HomeMy WebLinkAboutPlanning and Zoning Commission Worksession-Agenda Packets-09/24/2018City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Worksession
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, September 24, 2018
6:15 PM
Executive Conference Room
Third Floor – City Hall
1.CALL TO ORDER
2.PRESENTATION AND DISCUSSION
2a Presentation and discussion of a Replat for Lot A1R1, Block 2, of the
Pleasant Oaks Estates Addition, located at 512 and 600 Leta Lane,
Case PC18014
2b Presentation and discussion of a zoning change from R40 Single
Family Residential district to PUDC Planned Unit Development
Commercial district on Tract 1, Abstract 1154, in the R H McEwing
Survey and Tract 1G, Abstract A1182, in the Less Homesite Survey,
located at 8060 Precinct Line Road, Case ZC18028
2c Presentation and discussion of a zoning change from PUDC Planned
Unit Development – Commercial district, PUDR Planned Unit
Development – Residential district, and ML Light Manufacturing
district to AG Agricultural district on Lot 1A, Block 12, of the
Longwood Estates at Ross Downs and Tract 1, Abstract 294 & Tract
4A3A, Abstract 591, in the Robert Chowning Survey, located at 7201
Colleyville Boulevard, Case ZC18030
2d Presentation and discussion of a zoning change from R40 Single
Family Residential district to R20 Single Family Residential district
on Lot C, McEwing Subdivision & 1B02A, 1B2, 1B3, and 1B4,
Abstract 1154, in the R H McEwing Survey, located at 712810
Lavaca Trail, Case ZC18033
2e Presentation and discussion of amendments to Chapter 2 –
Definitions and Chapter 3 – Land Use in the Land Development
Code, specifically to “Short Term Home Rental”, Case GC18008
3.ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards September 21,
2018 by 5:00 p.m.
Planning and Zoning
Commission Agenda September 24, 2018
City of Colleyville Page 2
Araceli Botello
Planning Technician
A quorum of the Colleyville City Council may be in attendance at this
meeting.
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.
LE TA L A N E
513505 601 609 613
608508
513 601
512 600
509
504
501
605 609
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.
PC18-014 K
Subject Property
512 and 600 Leta Lane
BEVERLY DRIVE
SUELLENCIRCLE
LE T A L A N E
R-40
R-10
R-10
513
617
612 700608
701
512
512
508
705
505
704
705
600
608
504500
601
704500508
604 616
612
701
600
609 613
704700
608508
513 601
512 600
509
504
5705
501
5701
605 609
702
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.
PC18-014 K
Subject Property
512 and 600 Leta Lane
B R A N S F O R D R O A D
COLLEYVILLE TER
SUELLENCIRCLE
O A K L E I G H L A N E
BEVERLY DRIVE
LE TA LANE
513
405
709
605
705
617
800
5904
605
612 700
601511
513
608
701
512
5700
701
512
512
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705
6000
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505
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705
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600
801
608
504500
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613
601
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705 709
800
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509
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513
400
601
512 600
404
5604
509
504
5710
5712
5704 5705
501
5701
605
5608
609
402
56125608
702
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.
PC18-014 K
Subject Property
Resid ential
512 and 600 Leta Lane
Pl
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S T E R L I N G D R I V E
LAVACA TRAIL
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K A Y S C O U R T
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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.
ZC18-028 K
Sub ject Property
Prope rties O utside the City Limit
8060 Precinct Line Road
S T E R L I N G D R I V E
LAVACA TRAIL
CH ANT AL LANE
P R
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K A Y S C O U R T
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R-40
R-20
R-20
PU D-C
CC-2 R-20
PU D-C
PU D-C
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1101
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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.
ZC18-028 K
Subject Property
Properties Outside the City Limit
8060 Precinct Line Road
S T E R L I N G D R I V E
LAVACA TRAIL
CH ANT AL LANE
P R
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C I
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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.
ZC18-028 KSubject Property
Sales Tax Prefe rre d Intersection
Re sid ential
Co mmercial
Ope n Spa ce; Parks
Prope rties O utside the City Limit
8060 Precinct Line Road
7 September 2018
Mr. Ben Bryner, AICP
Director of Community Development
City of Colleyville
100 Main Street
Colleyville, Texas 76034
Re: Zoning Application
Proposed Self Storage Development
8060 North Precinct Line Road
Dear Mr. Bryner,
Please accept this letter in fulfilment of the zoning application provision for Statement of Planning Objectives,
Development Schedule, Proposed Ownership and Economic Information.
