HomeMy WebLinkAboutOrdinances (Ordinance O-18-2053)-08/21/2018ORDINANCE 0-18-2053
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 1 - GENERAL PROVISIONS AND CHAPTER 4 - LANDSCAPING
AND BUFFERING OF THE LAND DEVELOPMENT CODE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT
TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-
00-1214 on April 18, 2000, adopting the Land Development
Code;and
WHEREAS, the City of Colleyville desires to amend Chapter 1 - General
Provisions and Chapter 4 - Landscaping and Buffering of the
Land Development Code as part of a comprehensive review of
the Land Development Code; and
WHEREAS, notice of a public hearing before the City Council was published
in a newspaper of general circulation in Colleyville at least 15
days before such hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT Chapter 1 - General Provisions and Chapter 4 - Landscaping
and Buffering of the Land Development Code are hereby amended
to read as depicted in the attached Exhibits "A" & "B".
Sec. 2. 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. 3. 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.
Ordinance 0-18-2053
Page 2 of 2
Sec. 4. 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. 5. THAT this ordinance shall take effect immediately from and after
its passage.
Sec. 6. THAT all other provisions of the Land Development Code shall
remain in full force and effect, except as amended herein.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 2nd day of July
2018.
Tabled to the second reading and public hearing being conducted on the 21ST
day of August 2018.
PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 21ST
DAY OF AUGUST 2018.
Mayor Richard Newton Ave Mayor Pro Tern Bobby Lindamood Aye
Place 1, Tammy Nakamura Aye Place 5, Chuck Kelley Aye
Place 3, Kathy Wheat Aye Place 6, Callie Rigney Ave
Place 4, George Dodson Ave
ATTEST:
Christine Loven, TRMC
City Secretary
( OnFeCOL\LEYVILLE
Richard Newton
Mayor
APPRO TO F RM AND LEGALITY:
hitt L. Wyatt
City Attorney
Exhibit "A"
{Chapter 1}
Exhibit "B"
{Chapter 4}
Chapter 7
General Provisions
* Senice * Innovation
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.
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.
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;
- ............
Chapter 7 General Provisions Page 1 1
100 Main Street * Colley%alle, Texas 76034 * 817 503.1000 * Colleyville.com
Land Development Code City of Collevville Texas
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
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
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 — General Provisions Page 1 - 2
Land Development Code City of Collew.1. Texas
1.9.0 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
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
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
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.
Chapter 1 - General Provisions Page 1 - 3
Land Development Code City of Colleyville Texas
Approval Authority for Waiver, Variance and Appeal Requests
Chapter Title City Council i p Z ZBA Sign Board I
Commission
Staff
Chapter 2-Definitions
N/A
N/A
See
N/A
N/A
.--- ---.___.— -----. ...—....
___-__._ .
Section 1.16
Chapter3 Land Use
See
N/A
-____.__...-----------
N/A
--....---
N/A
Section 1 13
Secton 1 16
I
Chapter 4 -Landscaping & ---
..------
See Section 4 4
Section 4.4
N/A
_
.. ._..._.. ......-----'
N/A
---...-----
N/A
Buffering
;See
I
....------
Chapter 5 Tree Preservation
See - ____
See...----
------
N/A
- __.__
N/A
...._.._......---
N/A
Section 1 13
Section 1.74
Chapter 6 -Building Design
_.__
See
Section 1 13
See
1.14
N/A
N/A
N/A
Chapter 7- Sign Regulations
...._....
See
_Section .---.......
N/A
......—. ..
N/A
............
See
..-- ----
N/A
........_. __
Section 1 13
Section 1 15
...._..
Chapter 8 Platting Procedures
. __.. ___.
See
...
See Section
............
(except_perimeter, streetsL_._
Section 1 13
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 &
_
-. ......__-_
See
_--------!
................--
Re uired Faalities
.-----p..
Section 1 13
N/A
N/A
N/A
N/A
.---- - ----
Cha ter 10 - Private Streets &
------- ....___
See
... . ............
N/A
-----_---
..........-----
Entrance Gates
- ---- --_.----
Section 1.13
N/A
N/A
N/A
Chapter 11 Park Land
- _.. ... ..........
See
...._
---.....-_
_.................._..
Dedication
. .._...... �.
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
.......... —
Section1.13
_
N/A
----
N/A
N/A
N/A
__. ...
Chapter 14 Engineering Design
. .......... .. ----- -------.
