HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-3/25/2013City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, March 25, 2013 City Council Chambers
PRE COMMISSION MEETING
6:15 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,
PLATTING, AND LAND USE
REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING
MINUTES
DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON
DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST
AGENDA ITEMS
EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551,
Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal
issues raised by public hearing or action items on the agenda
7:00 P.M. - REGULAR MEETING
CALL TO ORDER AND ROLL
INVOCATION: Commissioner Phelps
PLEDGE OF ALLEGIANCE
1. APPROVAL OF MINUTES
February 11, 2013
2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
3. REGULAR AGENDA ITEMS
3a Approval of a preliminary plat for 13.63 acres out of the Elizabeth Cox
Survey, John H. Havens Survey and the Jesse Doss Survey located in the
4900 block of Heritage Avenue
Planning and Zoning Commission
Commission
Agenda March 25, 2013
City of Colleyville Page 2
4. PUBLIC HEARING AGENDA ITEMS
4a Consideration for a Special Use Permit for hospital with the primary use as
an emergency room on Lot 1A, Block 1, of the Baylor Health Care Systems
Addition, and Lot 2R, Block 1 of the Linton Addition located at 5408 & 5500
Colleyville Boulevard, Case ZC13-002
4b Consideration for approval of amendments to Section 3.24.C-Special Land
Use Standards and Section 3.26-Fences, Free Standing Walls, and Screening
Materials in the Land Development Code, Case GC13-002
5. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards March 22, 2013 by
5:00 p.m.
Taci Wrisley
Planning and Zoning Assistant
Any matter on this agenda may, at the discretion of the governing body, be opened for
public comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, February 11, 2013 City Council Chambers
CALL TO MEETING TO ORDER
The Planning and Zoning Commission meeting of the City of Colleyville was called to order
by Chairman Byerly on February 11, 2013 at 7:05 p.m.
Roll Call
Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis,
David Phelps, Jim Gotcher, and Jeff Byerly
Staff Present: Ron Ruthven, Darren Cain, Taci Wrisley, Jeremy Hutt, Dale Crown, Rob
McKeown, and Marty Wieder
INVOCATION
The invocation was given by Commissioner Davis
1. APPROVAL OF MINUTES
Commissioner Knox moved to approve the January 28, 2013 meeting
minutes as written. Commissioner Davis seconded.
The motion to approve as written carried with the following vote:
Aye: 7 - Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly
2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There were no citizen comments/presentations regarding items not on the agenda.
3. PUBLIC HEARING AGENDA ITEMS
3a Consideration of a request for an amendment to the PUD-R-PUD Residential
zoning and development requirements on Tracts 1B,1B1, 1B01, 1B2, 1B4,
1B5, Abstract 685, of the John H Havins Survey and Tract 6, Abstract 352, of
the Elizabeth Cox Survey located at 3805 Glade Road and 4900 and 4908
Heritage Avenue, Case ZC12-031
Ron Ruthven presented the case and briefed the Commissioners.
Planning and Zoning Commission
Commission
Minutes February 11, 2013
City of Colleyville Page 2
The public hearing was opened at 7:14 p.m.
Bret Pedigo, on behalf of the applicant, came forward and briefed the
Commissioners.
Commissioner Gotcher questioned Mr. Pedigo regarding the relocation of the
trail. Mr. Pedigo replied the trail will see more traffic on Heritage Avenue.
Commissioner Dudziak questioned Mr. Pedigo regarding the ten foot buffer
along the western perimeter of the development and if the buffer would
reduce the lot sizes. Mr. Pedigo replied the buffer is within the lot and is there
to preserve the existing natural vegetation. He further explained this area will
be the responsibility of the homeowner. Commissioner Dudziak further
questioned if a fence would be placed along the buffer. Mr. Pedigo replied
there is an existing fence that will be used.
Commissioner Dudziak questioned Mr. Pedigo regarding the ingress and
egress of traffic of the commercial lots; and what types of uses were being
proposed. Mr. Pedigo replied, based on staff comments, general office and
retail is preferred in this location.
Discussion continued between Commissioner Dudziak and Mr. Pedigo
regarding the ingress and egress of the commercial lots.
Commissioner Dudziak questioned Mr. Pedigo regarding the cross-sections and
entrances for the commercial lots off of proposed Street “A”. Mr. Pedigo
replied they will ensure the gates for the residential development are far
enough back so that access to the commercial development is not an issue.
Commissioner Dudziak questioned Mr. Pedigo regarding if the church had
been contacted to make an agreement with them for access. Mr. Pedigo
replied the church was contacted, but did not have a request for access. He
further explained the church did make mention that parking may be an issue
for them with the new development.
Discussion continued between Commissioner Dudziak and Mr. Pedigo
regarding access for the church and the commercial properties.