STATEMENT OF PLANNING OBJECTIVES:
The project consists of 6.378 acres located along North Precinct Line Road and is configured in two tracts.
Tract One contains 148,047 square feet (3.399 acres) and Tract Two contains 129,781 square feet (2.979
acres).
TRACT ONE:
The planning objective for Tract One is to develop a high quality self-storage facility. Storage facilities have
changed significantly over the past 20 years reflecting the evolution of the asset type from a low-quality light
industrial use to very high-quality retail service business. W hereas many early self-storage customers used
storage for short term, transitory reasons, the majority of contemporary storage customers secure storage
space for ongoing, space making reasons. These customers as well as others desire well located facilities
near where they work and live. Storage use is much higher per capita today than twenty years ago.
Storage development has changed to meet this market demand by providing higher quality facilities with
architecture compatible with the high-end retail locations in which they reside. Advantage has since 1996
been on the leading edge of this evolution, developing state-of-the-art facilities in very high profile, retail
locations.
The characteristics of the storage project are proposed to be:
x The project will be situated on a 3.399 acre site with 38’ of North Precinct Line Road frontage.
x The project consists of two, two-story building and four single story buildings containing
approximately 87,225 gross SF configured to provide approximately 71,175 net rentable square feet
of storage consisting of approximately 625 individual storage units containing between 25 and 300
square feet.
x Approximately 65% of the net rentable area will be climate controlled, appealing to the higher
household income in which the project resides.
Statement of Planning ObjectivesStatement of Planning Objectives
x The buildings fronting North Precinct Line Road will be two-story with maximum 29.5’ height. This
allows the architecture of the building to replicate typical retail scale and incorporate interesting
architectural features.
x All remaining buildings will be single story and will be oriented toward interior drives and will not
exceed 15’ in height. Drive visibility from North Precinct Line Road will be minimal, and no door
openings will be oriented toward the perimeter of the project.
x The rental office for the facility will be in the front building.
x There will be no resident manager living on site
x The project will include state-of-the-art security features including CCV cameras and tenant only
access via digital gate and building controls.
x Project signage will be a combination of masonry monument sign and building signage conforming to
ordinance.
x Landscaping will conform to or exceed ordinance requirements, and will be concentrated on the
project perimeters, most visible to the neighboring properties and the public.
x Adequate space has been provided for engineered storm water detention and public utility
extensions as may be required.
TRACT TWO:
Tract Two contains 2.979 acres and will be zoned to provide for CC-2 Shopping Center uses. The tract is
approximately 250’ deep which is ideal for small commercial and retail users. Although the actual users
have not yet been identified and therefore the precise building layout cannot be determined, the Conceptual
Development Plan depicts the likely configuration of three pad sites for retail and restaurant users. The
planning objective for Tract Two is to provide ideal lot depth to promote retail development and to provide an
access and utility plan to fully develop the tract. Additionally, the planning objective is to provide
construction standards to insure uniform, high quality development. Standards include the following:
x Requirement for increased use of natural stone in building facades.
x Enhanced requirement for landscape buffer along North Precinct Line Road.
x Enhanced requirement for landscaping adjacent to retail buildings.
x Enhanced requirement for landscaping in parking areas.
x Enhanced requirement for uniform monument signs.
DEVELOPMENT SCHEDULE:
x Platting and Site Plan Approval will commence immediately upon zoning approval.
x Storage building permit will occur approximately 120 days following zoning approval.
x Storage completion will occur approximately 14 months following zoning approval.
x Market demand will determine retail pad site development.
PROPOSED OWNERSHIP:
The storage project will be owned by a single asset limited liability company managed and controlled by
Advantage Self Storage Advisors, LLC, a Texas limited liability company owned by Rick Jones and Davis
Deadman.
ECONOMIC INFORMATION:
The prosed project will provide the following positive economic impact:
x Property tax valuation will likely increase from the current level of $357,550 to approximately
$7,500,000 upon completion of the facility. The increase in property value will provide
approximately $167,000 in additional tax revenue, most of which stays in the local community via
the city, school system and county.
