff member or other official body of the City, shall review such plans and shall approve same if
the plans are in accordance with the criteria of these regulations. If the plans are not in
accordance, they shall be disapproved and shall be accompanied by a written statement setting
forth the changes necessary for compliance.
e. Content of Landscaping Plans: Landscaping Plans shall be prepared by a Texas Licensed
landscape architect. Landscape Plans shall contain the following information:
1. Minimum scale of one inch equals 40 feet except as approved by the City Manager or his
approved designee;
2. Location of all trees to be preserved;
3. Location of all plants and landscaping material to be used including paving, benches,
screens, fountains, statues, or other landscape features;
4. Species of all plant material to be used;
5. Size of all plant material to be used;
6. Quantity and spacing of plant material where appropriate;
7. A general layout and description of irrigation, sprinkler or water systems, including placement
Commented [BB2]: Clarification to applicability
Land Development Code City of Colleyville, Texas
Chapter 4- Landscaping & Buffering Page 4 - 3
of water sources as designed by a licensed irrigator;
8. Description of maintenance provisions for the Landscape Plan;
9. All Landscape Plans to be sealed by a Texas Licensed Landscape Architect;
10. Provide planting and irrigation specifications as part of the Landscape Plan;
11. Provide name and address of the owner, location of the subject property, surrounding zoning,
utility lines, water mains and easements, public or private streets and drives;
12. Provide a general grading and drainage plan.
f. Description of Planting Material: Landscape plant material may be selected from the following list,
however the applicant may use other plant material not listed if it is determined to be an
appropriate and functional element of the landscape plan.
1. Over-story Trees (Range from 30 to 60 feet)
Common Name Botanical Name Common Name Botanical Name
Bald Cypress Taxodium distichum Western soapberry Sapindus drummondii
Cedar Elm Ulmus crassifolia Post Oak Quercus stallata
Lacebark Elm Ulmus parvifolia Black Jack Oak Quercus marilandica
Pecan Carya illinoinesis Eastern Red Cedar Juniperus virginiana
Chinese Pistache Pistacia chinesis Southern magnolia Magnolia grandiflora
Bur Oak Quercus macrocarpa Slash pine Pinus elliotii
Red Oak Quercus shumardii Japanese black pine Pinus thunbergi
Sweet Gum Liquidambar styraciflau Austrian pine Pinus nigra
Green Ash Fraximus pennyslvanica Afgan pine Pinus eldarica
Live Oak Quercus virginiana
2. Accent Trees (Range from 10 to 20 feet)
Common Name Botanical Name Common Name Botanical Name
Redbud Cercis canadensis Crab apple Malus augustifolia
Crape myrtle Langerstroemia indica Deciduous holly Illex decidua
Yaupon holly Ilex vomitoria Flameleaf sumac Rhus copallina
Bradford pear Purus calleryana Cherry-laurel Prunus caroliniana
Texas sophora Sophora affinis Chase tree Vitex angus-castus
Wild plum Prunus americana
3. Shrubs (Range from 3 to 5 feet)
Common Name Botanical Name Common Name Botanical Name
Dwarf crape myrtle Langerstoemia indica
nana
Purple leaf japanese
barberry
Berberis thumbergii
‘atropurpurea’
Dwarf buford holly Illex cornuta ‘barfordii
Nana’
Pampus grass Cortaderia selloana
Dwarf Chinese holly Illex cornuta 'rotunda’ Nandina Nandina domestica
Dwarf yaupon holly Illex vomitoria ‘nanal’ Juniper Juniperus chinensis spp
Fraser's photinia Photinia Fraseri Fountain grass Pennisetum spp
Purple sage Leucophyllum frutescens
Land Development Code City of Colleyville, Texas
Chapter 4- Landscaping & Buffering Page 4 - 4
4. Ground Cover (Ranges from 18 inches)
Common Name Botanical Name
Juniper supp. Juniperus horizontalisd or procumbens
Periwinkle Vinca major
Monkey Grass Liriope muscaria spp
Asian jasmine Trachelospermun asiaticum
Confederate Star Jasmine Trachelospermun jasminoides
Monkey grass OP hipogon
5. Vines
Common Name Botanical Name
Coral honeysuckle Lonicera sempervirens
Carolina yellow jasmine Gelsemium semper
Lady banksia rose Rosa baksiae
Cross vine Bignonia capreolata
Sweet autumn clematis Clematis paniculata
Virginia creeper Parthenociassuss quinquefolia
Boston ivy Parthenociassus tricuspidata
6. Perennial and Annual Flowers
Common Name Botanical Name Common Name Botanical Name
Chrysanthemum Chrysanthemum spp Petunia Petunia hybrida
Canna Canna generalis Marigold Tagetes spp
Copper leaf Acalyopha Wilkesiana Tulip Tulipa spp
Periwinkle Catharanthus roseus Zinnia Zinnia spp
Iris Iris supp. Caladium Caladium hortulanum
‘candidum’ ‘pink beauty’
Lantana Lantana Camera Moss rose or portulaca Portulaca gandiflora
Daffodil Narcissus Jonquil,
Tazetta, & King Alfred
Wild Flowers
g. Landscaping Credit: Landscape credits may be applied to the overall landscape requirement,
as indicated in Section 4.54.6.3 Required Landscape Mixture. However, in no instance shall
the credits reduce the total amount of landscaping on a lot to less than fifteen (15) percent of
the total land area. Credits will only be allowed if they are maintained as a permanent
element of the landscape plan. Credits may be obtained as follows:
1. For each two (2) square foot of area that is landscaped in the public street right-of-way,
one (1) square foot of landscape credit will be applied to the overall landscaping
requirement.