Commissioner Dudziak questioned staff regarding if an easement is required
between commercial properties. Ron Ruthven replied according to the
ordinance, commercial properties which front a collector or an arterial, must
provide mutual access to reduce the number of driveway cuts. He further
explained a mutual access easement would be a requirement for the plat.
Planning and Zoning Commission
Commission
Minutes February 11, 2013
City of Colleyville Page 3
Discussion continued between Commissioner Dudziak and staff regarding
mutual access between the commercial lots and the church.
Commissioner Phelps questioned Mr. Pedigo regarding the abrupt stop of the
trail just before Glade Road, and the anticipated connection on Glade Road.
Mr. Pedigo replied the section in question is a right-of-way dedication.
Commissioner Phelps questioned Mr. Pedigo regarding the addition of the
lakes and the water features, and if they increased or decreased the capacity
of heavy runoff during heavy rain. Mr. Pedigo replied they are designed for
both, heavy runoff and retention.
Discussion continued between Commissioner Phelps and Mr. Pedigo regarding
the lakes and water features.
Commissioner Byerly questioned Mr. Pedigo regarding the architectural
standards that were written in the PUD. Mr. Pedigo replied their builders are
held to a very high standard, and the architectural standards will be enforced
whether or not they are written in the PUD.
Commissioner Dudziak questioned Mr. Pedigo regarding if the amenities, such
as gazebos, sidewalks, open space and playground equipment would be
installed with this phase. Mr. Pedigo replied their focus would be on trails and
open space. He further explained their demographics did not have much of a
need for playground equipment.
Discussion continued between Commissioner Dudziak and Mr. Pedigo
regarding the amenities.
There being no one wishing to speak, the public hearing was closed at 7:47
p.m.
Commissioner Phelps questioned staff regarding the inclusion of ponds in the
drainage plan. Jeremy Hutt replied the developer would be required to design
the ponds to accommodate the drainage. He further explained the proposed
plans meet the requirements.
Commissioner Phelps questioned Jeremy Hutt regarding the phasing of a
development. Jeremy Hutt replied when a development is started, the
developer is required to plan ahead for any subsequent phases, while still
accommodating all of the needs of the original phase.
Discussion continued between Commissioner Phelps and Jeremy Hutt
regarding phasing of developments.
Planning and Zoning Commission
Commission
Minutes February 11, 2013
City of Colleyville Page 4
Commissioner Phelps questioned Jeremy Hutt regarding if it were possible to
complete the section of trail that was left off of the concept plan if the owner,
of the property in question, were not involved. Jeremy Hutt replied the trail
would not be completed until the property in question was developed.
Discussion continued between Commissioner Phelps and Jeremy Hutt
regarding construction of the trail.
The public hearing was re-opened at 7:51 p.m.
Gina Head, 3613 Winewood Place, came forward and spoke in opposition of
the development.
There being no one else wishing to speak, the public hearing was closed at
7:54 p.m.
Mr. Pedigo came forward to address comments.
Commissioner Byerly questioned staff regarding the buffer and setbacks for
Phase 2. Ron Ruthven replied there would be a 20-foot setback which the
home could not extend beyond. He further explained Chapter 5 – Tree
Preservation of the Land Development Code.
Commissioner Gotcher questioned staff regarding the sidewalk and trail
requirements. Ron Ruthven replied staff supported the developer’s plans for
the sidewalk and trail.
Commissioner Byerly questioned staff regarding the previous developer and
the decision to require the trail to be constructed through the development
versus being constructed along Heritage Avenue; and what is staff’s opinion
on the location of the trail, in relation to a gated community? Ron Ruthven
replied, although, it would be aesthetically pleasing to have the trail run
through the community, it makes more sense to have the trail constructed
along Heritage Avenue.
Commissioner Wheelwright questioned staff regarding whether or not it would
be the prerogative of the homeowners, of this gated community, to also gate
the portion of the trail that would run through their subdivision. Ron Ruthven
replied the plat or the PUD ordinance would need to call out the trail as a
public access easement or pedestrian access easement.
Commissioner Phelps questioned staff regarding the use of the trail. Ron
Ruthven replied would be for both, bicycles and pedestrians.
Discussion occurred between the Commissioners regarding the pros and cons
Planning and Zoning Commission
Commission
Minutes February 11, 2013
City of Colleyville Page 5
of the sidewalk or trail system.
Commissioner Phelps made a motion to approve case ZC12-031 with
the following amendment: Trails 25 and 26 will be developed in
accordance with Colleyville’s Pathways Plan; and will connect to Trail
24, which shall be constructed along the west side of Heritage
Avenue, prior to the acceptance of public improvements.
Commissioner Davis seconded.
Commissioner Dudziak made a friendly amendment to allow mutual access for
the church. Commissioner Phelps accepted.
Commissioner Phelps stated, in fact, mutual access was needed along all of
the northern properties.
Commissioner Davis also accepted the amendment.