..— .............
Section 1 13
N/A
.._.__..
N/A
N/A
___........ ................
N/A
....
Chapteic Works
...----.. ..............
Section 1 13
- .....
N/A
......
N/A
_..._........ ...............
N/A
-_................... .
N/A
Construction Details
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, 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.
C. The City Council shall have the authority to take action relative to the continuance or discontinuance of
a nonconforming use. The City Council has jurisdiction to:
Chapter 1 - General Provisions Page 1 - 4
Land Development Code City of Collevville Texas
1. 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.
2. 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.
3. Permit the enlargement of a nonconforming use in accordance with the provisions of Chapter
3 Land Use of this Land Development Code.
4. 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.
D. Major Variances: Permit such variance of the front yard, side yard, rear yard, lot width, lot depth,
coverage, minimum sidewalk or setback standards, 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. A deviation greater than ten percent (10%) of a regulation shall be
considered a major variance request.
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 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.
Note: Section 1.15 replaced in its entirety. (Ord. 0-03-1414 /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
Chapter 1 —General Provisions Page 1 -5
Land Development Code City of Collevville. Texas
appeal of an administrative decision on a regulation contained in Chapter7— 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, Hearinqs 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 Administrative Official on or before
the last date to receive applications prior to the scheduled meeting date. The Administrative 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 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, 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 five hundred (500) feet of the property and all Home Owner's
Associations (HOA's) lying within one thousand (1,000) 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 five hundred (500) feet of the property
and all Home Owner's Associations (HOA's) lying within one thousand (1,000) feet of the property 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. 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.
Chapter 1 — General Provisions Page 1 - 6
Land Development Code Citv of Collewille Texas
1.16. 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 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.
1.16. 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 the official that, by reason of facts stated in the certificate, a stay would, in the official's 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 Zoning Board of
Adjustment may issue appropriate orders to the Administrative Official to guard against future error; and to
promulgate appropriate procedures 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 Zoning 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 appeals and variances to the regulations herein
established. Thus, the Zoning Board of Adjustment has jurisdiction to:
Chapter 1 — General Provisions Page 1 - 7
Land Development Code City of Colievville Texas
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. Minor Variances: Permit such variance of the front yard, side yard, rear yard, lot width, lot depth,
coverage, minimum sidewalk or setback standards, 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. A deviation up to ten percent (10%) of a
regulation shall be considered a minor variance request.
1.16.F 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 five hundred (500) feet of the property and all Home
Owner's Associations (HOA's) lying within one thousand (1,000) 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 Zoning Board of Adjustment 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
Chapter 1 — General Provisions Page 1 - 8
Land Development Code City of Collevville Texas
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 Zoning Board of Adjustment 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.
1.16.G 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.H 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 Zoning Board of Adjustment 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
Chapter 1 — General Provisions Page 1 - 9
Land Development Code City of Colleyville Texas
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
fifteen (15) 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 of
Co/leyville.
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.
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 fifteen (15) 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 five hundred (500) feet of the property
and all Home Owner's Associations (HOA's) lying within one thousand (1,000) feet of the
property being considered. Such notice to be given to each property owner as listed on the
last approved tax roll not less than fifteen (15) 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
Chapter 1 - General Provisions Page 1 - 10
Land Development Code City of Collevville. Texas
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. 0-03-1399 / 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.
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 five hundred (500) feet of the property and all Home Owner's Associations (HOA's) lying
within one thousand (1,000) feet of the property 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.
City Council Public Hearinq 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
Chapter 1 — General Provisions Page 1 - 11
Land Development Code City of Collevville Texas
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:
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.
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 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 Section 3.31.D Site Plan Approval Required as
described in the City's Land 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;
4. Proposed treatment for screening the perimeter of the land embraced by the petition,
including screening of internal separations of land use where required;
Chapter 1 — General Provisions Page
Land Development Code City of Colleyville Texas
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.
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
Chapter 1 -General Provisions Page 1 - 13
Land Development Code City of Collevville Texas
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.
1.18.0 RESERVED
1.18.13 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 fifteen (15) 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 Coffeyville.
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.
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.