2. For each one (1) square foot of area that is landscaped with flowering seasonal color, two
(2) square foot of landscape credit will be applied to the overall landscaping requirement.
3. Over and above the required shrub planting, for each newly planted shrub 18” in height or
contained in a five (5) gallon container, which is maintained in a living and growing
condition, fifteen (15) square feet of landscape credit will be applied to the overall
landscape requirement.
Commented [BB3]: Corrected cross-reference
Land Development Code City of Colleyville, Texas
Chapter 4- Landscaping & Buffering Page 4 - 5
4. Over and above the required tree planting, for each newly planted or existing tree of at
least three (3) inches in trunk diameter, measured twelve (12) inches above grade, which
is maintained in a living and growing condition, one hundred (100) square feet of
landscape credit will be applied to the overall landscape requirement. Planting of two (2)
ornamental trees of eight (8) feet in height shall receive the same landscape credit as
one (1) three (3) inch caliper tree.
5. Over and above the required tree planting, for each newly planted or existing tree of at
least six (6) inches in trunk diameter, measured twelve (12) inches above grade, which is
maintained in a living and growing condition, two hundred fifty (250) square feet of
landscape credit will be applied to the overall landscape requirement. Each additional
one (1) inch diameter of tree over twelve (12) inches shall receive twenty (20) square feet
of landscape credit.
h. Maintenance of Landscaping: All landscaping maintenance shall be the responsibility of the
property owner. The following minimum standards shall be required:
1. All landscaping shall be permanently maintained and shall have an underground irrigation
system installed by a licensed irrigator and must meet all applicable requirements of the
City.
2. Irrigation systems may be buried on public street rights-of-way. The City or any
franchised utility will not be responsible for damage to any landscaping material or
equipment while performing repairs of maintenance to its system. However, landscaped
right-of-ways shall be irrigated;
3. Landscaped areas shall be kept free of trash, litter, weeds and other such material or
plants not a part of the landscaping;
4. All plant materials shall be maintained in a healthy and growing condition as is
appropriate for the season of the year; and
5. Plant materials which die shall be replaced with plant material of similar variety and size
within a six (6) month period; and.
6. The maintenance requirement contained in this section shall be applicable regardless of
the tenant occupancy status of any buildings on the property. (Ord. O-03-1408 / 07/15/03)
i. Landscaping of Parking Lots: it is the intent of this section to encourage design and
construction of parking areas in a manner whereby areas within the parking lot are
landscaped as well as areas considered unusable for parking or maneuvering space. The
following minimum requirements shall be observed:
1. Parking lots shall contain a minimum of one hundred forty (140) square feet of
landscaped island per each eighteen (18) contiguous parking spaces required. This
landscape island is to include one (1) three (3) inch caliper tree.
2. Landscaped islands shall be irrigated by an underground system as indicated in
Paragraph h - Maintenance of Landscaping. Irrigation of all landscaped areas adjacent
to any parking and/or driving surfaces shall be accomplished such that a minimum
amount of water is applied to parking and/or driving surfaces.
3. All shrubbery, flowering plants, and trees planted in parking lot islands or adjacent to
parking lots shall be set back three (3) feet from any curb and that provides for "head-in"
automobile parking (Exhibit “4-B”).
4. Landscape material in parking lots shall include shrubs and trees or a combination
thereof, which in turn may be planted with a combination of grass, ground cover, and/or
flowering plants.
Land Development Code City of Colleyville, Texas
Chapter 4- Landscaping & Buffering Page 4 - 6
5. All landscaping within the parking lot shall be located within a landscape island or
module, delineated from the surrounding paved area by a curb or barrier, constructed of
masonry or concrete, of not less than six (6) inches in height around the perimeter of the
island or module.
6. At least three-fourths (3/4) of the tree drip line area must be in permeable area (See
Exhibit “4-C”).