Commissioner Byerly made a friendly amendment to omit Sections 5 – C
through F. He further explained these items are more appropriate for
homeowner association covenants and restrictions.
Commissioner Phelps and Commissioner Davis both accepted Commissioner
Byerly’s amendment.
Mr. Pedigo came forward to address the motion and amendments.
Discussion occurred between Mr. Pedigo, the Commissioners, and staff
regarding mutual access.
Discussion continued between the Commissioners and staff regarding how to
address mutual access between the development and the church.
Commissioner Byerly clarified that the amendment, for mutual access, would
only be for the property along the western boundary, along Glade Road.
Commissioner Phelps, Commissioner Davis, and Commissioner Dudziak all
accepted.
Commissioner Gotcher questioned staff regarding the inclusion of
requirements for the traffic signal for Heritage Avenue and Cheek-Sparger
Road. Ron Ruthven replied the city cannot make the developer pay for the
entire addition of traffic signals. He further explained this could be included in
a City/Developer Agreement.
The motion to approve with the amendments: 1.) As shown on the
Planning and Zoning Commission
Commission
Minutes February 11, 2013
City of Colleyville Page 6
Colleyville Pathways Plan, Trail 24 must connect to all other trails as
shown on the Colleyville Pathways Plan 2.) A mutual access easement
shall connect to the property immediately to the west of the subject
property along Glade Road from the open space lot 3.) Section 5(5)c
through f in the proposed ordinance that relate to residential design
standards shall be deleted from the ordinance carried with the
following vote:
Aye: 7 – Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly
4. ADJOURNMENT
The meeting adjourned at 8:18 p.m.
The minutes were written and prepared by:
Taci Wrisley
Planning and Zoning Assistant
The meeting minutes were approved on March 25, 2013 by a vote of _____.
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3a Agenda Date 03/25/2013 Number
Type Regular Agenda Items
Department Community Development
Title
Approval of a preliminary plat for 13.63 acres out of the Elizabeth Cox Survey, John H.
Havens Survey, and the Jesse Doss Survey located in the 4900 block of Heritage
Avenue.
Explanation
Paul Spain has submitted a request to approve the Preliminary Plat for phase one of
Creekside at Colleyville, which includes 41 single family residential lots, and 2.79 acres
of commercial property under the control of the same property owner.
The phase one detailed site plan approved at City Council on March 5, 2013 under
Ordinance O-13-1866 shall be deemed to satisfy the site plan requirements of
Ordinance O-07-1645 Section 4(2)a. A full size copy of the site plan will be kept on file
in the Community Development Department until the final plat is approved, at which
time a copy of the detailed site plan will be kept in the plat file for this department.
The phase one final plat shall be consistent with the attached phase one detailed site
plan.
The remainder of the subject property with this PUD will be required to submit a
detailed site plan per Section 4(2)a of Ordinance O-07-1645 prior to the submission of
a final plat.
The following is an analysis of the issues associated with this preliminary plat.
Zoning. A re-zoning request for PUD-R Planned Unit Development Residential Zoning
district was originally approved by Ordinance O-07-1645.
Ordinance O-07-1645 was amended by Ordinance O-13-1866 on March 5, 2013.
The zoning requirements stated in Ordinance O-07-1645 include single-family detached
residential as the primary use with a maximum density of 2.4 dwelling units per acre.
The minimum lot sizes are 5,500 and 9,000 square feet, dependent on lot widths. The
minimum lot widths are 70 and 50 feet.
The requirements also include commercial use. All commercial properties shall allow
only uses permitted in the following zoning districts that are; (1) either State of Texas
sales tax generating businesses, or (2) professional offices: CN-Neighborhood
Planning and Zoning Commission Agenda Briefing 3a
City of Colleyville Page 2
Commercial zoning district, the CC1-Village Retail zoning district, and the CC2-
Shopping Center zoning district.
Private Streets/Access. The development will have primary access from Heritage
Avenue. A 30 foot emergency access easement will access Glade Road to be
incorporated with the parking lot of the future commercial development. All streets
serving the development will contain a minimum of 40 feet of right-of-way measured
from curb-back to curb-back with five (5) foot easements on both sides. All streets
within the subdivision will be private and maintained by the homeowners association.
This development will be developed as a gated community with private streets in
accordance with Chapter 10-Private Streets and Gate
Entrances.
Sidewalks and Trails. Four (4) foot sidewalks will be installed in front of each
residential lot . The ten (10) foot wide concrete trail shown as Trail 24 on the 2005 City
of Colleyville Pathways Plan map will be constructed by the developer along the west
side of Heritage Avenue prior to the acceptance of public improvements. Trail 24 must
connect to all other trails noted on the 2005 Colleyville Pathways Plan.
Drainage. The developer has submitted a preliminary drainage analysis of the site,
which is under review by the Engineering Division. According to the preliminary
drainage analysis, the development will provide on-site detention.