Chapter 1 —General Provisions Page 1 - 14
• • Development C••- City of • - - Texas
Section 1.23 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number
Date
Subject
0-03-1399
04/15/2003
500 foot notification for alcohol SUP requests
0-03-1414
09/02/2003
Sign Board of Appeals authority
0-10-1750
05-04-2010
Addition of Package Store SUP Requirements
0-17-2006
02/21/2017
Council approval for certain Mutual Access Easements
0-18-2053
08/21/2018
Several amendments as part of a total LDC review
Chapter 1 - General Provisions Page 1 - 15
Land Development Code _ City of Collevville Texas
Chapter 4
Landscaping and Buffering
Rev. 0812112518
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. When 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 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
Definitions applicable to this Chapter may be found in Chapter 2 — Definitions of this Land Development
Code.
4- Landscaping & Buffering Page 4 - 1
Land Development Code City of Colleyville Texas
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 '*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) linear 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 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
of water sources as designed by a licensed irrigator;
Chapter 4- Landscaping & Buffering Page 4 - 2
Land Development Code City of Colleyville Texas
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
Bald Cypress
......... .... -- .._
Taxodium distichum
_... - ----
Cedar Elm
_.-.-.-.. — ........
Ulmus crassifolia
....
Lacebark Elm
------.
Ulmus parvifolia
.....
Pecan ............
--- ... .......... ..
, Ca ry a il6noinesis
Chinese Pistache
Pistacia chinesis
Bur Oak
—--- - ------------
Quercus macrocarpa
Red Oak
_.__
Quercus shumardii
SweetGum
..
-.... ------------
Liquidambarstyraciflau
Green Ash
--------
, Fraximus pennyslvanica
Live Oak
1 Quercus virginiana
2. Accent Trees (Range from 10 to 20 feet)
Common Name
Botanical Name
Redbud
Cercis canadensis
Crape myrtle
Langerstroemia indica
- --- _-
Yaupon holly
Ilex vomitoria
Bradford pear,..
--
Purus calleryana
Te-- ...........
...........
Wild plum
Prunus amerlcana
3. Shrubs (Range from 3 to 5 feet)
Common Name Botanical Name
Dwarf crape myrtle Langerstoemia indica
Dwarf buford holly
Dwarf Chinese
-- ---- ..............................
Dwarf I
-----.._..._.._.......-
Fraser's photin
Max cornuta 'barfordii
Nana'
Illex cornuta 'rotunda'
- -
Il1ex vomitoria `naval'
---------.__...................... I........... -
Photinia Fraser!
Common Name
Botanical Name
Western soapberry
------..-.-.-...
Sapindus drummondii
_..._ -
Post Oak ... ---
Quercus stallata
-_
Black Jack Oak
_....
Quercus marilandica
Eastern Red Cedar
_ ---- ----
Juniperus virginiana
- -.._.. - -
Southern magnolia
-- -- ----
1 Magnolia grandiflora
_- -- --....
Slash pine
Pinus elliotn
Japanese black pine
Pinus thunbergi
- . -
Austrian pine
_ ........
Pinus nigra
.........---....................................
Afgan pine
Pinus eldarica
Common Name
I Botanical Name
Crab apple
Malus augustifolia
.......... ....._._....
Deciduous holly
.........-------.
Illex decidua
. _.._.... ................_........
Flameleaf sumac
Rhu--- ........_...... ............
Cherry laurelI
Prunus caroltmana
tree
Common Name Botanical Name
Purple leaf japanese Berberis thumbergii
Pampus grass
Fountain
Cortaderia selloana
Nandina domestica
Juniperus chinensis
Chapter 4- Landscaping & Buffering Page 4 - 3
Land Development Code City of Colleyville Texas
4. Ground Cover (Ranges from 18 inches)
Common Name
Botanical Name
Juniper supp
Juniperus horizontelisd or procumbens
Periwinkle
---.-.
Vince major .............. --
Monkey Grass
-..
Liriope muscaria spp
Asianjasmme
-
Trachelospermunasiaticum
-
Confederate Star Jasmine
-- —
: Trachelospermun jasminoides
Monkey grass
I OP hipogon
5. Vines
Common Name
Botanical Name
Coral honeysuckle
Lonicera sempervirens
-- —
Carolina yellow jasmine
Gelsemium semper
Lady banksia rose .Rosa
Rosa baksfae
---
Cross vine
Signonia --- -...- ....... ---
Sweet autumn clematis
- --...- -----.-.-.-
Clematis paniculata
_--.-.-.... ...----------------- -- -
Virginia creeper
Parthenociassuss quinquefolia
-.-.-.-.-.