7. For larger existing trees located in the parking area, which are being retained and
incorporated into the landscape plan, an appropriate aeration system or an alternative
method of protecting the tree must be provided and detailed in the landscape plan.
j. Landscaping Adjacent to Residential Districts: For any development in “C-PO", “CN”, “CC1”,
“CC2”, “CC3”, ”ML”, “PUD-C”, “PUD-I” and institutional uses including, churches, schools,
and governmental facilities (which includes all zoning) except residential districts and "AG"
used for residential and pure agricultural uses, zoning districts which abut districts zoned
residential or mobile home there shall be a minimum twenty (20) foot wide green belt of "live
plant material of the evergreen variety" which is expected to grow to six (6) feet height in two
(2) years, a minimum of three (3) feet in height at the time of installation and planted on six
(6) foot centers, for the entire distance along which the development abuts the residential
district. Where a fire lane is required, the green belt may be reduced to five (5) feet (Exhibit
“4-CD”). Exception: When adjacent to institutional uses in residential districts and “AG” used
for residential and pure agricultural uses.
k. Landscaping Adjacent to Colleyville Boulevard: For any development which abuts Colleyville
Boulevard there shall be a minimum twenty (20) foot wide landscaped green belt of "live plant
material”, exclusive of access drives. On corner lots, the twenty feet (20’) wide landscaping
green belt will wrap around to the depth of the property. This area may be planted with trees
and shrubs required at the front of the site noted elsewhere in this Chapter. Landscape
planting shall not be erected or installed in such a manner as to interfere with traffic view or
impose a safety hazard. (O-01-1295 / 08/21/01)
l. Special Permits; Appeals; Exceptions: Any person aggrieved by this ordinance may appeal
its effect to the Zoning Board of Adjustment City Council per Section 4.4 of this chapter on
the basis of hardship.
m. Existing Non-Conforming Uses and/or Structures: All uses that are in existence at the time of
this Landscape ordinance, which do not meet the requirements provided herein, will be
considered as being nonconforming to these landscape requirements. These nonconforming
uses/structures will be subject to the non-conforming provisions of Chapter 3 – Land Use of
this Land Development Code, unless otherwise provided for in this Section. A variance to
landscaping requirements may be granted, regardless of areas of noncompliance, upon
completion of the following:
1. Provide the City Manager or his appointed designee with a landscape plan prepared by
the landscape architect for review and approval.
2. Said landscape plan will illustrate a plan to landscape area as available, provide for
irrigation, and provide for completing the plan.
3. The installation of landscaping as indicated by the landscape plan is completed and
approved by the city manager or his appointed designee.
Commented [BB4]: Reworded paragraph to clarify intent
Commented [BB5]: Give authority to P&Z Commission
and City Council
Land Development Code City of Colleyville, Texas
Chapter 4- Landscaping & Buffering Page 4 - 7
Section 4.7 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number Date Subject
O-01-1295 08/21/01 Landscaping adjacent to Colleyville Boulevard
O-03-1408 07/15/03 Maintenance regarding building vacancy
Exhibit “4-A” - Street Yard Landscaping Requirements
Exhibit “4-B” Exhibit “4-C”
Landscape Requirement for Head-in Parking Description of Dripline
Land Development Code City of Colleyville, Texas
Chapter 4- Landscaping & Buffering Page 4 - 8
Exhibit “4-D”
Rear and Side Landscape Buffer Requirements
With Fire Lane Provided
Exhibit “4-E”
Rear and Side Landscape Buffer Requirement
Without Fire Lane Provided
Land Development Code City of Colleyville, Texas
Chapter 6-Building Design Page 6 - 1
Chapter 6
Commercial Design Standards
Amended 12/13/2011
Section 6.1 Purpose of This Chapter
The purpose of this Chapter is to establish rules and regulations for development of commercial and
institutional properties and for the exterior design and exterior building materials of commercial and
institutional buildings in all zoning districts.
Section 6.2 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the authority of the following:
1. Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which
authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good
government, peace, or the trade and commerce of the municipality.
2. Chapter 211 – Municipal Zoning Authority of the Texas Local Government Code, which authorizes a
municipality to divide a municipality into districts and, within each district, regulate the erection,
construction, reconstruction, alteration, repair, or use of buildings, other structures, or land.
3. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all
powers granted to municipalities by the Constitution or the laws of the State of Texas.
Section 6.3 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 – Definitions of this Land Development
Code.
Section 6.4 Building Design Standards
1. Applicability: For any new commercial and institutional buildings, or additions or alterations
exceeding 50% of the building improvement value based on the current certified tax roll, the following
standards apply. For institutional buildings, if no relevant appraisal data exists on the certified tax roll,
the building improvement value shall be obtained through an independent third party appraiser, paid
by the building permit applicant, and provided to the City.