Parkland Dedication Fees. Parkland dedication fees are required, in the amount of
&1802.00 per residential lot, for the 41 lots where new homes are proposed. Parkland
dedication fees are due at the time of final plat and must be paid before the final plat is
recorded with the County Clerk's office.
Perimeter Street Improvement Requirements and Impact Fees. Perimeter street
improvement requirements are not due since the developer will be responsible for
construction of their half of Heritage Avenue. The developer shall improve Heritage
Avenue where it is adjacent to the development to the current standards of the Land
Development Code and the Master Thoroughfare Plan at the time of development of
the adjacent property. Water, sewer, and roadway impact fees are due at the time a
building permit is issued. Fees will depend upon land use according to Chapter 13 of
the Land Development Code.
Screening. An eight (8) foot masonry wall shall be built between any commercial and
residential lots. An eight (8) foot masonry wall will also be built along the perimeter of
the subdivision along Heritage Avenue, Glade Road and Cheek Sparger. Perimeter
fencing along Heritage Avenue will only be required immediately adjacent to lots, and
not be required where floodplain or open space is adjacent to Heritage Avenue.
Landscaping and Tree Preservation. Trees not located within the right-of-way or
within the pad site must be preserved during construction. Before construction begins
Planning and Zoning Commission Agenda Briefing 3a
City of Colleyville Page 3
on the site, protective fencing must be installed around all preserved trees located
outside the right of way. A preliminary tree survey has not been submitted at time of
this preliminary plat. Approval of a tree survey and mitigation plan shall be required
prior to the issuance of a Notice to Proceed letter from the Engineering Division. Within
60 days of the certificate of occupancy being issued, all lots must be fully irrigated.
Summary. The proposed development satisfies the requirements of PUD-R ordinances
O-07-1645 and O-13-1866 and the Land Development Code. Since the plat contains
more than four (4) lots, the preliminary plat will require additional approval by City
Council.
Recommendation
Approve
Attachments
1.Location and Zoning Map
2.Preliminary Plat
3.Detailed Site Plan
4.Ordinance O-07-1645
5.Ordinance O-13-1866
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Text
Location and Zoning Map
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BEING 13.63 ACRES SITUATED IN THE JOHN H. HAVENS SURVEY, ABSTRACT NO. 685 AND THE ELIZABETH COX SURVEY, ABSTRACT NO. 352 CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS 41 RESIDENTIAL LOTS - 2 COMMERCIAL LOTS - 6 COMMON AREAS BLOCK 1, LOTS 1-12; BLOCK 2, LOTS 1-11; BLOCK 3, LOTS 1-16;BLOCK 4, LOTS 1-2; BLOCK 5, LOT 1 COMMON AREA LOTS OS-1 THRU OS-6 MARCH, 2013PRELIMINARY PLAT OF PLANNER:SAGE GROUP, INC.1130 N. CARROLL AVE., STE. 200 SOUTHLAKE, TX 76092 (817) 424-2626ENGINEER:DEOTTE, INC.395 W. STATE HIGHWAY 114, STE. 400 SOUTHLAKE, TX 76092 (817) 421-8600PREPARED FOR:TERRA/MANNA, L.L.C.395 W. STATE HIGHWAY 114, STE. 300 SOUTHLAKE, TX 76092 (817) 410-9201Creekside at Colleyville OWNER - PROPERTY #2:SAMUEL HARRINGTON 2760 FULLER-WISER EULESS, TX 76039OWNER - PROPERTY #1:RANDY & CAROL PETTY 176 COUNTRY RD. 4680 BOYD, TX 76023HWY. 121 GLADE RD.COLLEYVILLE BLVD.HALL JOHNSON RD.CHEEK SPARGER RD.HERITAGE AVE.BROWN TR.POOL RD.JACKSON RD.MARTIN PKWY.VICINITY MAP (NTS)
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Site Data Summary Chart Single Family Residential Lots Commercial Lots Common Areas COMMERCIAL Commercial Sites Commercial Open Space Esmts. (0.60 ac.)RESIDENTIAL Residential Lots Open Space R.O.W.R.O.W. Dedication (on Heritage)Total Residential GROSS AREA Residential Lot Summary Residential Lots Minimum Building Lot Area Average Building Lot Area Common Areas415,581 s.f.7,235 s.f.641 2 6 2.79 ac. 6.81 ac. 1.62 ac. 2.14 ac. 0.27 ac.10.84 ac.13.63 AC.L.U.D. / Zoning Existing Zoning:Proposed Zoning:PUD-R PUD-R 3-4-2013
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ORDINANCE 0-07-1645
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF APPROXIMATELY 108.5 ACRES OUT OF THE
ELIZABETH COX SURVEY, ABSTRACT 352, THE JOHN H. HAVENS SURVEY,
ABSTRACT 685, THE JESSE DOSS SURVEY, ABSTRACT 441, AND THE S.C.H.