Statement of Planning ObjectivesStatement of Planning Objectives
x The configuration of the proposed site is strategically conceived to promote retail and commercial
development on the pad-depth property remaining in front of the facility. The current 6-acre parcel
of which the storage facility is a portion is 545’ deep. This is a size and depth that is awkward for
small to mid-size business who would typically locate on this mid-block commercial corridor and
does not promote development. The site plan provides remaining retail parcels with +/- 250’ depth,
near ideal for small business and pad-site development. The property owner is understandably
very hesitant to sell front parcels currently because of the limited use and marketability of the back
portion of the land. With the storage development taking mainly the back portion, front parcels will
likely be quickly developed placing the entire six acres into economic production.
x The storage facility will provide limited sales tax revenue via the sale of packing and moving
supplies.
x The storage facility will have approximately 2-3 employees.
Kindest Regards,
Rick Jones
Attachment: Draft PD Ordinance
Statement of Planning ObjectivesStatement of Planning Objectives
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ORDINANCE O-18-XXXX
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 6.378 ACRES ON TRACT 1, ABSTRACT 1154, IN THE R H
MCEWING SURVEY, LOCATED AT 8060 PRECINCT LINE ROAD FROM
THE R-40 SINGLE FAMILY RESIDENTIAL DISTRICT TO THE PUD-C
PLANNED UNIT DEVELOPMENT – COMMERCIAL ZONING DISTRICT;
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. ZC18-028; 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 13
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 6.378 acres on Tract 1, Abstract 1154, in
the R H McEwing Survey, located at 8060 Precinct Line Road from
the R-40 Single Family Residential zoning district to the PUD-C
Planned Unit Development – Commercial zoning district, 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. The purpose of this PUD-C is to allow for a self-storage
facility totaling approximately 87,225 square feet and the
future development of three (3) retail/restaurant lots.
b. This development shall be generally consistent with the
Statement of Planning Objectives, Exhibit “B”.
c. The proposed development is subject to CC-2 Shopping
Center zoning district and all the associated regulations
contained in the Land Development Code, except as
amended by this Ordinance.
Ordinance O-18-XXXX
Page 3 of 13
2. DEVELOPMENT PLAN
a. The development shall be generally consistent with the
conceptual site plan and landscaping plan, Exhibit “C”.
3. PERMITTED USES
a. Uses shall be those allowed in the CC-2 Shopping Center
zoning district.
b. The self-storage use shall be a permitted use on Tract 1.
4. Lot Width
a. The minimum lot width allowed shall be +/- 38 feet at the
property line.
5. BUILDING DESIGN
a. The self-storage facility shall be as shown on the building
elevations Exhibit “C”. Tract 2. Shall be generally consistent
with the building elevations, Exhibit “C”.
6. FENCING AND BUFFERYARDS
a. The buffer yard along the rear (east) property line shall be a
minimum of twenty-five feet.
b. In lieu of a perimeter wall, the rear of the self-storage
buildings shall be used.
7. Tree Preservation Standards
a. On Tract 1, minimum tree preservation standards will not be
met per this PUD.
b. On Tract 2, tree preservation shall be reviewed per Chapter
5 of the Land Development Code prior to development of any
lot within the tract.
8. PARKING
Ordinance O-18-XXXX
Page 4 of 13
a. A total of nine (9) parking spaces shall be required for Tract
1.
b. A total of one hundred thirty-seven (137) shall be required
for Tract 2.
9. MONUMENT SIGN
a. Shall be approved as shown on Exhibit “C”.
Sec. 5.
THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive
Zoning Ordinance of the City of Colleyville as heretofore amended,
and as amended herein.
Sec. 6. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance of
the City of Colleyville, and upon conviction shall be punishable by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00)
for each offense.
Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion
so decided to be invalid or unconstitutional.
Sec. 8. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 9. THAT it has been found that there has been a change in conditions
in the above described property, it is now necessary that it be
given the above zoning classification in order to permit its proper
development and in order to protect the public interest, comfort
and general welfare, and requires that this ordinance shall take
effect immediately from and after its passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 5th day of
November 2018.
Ordinance O-18-XXXX
Page 5 of 13
The second reading and public hearing being conducted on the 11th day of
November 2018.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the 11th day of November 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
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” –Site Plan and Building Elevations
Drainage Plan
Landscape Plan
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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.
ZC18-030 K
Subject Property
7201 Colleyville Blvd
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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.
ZC18-030 K
Subject Property
Properties Outside the City Lim it
7201 Colleyville Blvd
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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.