2. Façade Articulation - All large commercial buildings shall have facades which comply with the
following requirements:
a. Horizontal Articulation – No building façade visible from a public street or parking area shall
extend horizontally greater than three (3) times the height of the wall without having an off-set of
not less than fifteen (15%) percent of the wall’s height as shown on the attached Exhibit “A”, and
such off-set shall continue for a minimum distance equal to at least twenty-five (25%) percent of
the length of the longest adjacent plane.
b. Vertical Articulation – No building façade visible from a public street or parking area shall extend
horizontally for a distance greater than three (3) times the height of the wall unless the wall
contains at least one of the following features and every front building façade shall have no less
than two of the following features:
Commented [BB1]: These standards taken from the Large
Commercial Building standards found in Chapter 3.
Land Development Code City of Colleyville, Texas
Chapter 6-Building Design Page 6 - 2
(1) Parapets which change the roof line. The parapet height shall be a minimum of fifteen (15%)
percent of the wall’s height, and such height change shall continue for a minimum distance
equal to at least twenty-five (25%) percent of the length of the longest adjacent plane.
(2) Overhanging eaves, extending no less than three (3) feet past the supporting walls.
(3) Sloping roofs that do not exceed the average height of the supporting walls, with an average
slope greater than or equal to one (1) foot of vertical rise for every three (3) feet of horizontal
run and less than or equal to one (1) foot of vertical rise for every one (1) foot of horizontal
run.
(4) Three or more roof slope planes.
(5) A covered walkway along a minimum of fifty (50%) percent of the front façade length.
3. Side and Rear Facade Features – Side and rear building facades, which are not visible from a public
street or parking area, shall include a minimum of three architectural changes, such as: (1) a
changing plane not less than five (5) feet in width and eighteen (18) inches in depth, (2) a surface
material change of not more than thirty (30) feet in length, as measured horizontally, or (3) a
combination of these elements.
Exhibit “A”
Façade Articulation
6.4. REQUIREMENTS
For any new commercial and institutional buildings or, additions, or alterations exceeding 50% of the
building improvement value based on the current certified tax roll , it shall be the duty of the administrative
official responsible for review of site plans to calculate the design score for all commercial and institutional
buildings as part of the building permit and site planning process. For institutional buildings, if no relevant
appraisal data exists on the certified tax roll, the building improvement value shall be obtained through an
independent third party appraiser, paid by the building permit applicant and provided to the City.
Paragraphs A through G are the basis for the design calculation to meet the requirements of the design
standards. The provided worksheet shall be attached to all commercial and institutional building plan
submissions for review. The final design will be evaluated by the staff on a pass/fail basis.
Commercial/Institutional Building Design Factors Work Sheet
A. Façade Articulation Variables (10 total possible points – See Figure 1 and 2 below)
Commented [BB2]: The calculations for building score are very
complicated and very hard to understand.
Land Development Code City of Colleyville, Texas
Chapter 6-Building Design Page 6 - 3
1. L = Length in feet of building perimeter visible from the street. ________ ft.
2. F = Length of the longest horizontal straight section of the exterior façade visible from the
street. ________ ft.
In order to determine that any two horizontal straight sections of wall in the same plane are
separate walls:
a. There shall be an intervening physical separation of space or other wall sections which
separate the two subject walls by not less than three feet.
b. The average offset distance of the intervening space and/or wall section shall be not less
than one foot from the subject plane.
c. The total perimeter beam length of the intervening space and/or wall section shall not be
less than five feet.
d. Materials used within the intervening separation may not be identical to materials used in
more than one of the two same plane test sections
e. Any two or more same-plane wall sections which do not meet all of the requirements of
Paragraphs a, b and c above shall be determined to be part of one complete wall section.
3. A = Articulation ratio or L/F = ____________
4. Ka = Articulation Score = A x 2 = _____________ (Sum)
Land Development Code City of Colleyville, Texas
Chapter 6-Building Design Page 6 - 4
B. Vertical Departure Variables (10 total possible points – See Figure 3 below)
1. P = Total surface area of a projection of all surfaces visible from the street and which are
relative to the four vertical planes of an imaginary cube which would enclose the building.
_________________ s.f.
2. R = Total surface area of a projection of all sloping or vertical surfaces visible from the street
of the building relative to the four vertical planes of an imaginary cube which would enclose
the building. ____________ s.f.
For the purpose of the calculation of “R”;
a. Buildings with principal wall sections which are generally rectangular must be aligned so
that principal wall sections are parallel to a face of the test cube.
b. Only those surfaces which slope at an angle of not less than 15 degrees nor more than
75 degrees from the vertical plane may be included in this area calculation.
c. Circular, convex or concave regular surfaces which are offset at the central point of the
curve by not less than one foot from the vertical surface and have a central angle of not
less than 60 degrees may also be included.
d. Q = Number of test cube vertical surface projections (1,2,3 or 4) visible from the street.