WITTEN SURVEY, ABSTRACT 1734, FROM THE AG-AGRICULTURAL ZONING
DISTRICT TO PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING
DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE
RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL TY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning under
Case No. Z-07-008; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the
health, safety, morals, or general welfare of the City to enact a new zoning
ordinance; and
· WHEREAS, the City Council has appointed a Planning and Zoning Commission to
recommend the boundaries of the various original zoning districts and
appropriate regulations be enforced therein and to recommend a new
zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into districts
and has prepared regulations pertaining to such districts in accordance
with a comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, panic, and other dangers; to promote
health, general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable consideration
to, among other things, the character of the districts and their peculiar
suitability for particular uses, with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout
the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City
of Colleyville City Council, in compliance with the Charter of the City of
Colleyville, and State Law with reference to changes to zoning
classifications under the Zoning Ordinance Regulations and Zoning Map,
having given the requisite notices by publication and otherwise, and after
Ordinance 0-07-1645
Page 2of6
holding due hearings and affording a full and fair hearing to all the
property owners generally, and to the persons interested and situated in
the affected area and in the vicinity thereof, the governing body of the City
of Colleyville is of the opinion that said change in zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
THAT all the foregoing premises and findings are found to be true and
correct and are incorporated into the body of this ordinance by reference
as if copied in their entirety.
THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by changing the zoning on
108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H.
Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and
the S.C.H. Witten Survey, Abstract 1734 from the AG-Agricultural zoning
district to PUDR-Planned Unit Development Residential zoning district, as
depicted on Exhibit "A" labeled Location and Zoning Map and as described
on Exhibit "B" labeled Legal Description.
THAT the Official Zoning Map of the City of Colleyville be amended to
incorporate the zoning change approved herein.
THAT the above described tract of land shall be subject to the following
conditions:
1.GENERAL
a. The purpose of this PUDR is for a single-family residential
development of detached dwelling units, constructed at a gross
maximum density of 2.4 dwelling units per acre. There shall be no
more than 269 single-family residential lots.
b. Commercial lots shall be permitted along the frontage of Heritage
Avenue.
c. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where specifically
amended by this Ordinance.
2. CONCEPTUAL PLAN, SITE PLAN, AND PLATTING
a. The development shall be generally consistent with this Ordinance
and the Conceptual Site Plan, labeled as Exhibit "C", which shall not be
Ordinance 0-07-1645
Page 3of6
considered a plat. The developer shall submit and receive approval
from the City for any amendment to the Site Plan in accordance with
the phasing of the development of any portion of this PUDR. A detailed
Site Plan submission shall, at a minimum, meet the requirements of
Section 3.23 J.K.6. of the Land Development Code, be consistent with
this Ordinance, and may also be required to show additional conditions
provided in Section 3.23 M.b. of the Land Development Code. Further,
such detailed site plan(s) shall be considered as a legislative approval,
subject to the sole discretion of the City Council upon the
recommendation of the Planning and Zoning Commission.
b. The developer shall submit and receive approval from the City, a
Preliminary and Final Plat in accordance with the requirements of
the Land Development Code prior to development of this PUDR.
3. PERMITTED USES
a. Single-family residences, detached.
b. All commercial properties shall allow only uses permitted in the
following zoning districts that are; (1) either State of Texas sales tax
generating businesses, or (2) professional offices: CN-
Neighborhood Commercial zoning district, the CC1-Village Retail
zoning district and the CC2-Shopping Center zoning district.
4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
Residential lot requirements and setbacks shall comply with the following
provisions. Planning Area "A" refers to lots adjacent to western property
line.
Planning Area "A"
a. Minimum Lot Size
b. Minimum Lot Width
c. Minimum Lot Depth
d. Front Building Line
e. Side Building Line
f. Rear Building Line
g. Maximum Building Height
h. Maximum Lot Coverage
9,000 square feet
70 feet
120 feet
20 feet; or 15 feet for a front
swing garage
5 feet
30 feet
40 feet
65%
Planning Area "B"
a. Average Lot Size
b. Minimum Lot Size
c. Minimum Lot Width
d. Minimum Lot Depth
e. Front Building Line
f. Side Building Line
g. Rear Building Line
h. Maximum Building Height
i. Maximum Lot Coverage
5. OPEN SPACE AND LANDSCAPE BUFFER
Ordinance 0-07-1645
Page 4of6
5,500 square feet
5,000 square feet
50 feet
105 feet
20 feet; or 15 feet for a front
swing garage
0, 1 or 9 feet with a 10 foot
minimum between buildings
10 feet
40 feet
65%
a. A 10 foot wide landscape buffer shall be designated along the entire
western property line. No structures may be constructed within the
landscape buffer. The landscape buffer shall be incorporated in the
rear lots of Planning Area "A". Such landscape buffer shall is not an
open space lot. Chapter 5 of the Land Development Code applies to
this landscape buffer in particular and the development as a whole. In
addition, the Section 5.9 Tree Replacement Requirements shall apply
to any replacement tree greater than three (3) inches in diameter
which is substantially damaged or which dies within two (2) years of
final inspection.
b. Open space lots shall be maintained by the Homeowners Association.
c. The following amenities are permitted in the open space lots: picnic
tables, benches, playground equipment, concrete and crushed granite
walking paths, a gazebo, an arbor, other garden type built elements
including a fireplace, fountains, lights and a dock and pier. These
amenities shall be owned and maintained by a homeowners
association.