ZC18-030 KSubject Property
Resid ential
Colleyville Blvd Corridor
Ope n Space; Parks
7201 Colleyville Blvd
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6420
6106
6056136423
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6304
611
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6300
725
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6026412
6208
501
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6420
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729
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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.
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ZC18-033 712 - 810 Lavaca Trail
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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.
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ZC18-033 712 - 810 Lavaca Trail
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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.
KSubject Property
Residential
Commercial
Open Space; Parks
ZC18-033 712 - 810 Lavaca Trail
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ORDINANCE NO. O-18-XXXX
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
THE LAND DEVELOPMENT CODE, CHAPTER 2, SECTION 2.5
“DEFINITIONS OF THE LAND DEVELOPMENT CODE”, ADDING A
DEFINITION FOR “SHORT TERM HOME RENTAL”; AMENDING THE
LAND DEVELOPMENT CODE, CHAPTER 3 “LAND USE”, TABLE 3.24.B
“SCHEDULE OF PERMITTED USES”, BY ADDING “SHORT TERM HOME
RENTAL” UNDER RESIDENTIAL ACCOMMODATION USES, ACCESSORY
USES, AGRICULTURAL USES, AND RETAIL AND SERVICE USES;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR A VIOLATION OF THIS
ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,the short term home rental of a property in the City of
Colleyville; with its attendant traffic, parking, noise, liter and the
influx of non-residents into residential areas is incompatible with
the intent of residential districts in the City and the desires and
expectations of the City’s residents and is contrary to the long-
standing character of the community; and
WHEREAS,the short term home rental in residential areas of the City poses
a risk of increased traffic, noise, public nuisances, disruption of
neighborhoods, and additional enforcement related issues; 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 add language defining short term home rental within the
Land Development Code; and
WHEREAS,the Planning and Zoning Commission and the City Council have
found that the characteristics of short term home rentals are
such that the public interest, safety and general welfare are best
served with the prohibition of such short term home rentals
within residential districts.
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, 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
Ordinance O-18-XXXX
Page 2 of 3
of the City of Colleyville is of the opinion that said change in the
Land Development Code of the City of Colleyville 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 Chapter 2, Section 2.5 “Definitions of the Land
Development Code” of the City of Colleyville is hereby amended
to add a definition for “Short Term Home Rental” to read, in
relevant part, as follows:
“…
Shrubs. Woody plants which grow vertically in a multi-
branched pattern.
Short Term Home Rental. The rental of all, or any portion
of, a dwelling or accessory building for compensation for the
purpose of overnight lodging for a period of not less than
one night and not more than 30 consecutive days, other
than an ongoing month-to-month tenancy granted to the
same renter as their primary residence. The term shall not
include a hotel or bed and breakfast lawfully operating with
a current certificate of occupancy issued for such use.
…”
Sec. 3.THAT the Land Development Code of the City of Colleyville,
Texas, Chapter 3 “Land Use”, Table 3.24.B “Schedule of
Permitted Uses” is hereby amended to read, in relevant part, as
depicted in the attached Exhibit “A”, by adding “Short Term
Home Rental” to the list of uses in the categories of “Residential
Accommodation Uses”, “Accessory Uses”, “Agricultural Uses”,
and “Retail and Service Uses”, with nothing marked within the
Residential Cells of AH through MH to indicate the use is not
allowed within those districts, as depicted in the attached Exhibit
“A”.
Ordinance O-18-XXXX
Page 3 of 3
Sec. 4.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. 5.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. 6.
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.
THAT this Ordinance shall become effective immediately upon
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day of
2018.
The second reading and public hearing being conducted on the day of
2018.
PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___
ABSTENTIONS ON THIS THE DAY OF 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:
Ordinance O-18-XXXX
Page 4 of 3
Whitt L. Wyatt
City Attorney
7.20.18 Draft TM101189
Exhibit “A”- Amendments to Table 3.24.B - Schedule of Permitted Uses
…
Table 3.24.B- - Schedule of Permitted Principal Uses
Residential District Non-Residential
DistrictsLand Use Classification
AG RE R4
0
R3
0
R2
0
R1
5
RD RM
F
MH
CP
O
CN CC
1
CC
2
CC
3
ML
Special Land
Use
Standards or
Section Ref.