____________
3. V = Vertical departure ratio or R/P = ____________
4. Kv = Vertical Departure Score = 10 x V = ____________________ (Sum)
Land Development Code City of Colleyville, Texas
Chapter 6-Building Design Page 6 - 5
C. Shade Coverage Variables (10 total possible points – See Figure 4 below)
1. S = Total covered but unenclosed structural exterior area attached to the building as
measured in square feet on a horizontal plane. ____________ s.f.
a. The floor area of covered exterior balconies may be included. Attached canopies,
porches, verandas, and other shade oriented structural design features may also be
included.
b. The area under detached canopies shall be excluded.
2. G = Total area of the interior ground floor of the building. ____________s.f.
3. C = Shade coverage ratio or S/G = ______________
4. Kc = Shade Score = 100 x C = ________________ (Sum)
Land Development Code City of Colleyville, Texas
Chapter 6-Building Design Page 6 - 6
D. Horizontal and Diagonal Roof Planes Variables (10 total possible points – See Figure 5
below)
1. F = “F” as previously calculated in Paragraph A(2) above. _________
5% of F = ____________
2. E = Total visible horizontal and diagonal eave planes, ridge planes and/or parapet top planes
on the building. ______________
For the purpose of this paragraph:
a. Two eaves in the same horizontal plane but which are separated by not less than 5
percent of “F” shall be considered separate planes.
b. Two parapets in the same horizontal plane but which are separated by not less than 5
percent of “F” shall be considered separate planes.
c. A parapet with a wall length of less than 5 percent of “F” shall be considered a
crenellation and shall not be counted as a parapet.
d. For every five crenellations, regardless of elevation, one equivalent plane may be added
to the calculation of total planes. In like manner, one crenellation shall equal 0.2
horizontal / diagonal planes.
e. For an eave, canopy or mansard which overhangs the vertical surface of the building by
not less than 18 inches, one plane shall be counted for the outer edge of the eave and
one plane shall be counted at the intersection of the eave and the wall.
Land Development Code City of Colleyville, Texas
Chapter 6-Building Design Page 6 - 7
f. One plane shall be counted for each diagonal ridge or edge of a sloped roof and, if the
edge is also an eve which overhangs the wall by not less than eighteen (18”) inches it
shall be counted as two planes.
g. For mansards which wrap around a building corner, planes shall not be counted as
separate unless there are actual changes in elevation.
h. Two parapet tops which intersect at 90 degrees in the same horizontal plane shall be
counted as separate planes.
3. Q = Total # of surfaces visible from the street as identified in Paragraph B(2)(d) above.
____________
4. H = Horizontal / Diagonal Planes Ratio or E/Q = ________________ (Sum)
E. Fenestration Variables (10 total possible points)
1. W = Total number of windows, doors, and other openings into the structure through which
light may pass. _____________
For the purpose of this paragraph each opening must be framed on the sides, top and/or
bottom by structural building materials with a surface area equal in the aggregate to not less
than 50 percent of the surface area of the opening.
2. Q = As previously calculated in Paragraph B(2)(d) above. ______________
3. N = Fenestration Ratio = W/Q = ____________ (Sum)
F. Total Design Score: Add all sum scores above to reach a total design score. The submission will
be evaluated by the reviewer and a score provided. The reviewer will review as part of your
submission your scoring provided based upon your design submission.
Land Development Code City of Colleyville, Texas
Chapter 6-Building Design Page 6 - 8
G. Minimum Design Score Requirement: Notwithstanding any variance per Section 6.6 below,
the minimum design score for all commercial and institutional buildings constructed as provided
for by this chapter shall be 30 in all zoning districts, except that the design score may require a
higher or lower value as a condition of a Special Use Permit or Planned Unit Development zoning
district as authorized by the City Council.
Zone – CN CPO CC1 CC2 CC3 ML
Score – 30 30 30 30 30 30
Section 6.5 Exterior Building Color and Material Requirements
1. Exterior Surface Materials – A minimum of ninety (90%) percent of each exterior wall surfaces,
excluding door and window openings, shall be constructed of clay-fired brick, native stone, cast
stone, or a combination of these materials. Tilt - up concrete construction is permitted, provided the
exterior surface is covered with clay-fired brick, native stone, cast stone, or a combination of these
materials. Stucco and EIFS (Exterior Installation Finished System) are permitted for not more than
ten (10%) percent of the exterior surface. Concrete block, split-faced block or cinder-block shall not
be acceptable. Proposals for surface materials with similar durability and appearance of clay-fired
brick, native stone, or cast stone may be considered.Materials: The exterior walls of all commercial
and institutional buildings constructed as provided for in this chapter shall be composed of 100%
percent masonry, glass, or other equivalent material. However, building accents such as wood, EIFS,
Hardie Plank or decorative metal trim are permitted such they do not exceed 15 percent of the total
exterior wall surface area. Mixing of more than one type of masonry material for exterior walls is
encouraged. For the purposes of this chapter, approved non-glass, masonry materials may include
brick, finished concrete, stone (natural and man-made), and cementitious stucco. Unfinished concrete
masonry unit products such as cinder block or tilt-wall sections are permitted but must have an
architecturally finished surface such as split-face, rusticated, natural stone, etc.