6. PRIVATE SIDEWALKS AND STREETS
a. A ten (10) foot wide concrete trail approximately 1.2 miles long shall
be constructed on-site along with all other public improvements as
part of this development between Glade Road and Cheek Sparger
Road and prior to the time of Final Plat. The City Manager or his
designee may approve a reduced trail width of eight (8) feet if
necessary based upon topographic, landscape, or other issues. Such
trail shall be included as part of any Site Plan submittal, and shall be
consistent with the City's then existing Master Trail Plan.
Sec. 5.
Sec. 6.
Sec. 7.
7. SCREENING
Ordinance 0-07-1645
Page 5of6
a. An eight (8) foot masonry wall shall be built between any commercial
and residential lots.
b. An eight (8) foot masonry wall shall be built along the perimeter of the
subdivision along Heritage Avenue, Glade Road and Cheek Sparger
Road. The design for such wall shall be stamped and sealed by a
licensed engineer. The standards and detail for such wall shall be
included as part of the detailed Site Plan.
c. Perimeter fencing along Heritage Avenue shall only be required
immediately adjacent to lots, and not be required along where
floodplain or open space is adjacent to Heritage Avenue.
8. OTHER
a. Ingress and Egress from Winewood Place shall be restricted to
access by emergency vehicles only.
b. The number of lots allowed with frontage on a cul-de-sac street shall
adhere to the requirements of the Land Development Code.
c. The portion of the development located south of Little Bear Creek
shall have a minimum of two (2) points of public vehicular ingress and
egress from Cheek Sparger Road and/or Heritage Avenue.
d. There shall be no direct access onto Glade Road from this
development.
e. There shall be no single family uses allowed adjacent to Heritage
Avenue where there are, as of the passage of this ordinance, existing
commercial uses directly across Heritage Avenue within the City of
Euless.
f. Retaining walls that are adjacent to residential lots shall be
constructed with a stone facade.
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 specifically amended
herein.
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.
THAT if any section, paragraph, subdivision, clause, phrase or provision of
Sec. 8.
Sec. 9.
Ordinance 0-07-1645
Page 6of6
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.
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 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 /{., 5';f day of
9-~ 2007.
The second reading and
r-v?'>76eAJ2007.
public hearing being conducted on the dz ft! day of
ATTEST:
71 ,---~~//'-r"-.' _J.-,,L,e:.,_,_ ) crrv: OF COLLEYVILLE
L. -, -JJ)~µ_g~~
Cynthia Singleton, TRMC, CMC David Kelly V
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit "A" Location and Zoning Map
Exhibit "B" Legal Description
CREEKSIDE AT COLLEYVILLE (PUD-R)
108.5 ACRE ZONING TRACT
BEING A 108.5 ACRE TRACT OF LAND SITUATED IN THE ELIZABETH COX
SURVEY, ABSTRACT NO. 352, THE JOHN H. HA YENS SURVEY, ABSTRACT
NO. 685, THE JESSE DOSS SURVEY, ABSTRACT NO. 441 AND THE S.C.H.