Parking
Group
A. RESIDENTIAL ACCOMMODATION USES
…
Private (HOA) Recreational Facilities P P P P P P P P 9 5
Short Term Home Rental S S S S S S n.a.25
…
B. ACCESSORY USES
…
Servants or Caretakers Quarters P P S S S S 16 1
Short Term Home Rental S S S S S S n.a.25
C. AGRICULTURAL USES
…P S 17 25
Roadside produce stands (year round)S S S S S S S S S n.a.
Short Term Home Rental S S S S S S n.a.25
…
G. RETAIL AND SERVICE USES
…
Shoe Repair Shops P P P P 13 n.a.
Short Term Home Rental S S S S S S n.a.25
…
ORDINANCE NO. 2018-065
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ADOPTING A NEW ARTICLE VI TO
CHAPTER 14 OF THE CODE OF ORDINANCES
REGARDING SINGLE-FAMILY DWELLING TRANSIENT
RENTALS; REPEALING CONFLICTING ORDINANCES;
PROVIDING A PENALTY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine is authorized to adopt and enforce ordinances
necessary to protect health, life, and property to preserve good government and the
security of its inhabitants; and
WHEREAS, the City of Grapevine has adopted a comprehensive Zoning Ordinance
to regulate the location and use of buildings and land in full accordance with Chapter 211
of the Local Government Code; and
WHEREAS, single-family dwelling transient rentals have been identified in the
City's Zoning Ordinance since at least April 18, 2000, with the adoption of Ordinance No.
2000-47; and
WHEREAS, single-family dwelling transient rentals are not currently listed as a
permitted use in any Zoning District within the City; and
WHEREAS, there has been a proliferation of single-family dwelling transient
rentals within residential areas of the City; and
WHEREAS, single-family dwelling transient rentals do not fit in or fall under the
definition of single-family attached dwelling or single-family detached dwelling under the
Zoning Ordinance; and
WHEREAS, single-family dwelling transient rentals are not consistent with the
character or nature of single-family residential uses under the Zoning Ordinance; and
WHEREAS, single-family dwelling transient rentals are not suitable in residential
neighborhoods, are not compatible with residential uses, and the neighborhood adjacency
of single-family dwelling transient rentals in residential neighborhoods is harmful; and
WHEREAS, in the absence of being listed as a permitted use in any Zoning
District, single-family dwelling transient rentals are prohibited under the City's Zoning
Ordinance; and
WHEREAS, single-family dwelling transient rentals in the City of Grapevine, with
their attendant traffic, parking, noise, litter, and the influx of non-residents into residential
areas is incompatible with the intent of residential districts in the City and the desires and
expectations of the City's residents and is contrary to the long-standing character of the
community; and
WHEREAS, single-family dwelling transient rentals in residential areas of the City
pose a risk of increased public nuisances, disruption of neighborhoods, and additional
enforcement related issues; and
WHEREAS, the City's Police Department has responded to multiple calls for service
at known addresses of single-family dwelling transient rentals in residential areas of the
City; and
WHEREAS, the calls for service attributable to single-family dwelling transient
rentals in residential areas of the City include noise, parking, and disturbance complaints;
and
WHEREAS, the increase in calls for service attributable to single-family dwelling
transient rentals in residential areas of the City result in an additional burden on the Police
Department; and
WHEREAS, the City of Grapevine City Council has determined that it is a
necessity to regulate activities as provided for herein to safeguard the public; and
WHEREAS, the City of Grapevine is authorized by law to adopt the provisions
contained herein; and
WHEREAS, the City Council of the City of Grapevine deems the passage of this
ordinance as necessary to protect the public, health, safety, and welfare; and
WHEREAS, the City Council is authorized by law to adopt the provisions contained
herein, and has complied with all the prerequisites necessary for the passage of this
Ordinance, including but not limited to the Open Meetings Act.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. That a new Article VI to Chapter 14 is hereby adopted and added to
the Code of Ordinances as follows:
Ordinance No. 2018-065 2
ARTICLE VI. SINGLE-FAMILY DWELLING TRANSIENT RENTALS
14-150 - Definitions
Single-family dwelling transient rental—The rental or offer for rental of any dwelling or any
portion of a dwelling for a period of less than 30 days.
Rental —The renting, bartering, trading, letting or otherwise allowing the use of a dwelling
or room or rooms within a dwelling for compensation. This shall not restrict, limit or
interfere with any homeowner from participating in a leaseback upon the sale of a dwelling.
Leaseback—An arrangement where the seller of a home leases the home back from the
purchaser. In a leaseback arrangement, the specifics of the arrangements are typically
made prior or immediately after the sale of the home.