Boston ivy
Parthenociassus tricuspidata
6. Perennial and Annual Flowers
Common Name
Botanical Name
Chrysanthemum
Chrysanthemum spp
Canna
---.. ...__
Canna generalis
.. ,.... ------- - --- .......... ................
Copper leaf
Acalyopha Wilkeslans
Periwinkle
Catharanthus roseus
..-.__
Iris
- - -------..
Iris supp.
-
Lantana
:. __ .....--- ----
: La
Daffodil
.....
Narcissus Jonquil
i Tazetta, & King Alfred
Common Name
Botanical Name
Petunia
_- .. ...---.-..-
;Petunia hybrids
Marigold
Tagetes spp
Tulip
Tullpa spp
- -
Zinnia
Zinnia slop
Caladium
Caladium hortulanum
---------------
'candidum' pink beauty
Moss rose or portulaca
. Portulaca gandiflora
Wild Flowers
---.-.. .............. - ....... ........
g. Landscaping Credit: Landscape credits may be applied to the overall landscape requirement,
as indicated in Section 4.6.3 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.
Landscaping & Buffering Page 4 - 4
Land Development Code City of Coffeyville Texas
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;
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. 0-03-1408107115103)
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. In any case, no parking
space shall be located further than ninety (90) feet to a tree within a landscaped island.
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 "4-13").
Chapter 4- Landscaping & Buffering. Page 4 - 5
Land Development Code City of Colleyville, Texas
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.
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. For new trees at the time of planting, 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.
Landscaping Adjacent to Residential Districts: For any development in "C-PO", "CN", "CC1",
"CC2", "CC3", "MIL", "PUD-C", "PUD-I" and institutional uses including churches, schools, and
governmental facilities (which includes all zoning) which abut districts zoned residential 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-D"). 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. (0-01-1295108121101)
I. Special Permits; Appeals; Exceptions: Any person aggrieved by this ordinance may appeal
its effect to the 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.
Chapter 4- Landscaping & Buffering Page 4 - 6
Land Develooment Code _ City of Collewille Texas
Section 4.7 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number
Date
Subject
0-01-1295
08/21/01
Landscaping adjacent to Colleyville Boulevard
0-03-1408
07/15/03
Maintenance regarding building vacant
0-18-2053
08/21/2018
Several amendments as part of a total LDC review
Commerdal
61dg. \
50T or
to Gear to "street
Regularly spaced Landscape
Areas in Panting Lot
Ez ting Trees Ia be Retained a ad
Protected where Passible
Exhibit "4-A" - Street Yard Landscaping Requirements
Tree and shrubs to beset bark J fat
fromsorbormrbslap for plantprota Lion
Exhibit fe4-Br'
Landscape Requirement for Head -in Parking
Exhibit "4-C"
Description of Dripline
_......... 9
Chapter 4- Landscaping &Buffering Pa e 4 - 7
Land Development Code Cifv of Collewille Texas
Ji••
N.rJrr
:JjwJ�
Trees of Shrubs Planted in Landscape Buffer
�-
Area Shall be Evergreen Variety
`:>•^/
�•�_ _..c's.•r.•-._
.Commercial
Building
Fene
e•�
`t'`7'`'
..s tin
(Max- 25' in
Height)
-se4 '3� �
�7jIiI
"
Fire Lane
RESIDENTIAL II
+�•
5' Landscape Buffer
w/ Evergreen Planting 20' Provided for Emergency or Fire Lane
@ six (6) it. spacing Access to Rear and Side or Structure
25' Setback Required at Locations where
C-PO, CN, C-C, M-L Districts Abut Residential Districts
Exhibit "4-D"
Rear and Side Landscape Buffer Requirements
With Fire Lane Provided
-J^'+-'•+� Trees of Shrubs Planted in Landscape Buffer
Area Shalt be Evergreen Variety
_c..�,)
Commercial
_�`-•/
..s y-s�°t�•
Fence Ye'r"'r""-
:'
Building
(Max. 25' in
�ey-so..`,`D•"
Height)
��7I
:
RESIDENTIAL
,.ah aaf4A2Salf.0 wahuiiAlSaJl.at r,a1, aaf Ll2Sali.0
20' Landscape Buffer w/ Evergreen Planting @ six (6) ft. spacing
25' Setback Required at Locations where
C-PO, CN, C-C, M-L Districts Abut Residential Districts
Exhibit "4-E"
Rear and Side Landscape Buffer Requirement
Without Fire Lane Provided
4- Landscaping & Buffering Page 4 - 8