2. Exterior Surface Colors – The exterior surfaces shall be of a natural finish, provided the colors are,
subtle, or neutral colors. Trim and accent areas may be painted and feature brighter colors, including
primary colors, but not more than ten (10%) percent of the wall surface area. High intensity or
fluorescent colors are prohibited.Color: Primary exterior wall colors shall contain natural colors that
reflect the natural environment of the cross-timbers prairie including soils and vegetation.
Fluorescent colors are prohibited. Building elevations showing the proposed exterior wall color shall
be submitted with the site plan application at the time of new construction as provided for by this
chapter. Any applicant for a building that does not meet the requirement of this section as
determined by the Community Development Director may request a variance to the Director’s
interpretation per Section 6.6 8 below.
a. For commercial and institutional buildings that exist as of the passage of this section, upon the
repainting and/or alteration of any structure, the paint and material color shall comply with section
2 above.
3. Exposed Columns – Exposed structural support columns shall be constructed of, or clad in, the same
material as the principal structure. Architecturally significant columns (e.g. fluted, etc.) may be
permitted.
Section 6.6 Additional Development Regulations
1. Low Solid Wall: A solid wall constructed of clay-fired brick, native stone, cast stone, or a combination
of these materials, not less than thirty (30) inches in height as shown on the attached Exhibit “B” shall
be provided where parking is provided adjacent to a street right-of-way. Said wall shall be
constructed generally parallel to and twenty (20) feet from the street right-of-way.
Commented [BB3]: Taken from the Large Commercial Building
standards in Chapter 3
Commented [BB4]: Corrected reference due to new sections
Commented [BB5]: Taken from the Large Commercial Building
standards in Chapter 3
Land Development Code City of Colleyville, Texas
Chapter 6-Building Design Page 6 - 9
2. Delivery / Loading Spaces – All delivery and loading spaces shall be screened from public view from
a street right-of-way or an adjacent residential property by an eight (8) foot to ten (10) foot tall solid
screening wall constructed of like material to the building. Additional evergreen planting materials
shall be provided so that no more than two-thirds of the surface area of the solid screening wall is
visible from the street or residential property. The live (evergreen) plant screening shall consist of
shrubs, a minimum of three (3) feet in height when planted, and which can be expected to reach six
(6) feet or greater in height within three (3) years of planting. Shrubs shall be spaced so that there
shall be no gap greater than four (4) feet between mature plant materials. No delivery or loading area
shall be operated between the hours of 11:00 p.m. and 6:00 a.m. Parking of delivery vehicles shall
not exceed 48 hours duration.
3. Outdoor Display Areas – Outside display of merchandise shall not be allowed unless allowed by a
Special Use Permit (SUP) approved by the City Council, provided that it shall be limited to an area
within eight (8) feet of the front wall of the primary building and further provided that emergency
pedestrian access to the building is not blocked. When allowed by SUP, no merchandise shall be
displayed between the hours of 11:00 p. m. and 6:00 a. m.
For purpose of this regulation, the front wall shall be the front containment wall of the structure and
not the front of an overhanging walkway cover.
4. Outside Storage and Sales Areas – There shall be no outside storage or outside sales areas of
landscaping materials, plants or general merchandise, except for an outside display area, as provided
in the above paragraph. For purpose of this regulation, nothing shall prohibit the sale or display of
landscaping materials, plants or general merchandise located behind an enclosed solid screening
wall constructed of like materials to the building, provided merchandise is not visible above the top of
the screening wall.
5. Cart Storage – All shopping cart storage areas shall be contained within the primary building.
Temporary shopping cart parking within parking areas shall be allowed, provided the temporary
enclosures shall be ornate and appropriately designed and that the carts are removed to within the
primary building on a frequent basis.
Solid Wall
Exhibit “B”
Section 6.7 Non-Residential Outdoor Lighting Requirements
A. Purpose
Efficient and effective outdoor night lighting benefits everyone and enhances the City's nighttime
character. New lighting technologies have produced lights that are extremely powerful, and these
types of lights may be improperly installed so that they create problems of excessive glare and
light trespass that reduce residents' privacy. Excessive glare can be annoying and may cause
safety problems. There is a need for lighting requirements that recognize the benefits of efficient
and effective outdoor lighting and provides clear guidelines for its installation so as to help
Commented [BB6]: New proposed Outdoor Lighting Standards
Land Development Code City of Colleyville, Texas
Chapter 6-Building Design Page 6 - 10
maintain and complement the City's character and which strives to provide linkage between the
built and natural environment and acknowledges and sustains the unique nature of the City's
corporate-commercial, suburban and rural lifestyles. Appropriately regulated, and properly
installed, outdoor lighting will contribute to the safety and welfare of the residents of the City.