14-151 - Single-family Dwelling Transient Rentals Prohibited
All single-family dwelling transient rentals are hereby prohibited and unlawful within the City
of Grapevine."
Section 3. That City staff is hereby directed to proceed with a notice and
enforcement initiative as to single-family dwelling transient rentals.
Section 4. That all ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or effect; provided,
however, that the ordinance or ordinances under which the cases currently filed and
pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed
only when all such cases filed and pending under such ordinance or ordinances have been
disposed of by a final conviction or a finding of not guilty, nolo contendere, or dismissal.
Section 5. Any person, firm or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed finro thousand dollars ($2,000.00)and a separate offense shall
be deemed committed upon each day during or on which a violation occurs or continues.
Section 6. If any section, article, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereto any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares it
would have passed such remaining portions of the ordinance despite such invalidity,which
remaining portions shall remain in full force and effect.
Section 7. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the public creates an emergency which requires that this ordinance
become effective from and after the date of its passage, and it is accordingly so ordained.
Ordinance No. 2018-065 3
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS on this the 4th day of September, 2018.
APPROVED:
Mayo
William D. Tate
ATTEST
O
GRAP F,
2
G
i i m
W x
a
Tara Brooks y
City Secretary
APPROVED AS TO FORM:
City Attorney
Ordinance No. 2018-065 4
Property Rental in Colleyville
City Council Worksession
TBD 2018
Flow Chart: Current Situation
Rental of an entire
single-family
property
Allowed if rental is
for another single-
family use
Rental of an
accessory structure
(no stove/oven)
Rental of an accessory
structure “dwelling
unit” (with stove/oven)
Rental of a single
bedroom in a
single-family home
Not allowed; use
by single-family
occupant only
Not allowed; accessory
dwelling units only
permitted by SUP for
family or care-takers
Bed & Breakfast
Not currently
regulated; has
been allowed in
practice
Allowed with SUP
(25% or less of
home)**
* No current ordinance on long or short term rental properties as long as the entire property is being leased or rented
** B&B definition could benefit from updating to make regulation easier (not many people identify themselves as a
“tourist lodging service”)
Local Regulation Overview
•The short term rental (STR) market is growing rapidly. The DFW metro experienced an
approximately 40% increase in the number of short term rental (STR) listings over the past
year. The Austin and Houston metro areas were even higher.
•In 2017, the Texas Legislature considered a bill to prohibit cities from regulating STRs in the
last legislative session. The measure ultimately failed by a narrow margin.
•Several Texas cities have recently discussed and/or passed stand-alone ordinances
specifically defining and regulating STRs.
City Regulation Comparison
CITY ADOPTED REGULATION
Austin, Texas*Comprehensive Short Term Rental Licensing, Limits or Prohibits Units by Location & Hotel Occupancy Taxes
Houston, Texas Incorporated into the Hotel and Motel Ordinance, Building/Housing Standards Apply & Hotel Occupancy Taxes
Coppell, Texas Comprehensive Short Term Rental Licensing, Requires Inspections, C.O.’s & Hotel Occupancy Taxes
Ft. Worth, Texas Prohibits Short Term Rentals Less than 30 Days in All Zoning Districts (underground market continues to grow)
New Braunfels, Texas Comprehensive Short Term Rental Licensing, Prohibited in Residential Areas Altogether.
Southlake, Texas Prohibits all Short Term Rentals
Galveston, Texas Limited to Registration and Hotel Occupancy Taxes
* City of Austin is involved in a lawsuit brought by homeowners challenging the city’s regulations. The Texas Attorney General
joined the suit on the side of homeowners.
Local Regulation Categories
General Moderate Strict
•License +
Fees
•Noise Regs
•Parking Regs
•Taxes
•C.O. Required
•Limit
Occupants
•Limit Density
•Limit Location
•Inspections
Main Regulation Categories
•Licensing Regulations
•C.O. Requirements
•Zoning (Area and Density Restrictions)
•Restrictions on Number of Occupants
•Noise and Parking Regulations
•Fire Safety Requirements
•Rental Unit Inspections
Level of Local Regulation by Category
Options
•Maintain current regulations and enforce existing rules for issues such
as noise, parking, etc…
•Amend current bed and breakfast/hotel regulations to address STRs
•Adopt a stand-alone ordinance regulating STRs (i.e., general, moderate,
or strict ordinance)