WITTEN SURVEY, ABSTRACT NO. 1734, CITY OF COLLEYVILLE, TARRANT
COUNTY, TEXAS. SAID 108.5 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT NEAR THE INTERSECTION OF THE CENTERLINE OF
GLADE ROAD AND THE INTERSECTION OF;
THENCE S 09°46'23" W, OVER AND ACROSS SAID GLADE ROAD AND
HERITAGE AVENUE, A DISTANCE OF 99. 73 FEET TO A POINT FOR CORNER IN
THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF SAID HERITAGE A VENUE;
THENCE ALONG THE EAST LINE OF SAID HERITAGE A VENUE THE
FOLLOWING COURSES AND DISTANCES;
Page I of 3
S 12°21'40" W, A DISTANCE OF447.71 FEET TO A POINT FOR CORNER;
S 05°25'1 l" W, A DISTANCE OF 195.30 FEET TO A POINT FOR CORNER;
S 04°21 '00" W, A DISTANCE OF 720.00 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE RIGHT HA VINO A DELTA ANGLE OF
27°31 '41 ",A RADIUS OF 1121.05 FEET, AN ARC LENGTH OF 538.62 FEET,
A CHORD BEARING OF S 17°31 '00" W, AND A CHORD LENGTH OF
533.45 FEET TO A POINT FOR CORNER;
S 30°41 '03" W, A DISTANCE OF 515.89 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 15°51'46",
A RADIUS OF 2840.34 FEET, AN ARC LENGTH OF 786.37 FEET, A
CHORD BEARING OF S 22°45'00" W, AND A CHORD LENGTH OF 783.86
FEET TO A POINT FOR CORNER;
S 14°48'57" W, A DISTANCE OF 308.22 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 16°05'15",
A RADIUS OF 1407.20 FEET, AN ARC LENGTH OF 395.12 FEET, A
CHORD BEARING OF S 06°46'30" W, AND A CHORD LENGTH OF 393.82
FEET TO A POINT FOR CORNER;
S 00°46'00" E, A DISTANCE OF 772.57 FEET TO A POINT FOR CORNE~ECEIVED
FEB O 6 2007
l:\SLD\02421300\SDA TA \ZONING.doc
,
Per •••..•• : • .....-0 ·
ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
70°04'32", A RADIUS OF 843.50 FEET, AN ARC LENGTH OF 1031.64 FEET,
A CHORD BEARING OF S 33°59'27 11 W, AND A CHORD LENGTH OF
968.53 FEET TO A POINT FOR CORNER AT THE INTERSECTION OF THE
NORTH R.O.W. LINE OF CHEEK SPARGER ROAD;
THENCE S 89°18'56" W, ALONG THE NORTH R.O.W. LINE OF SAID CHEEK
SPARGER ROAD, A DISTANCE OF 437. 70 FEET TO A POINT FOR THE
SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS PACEL l IN
DEED TO SPARGER FAMILY LIMITED PARTNERSHIP RECORDED IN VOLUME
16472, PAGE 390 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS
(D.R.T.C.T.);
THENCE N 00°01 '23 11 W, ALONG THE WEST LINE OF SAID PARCEL 1, A
DISTANCE OF 2658.46 FEET TO A POINT FOR THE NORTHWEST CORNER OF
SAID PARCEL 1;
THENCE S 89°02'53 11 E, ALONG THE NORTH LINE OF SAID TRACT 1, A
DISTANCE OF 549.10 FEET TO A POINT FOR CORNER;
THENCE LEAVING THE NORTH LINE OF SAID PARCEL 1 THE FOLLOWING
COURSES AND DISTANCES;
N 44°32'16" E, A DISTANCE OF 504.74 FEET TO A POINT FOR CORNER;
S 58°08'37" E, A DISTANCE OF 82.37 FEET TO A POINT FOR CORNER IN
THE WEST LINE OF A CALLED 136.34 ACRE TRACT OF LAND
DESCRIBED IN DEED TO SPARGER FAMILY LIMITED PARTNERSHIP
PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED
RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.);
THENCE N 00°39'20" E, ALONG SAID WEST LINE, A DISTANCE OF 541.65 FEET
TO A POINT FOR CORNER;
THENCE N 00°15'08 11 E, A DISTANCE OF 443.19 FEET TO A POINT FOR
CORNER;
THENCE N 00°28'33" W, A DISTANCE OF 1306.92 FEET TO A POINT FOR
CORNER;
THENCE S 89°50'4 l" E, A DISTANCE OF 344.46 FEET TO A POINT FOR CORNER;
THENCE N 00°09'51" W, A DISTANCE OF 225.22 FEET TO A POINT FOR
CORNER;
Page2 of3
1:\SLD\02421300\SDATA\ZONING.doc
THENCE N 88°42'20" E, A DISTANCE OF 22.07 FEET TO A POINT FOR CORNER;
THENCE S 00°27'3 l" E, A DISTANCE OF 28.94 FEET TO A POINT FOR CORNER;
THENCE N 89°23'34" E, A DISTANCE OF 195.12 FEET TO A POINT FOR
CORNER;
THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
13°35'47", A RADIDS OF 1587.18 FEET, AN ARC LENGTH OF 376.64 FEET, A
CHORD BEARING OF S 84°20'11" E, AND A CHORD LENGTH OF 375.76 FEET
TO A POINT FOR CORNER;
THENCE S 76°13'22" E, A DISTANCE OF 105.52 FEET TO THE POINT OF
BEGINNING, AND CONTAINING 108.5 ACRES OF LAND, MORE OR LESS.