B. Objectives
Outdoor lighting for nonresidential uses and multifamily uses has the following objectives:
1. It is intended to reduce the problems created by improperly designed and installed outdoor
lighting in those areas zoned for nonresidential uses and multifamily uses;
2. It is intended to eliminate problems of glare and minimize light trespass by establishing
regulations which limit the area that certain types of outdoor lighting fixtures can illuminate
and by limiting the total allowable illumination of lots located in the town;
3. All lighting installed in nonresidential uses and multifamily uses should be designed with the
idea of being a good neighbor, thereby eliminating or reducing unnecessary direct light from
shining onto abutting properties or streets;
4. It is the declared purpose of this subdivision that nonconforming luminaries be eliminated
and be required to conform to the regulations of this subdivision within a reasonable time.
C. Applicability
1. New fixtures or additional lighting. This subdivision shall apply to all installations of new
fixtures or additional lighting to any new or existing nonresidential or multifamily use or
structure.
2. Nonconforming Lighting. Luminaries installed prior to the adoption of the ordinance from
which this subdivision is derived shall immediately be re-aimed or shielded such that the
fixture no longer creates a nuisance as defined in section xx. Shielding may be
accomplished by louvers, baffles, visors, or shields placed on the luminaries, or any other
method whereby the light therefrom does not constitute a nuisance as defined in section xx
3. Exemptions:
(a) Street lighting installed by a governmental agency for public benefit on public rights-of-
way; or
(b) Public outdoor recreational sport fields and sport courts complex.
D. Enforcement
The enforcement of the rules and the provisions of this subdivision shall be by the Administrative
Official, or his duly appointed representative.
E. Measurement
1. Metering Equipment. Lighting levels shall be measured in footcandles with a direct-reading,
portable light meter.
2. Method of footcandle measurement. The meter sensor shall be not more than six inches
above ground level in a horizontal position. The reading shall be taken only after the cell has
been exposed long enough to provide a constant reading.
F. Prohibited Lighting
The following lighting is prohibited. No owner or occupant of land shall permit any of the following
conditions to exist:
1. An unshielded light source, including bare bulbs, above 15 watts, except for temporary
seasonal lighting;
2. The operation of searchlights, strobes, or pulsating lights;
3. The use of low pressure sodium bulbs as a light source;
Land Development Code City of Colleyville, Texas
Chapter 6-Building Design Page 6 - 11
4. The use of a partial cutoff light source;
5. The use of a drop lens;
6. Luminaires located within the compatibility buffer between dissimilar uses;
7. Any luminaire that produces a disability glare;
8. Any light or combination of lighting that creates a nuisance as defined in section xx;
9. Any lighting installed to illuminate an unimproved surface or private outdoor recreational
activities that exceeds requirements set forth in this statute without an approved variance,
as set forth in this statute.
G. Height for light pole standards
Maximum height for light pole standards shall be as follows:
1. In parking areas containing zero to 150 parking spaces, maximum height of lighting pole
standards shall not exceed 25 feet.
2. In parking areas containing 151 or more parking spaces, maximum height of lighting pole
standards shall not exceed 35 feet.
H. Building mounted lighting
All building mounted luminaires exceeding 15 watts shall be directed down with a full cutoff
fixture.
I. Floodlighting
1. Luminaires used for floodlighting shall not direct the luminance above the facade of the
object being lighted.
2. Spotlights and floodlights mounted overhead on poles or building walls and used for area
lighting, including but not limited to residential areas, shall be installed so that the fixture is
full cutoff as defined herein, with no light above 90 degree nadir.
J. Building Entry Points
At all building entry points average projected footcandle readings as determined by the point
method photometrics shall not exceed a measurement of five footcandles.
K. Canopy lighting
All canopy lighting shall be fully recessed fixtures with full cutoff lens and shall not exceed 45
footcandles at any point under the canopy.
L. Spacing
1. In parking areas containing zero to 150 parking spaces, minimum spacing of lighting pole
standards shall be no less than two times the height of the standard.
2. In parking areas containing 151 or more parking spaces, minimum spacing of lighting pole
standards shall be no less than four times the height of the light standard, a ratio of 4 to 1.
M. Parking area lighting
Parking area lighting shall not exceed a measurement of 15 footcandles at any point in the
parking area. The average projected footcandle reading as determined by the point method
photometrics shall not exceed two footcandles.
N. Residential Adjacency
Land Development Code City of Colleyville, Texas
Chapter 6-Building Design Page 6 - 12
Where properties with a residential use or zoning, other than Agricultural, are adjacent to a
commercial site, the maximum lighting intensity shall not exceed 0.5 footcandles.
O. Penalty
1. Any person violating any provision of this section shall be deemed guilty of a misdemeanor
and upon conviction thereof, shall be punished by a fine as provided in section 1-13. A
separate offense shall be deemed committed of each day during or on which a violation or
failure to comply occurs or continues to occur.
2. A footcandle reading, as performed in accordance with section 98-1124, in excess of those
amounts defined as a nuisance in section 74-3, shall be prima facie evidence of a violation
of this subdivision.
O. Variance
1. A variance as to the height restriction may be permitted by the town council for the
replacement of luminaries installed prior to the adoption of the ordinance from which this
subdivision is derived if such luminaires are damaged, destroyed, or otherwise become
inoperable.
2. A variance is permissible for such replacement luminaries only in those situations where
more than one luminaire existed prior to the adoption of the ordinance from which this
subdivision is derived. The town council may grant a variance, upon application by the
property owner or his designee, if the town council determines that the replacement of a
damaged, destroyed, or otherwise inoperable luminaire with a luminaire conforming to the
height requirement set forth in this subdivision would:
(a) Create a nuisance as defined in section 74-3; or
(b) Be aesthetically inconsistent with the remaining luminaires in determining whether a
replacement luminaire would be aesthetically inconsistent, the City Council may
consider the following factors:
- The location of the replacement luminaire on the subject property;
- The type of construction material of the replacement luminaire;
- The location of the subject property; and
- The outdoor lighting used on adjacent and surrounding property.
3. Notwithstanding these provisions, under no circumstances may the replacement luminaire
exceed 35 feet in height.
Q. Architectural lighting of buildings and structures
For spotlights and floodlights mounted at or near ground level and used to light a building wall,
sign, or other structure, the axis of illumination shall be adjusted to minimize the amount of light
escaping above, below, and to the side of the illuminated object.
R. Architectural lighting of landscaping
Landscape lighting installed for nonresidential uses and multifamily uses shall be installed
according to the following:
1. Any lighting that is to be placed in the canopy of a tree shall be directed in a downward
position to simulate natural light received by the area.
2. The fixture shall be shielded so that all of the light is directed downward and shall not be
directed toward the tree, to reduce light intrusion.
3. All proposed lighting that is to be placed in a tree shall be affixed to the trunk or branch
through the use of an adjustable bracketing system that will allow for the continued growth of
the tree.
Land Development Code City of Colleyville, Texas
Chapter 6-Building Design Page 6 - 13
4. The mounting height of landscape lighting shall not exceed 25 feet.
5. No lighting shall be bolted, nailed, or glued to the trunk or any appendages of the tree, and
such unauthorized attachment will be treated as a violation of chapter 94, Vegetation, of the
town's Code of Ordinances.
Section 6.6 6.8 Variances; Architectural Review Commission, City Council
A. A person may request a variance from a requirement contained in Chapter 6 – Commercial
Design Standards by filing said request with the administrative official. A request for a variance
shall be accompanied by a non-refundable application fee. A request for variance shall be
referred for consideration to the Architectural Review Commission (ARC) for a recommendation
to the City Council. The variance procedure shall proceed as follows:
1. Submit a variance application and pay applicable fee. No action shall be taken on any
application submitted to the ARC until all applicable fees have been paid in full. No refund of
any application fee shall be made after the request has been advertised and scheduled for
consideration by the Commission and City Council.
2. Not later than 30 days from date of the application, a quorum of the Architectural Review
Commission (ARC) shall convene a meeting to review the variance request;
3. Public Hearing and Written Notification – No action to approve or deny any application shall
be taken until the Commission has held a public hearing and received comment, and only
after written notice of the public hearing of the date, time and place where the variance
request is to be considered has been sent to the owners of real property lying within two
hundred (200) feet of the property where the application is being considered. Such notice
shall be given to each property owner as listed on the last approved tax roll not less than ten
fifteen (1015) days before the date set for hearing by depositing letters properly addressed
and postage paid in the United States Post Office
4. Appeal toFinal Action by City Council – The decision recommendation by the ARC shall be
finalforwarded to the City Council for final decision at the next available agenda for
consideration by the City Council., unless the applicant submits a written notice of appeal
within ten (10) days from the date of the action by the Commission. The administrative official
shall re-notify all property owners lying within two hundred (200) feet of the area being
considered and place the applicant’s appeal request on the next available agenda for
consideration by the City Council.
Section 6.7 6.9 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number Date Subject
O-11-1818 12/13/2011 Amendments to design standards; addition of exterior material and
color requirements; amendments to variance procedures and
addition of architectural review committee
Commented [EW7]: Re-number section
Commented [BB8]: Per Council direction, City Council to be
final approval/denial
Commented [BB9]: Standard policy today
Commented [EW10]: Re-number section