Page 3 of3
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ORDINANCE O-13-1866
AN ORDINANCE AMENDING ORDINANCE O-07-1645 CONDITIONS;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE
RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council approved Ordinance O-07-1645 on November
27, 2007, to establish the zoning of 108.5 acres out of the
Elizabeth Cox Survey, Abstract 352, The John H. Havens
Survey, Abstract 685, the Jesse Doss Survey, Abstract 441,
and the S.C.H. Witten Survey, Abstract 1734 under case Z07-
0008; and
WHEREAS, the applicant has requested an amendment to Ordinance O-07-
1645 to further amend the commercial zoning requirements at
the southwest corner of Glade Road and Heritage Avenue; to
amend the trail location requirements within the development;
and to submit a detailed site plan for 14.75 acres of the
development per the requirements of Section 4(2)a under
Ordinance O-07-1645, under Case ZC12-031; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the
City to enact a new zoning ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning
Commission to recommend the boundaries of the various
original zoning districts and appropriate regulations be enforced
therein and to recommend a new zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into
districts and has prepared regulations pertaining to such
districts in accordance with a comprehensive plan and designed
to lessen congestion in the streets; to secure safety from fire,
panic, and other dangers; to promote health, general welfare;
to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements; and
Ordinance O-13-1866
Page 2 of 5
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration to, among other things, the character of the
districts and their peculiar suitability for particular uses, with a
view to conserving the value of buildings and encouraging the
most appropriate use of land throughout the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville
and the City of Colleyville City Council, in compliance with the
Charter of the City of Colleyville, and state law with reference
to changes to zoning classifications under the Zoning Ordinance
Regulations and Zoning Map, having given the requisite notices
by publication and otherwise, and after holding due hearings
and affording a full and fair hearing to all the property owners
generally, and to the persons interested and situated in the
affected area and in the vicinity thereof, the governing body of
the City of Colleyville is of the opinion that said change in
zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true
and correct and are incorporated into the body of this ordinance
as if copied in their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
amending Ordinance O-07-1645 conditions.
Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
amending the zoning and development requirements on 108.5
acres out of the Elizabeth Cox Survey, Abstract 352, the John H.
Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract
441, and the S.C.H. Witten Survey, Abstract 1734 as depicted on
the attached Exhibit “A”.
Sec. 4. THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive
Zoning Ordinance of the City of Colleyville as heretofore
amended, and as amended herein.
Ordinance O-13-1866
Page 3 of 5
Sec. 5. THAT the above described tract of land shall be subject to the
following conditions:
1. DETAILED SITE PLAN REQUIREMENT
a. Exhibit “B” shall be deemed to satisfy the site plan
requirements of Ordinance O-07-1645 Section 4(2)a. A full
size copy of the site plan shall be kept on file in the
Community Development Department until the final plat is
approved, at which time a copy of the detailed site plan shall
be kept in the plat file for this development. The phase one
final plat shall be consistent with Exhibit “B”.
b. The remainder of the subject property within this PUD shall
be required to submit a detailed site plan per Section 4(2)a of
Ordinance O-07-1645 prior to the submission of a final plat.
2. GENERAL AMENDMENTS
a. Sections 4(8) “d” and “e” of Ordinance O-07-1645 are hereby
deleted.
b. The maximum building height in this development shall not
exceed 35 feet.
c. The ten (10) foot wide concrete trail shown as Trail 24 on the
2005 City of Colleyville Pathways Plan map shall be
constructed by the developer along the west side of Heritage
Avenue prior to the acceptance of public improvements. Trail
24 must connect to all other trails noted on the 2005
Colleyville Pathways Plan.
d. This development may be developed as a gated community
with private streets in accordance with Chapter 10-Private
Streets and Gate Entrances of the Land Development Code.
e. The developer shall improve Heritage Avenue where it is
adjacent to the development to the current standards of the
Land Development Code and the Master Thoroughfare Plan at
the time of development of the adjacent property. There
shall be no option to escrow said construction costs as a
perimeter street fee for future roadway improvements.
Ordinance O-13-1866
Page 4 of 5
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 all provisions of Ordinance O-07-1645 and the Land
Development Code shall remain in full force and effect, except
where amended herein.
Sec. 10. THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
that it be given the above zoning classification in order to permit
its proper development and in order to protect the public
interest, comfort and general welfare, and requires that this
ordinance shall take effect immediately from and after its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 19th day of
February 2013.
The second reading and public hearing being conducted on the 5th day of
March 2013.
PASSED AND APPROVED by the City Council of the City of Colleyville,
Texas, on this the ________ day of _________________________ 2013.
Ordinance O-13-1866
Page 5 of 5
ATTEST: CITY OF COLLEYVILLE
Amy Shelley David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit “A” –Location and Zoning Map
Exhibit “B” Detailed Site Plan
Planning Area A
Planning Area B
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 4a Agenda Date 03/25/2013 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Consideration for a Special Use Permit for a hospital with the primary use as an
emergency room on Lot 1A, Block 1, of the Baylor Health Care System Addition, and
Lot 2R, Block 1 of the Linton Addition located at 5408 & 5500 Colleyville Boulevard,
Case ZC13-002
Explanation
Dowdey, Anderson, and Associates, in partnership with Emerus and Baylor Health Care
System, has submitted a Special Use Permit (SUP) application to allow an emergency
medical center on 5408 Colleyville Boulevard. The property is located at the southwest
corner of Colleyville Boulevard (SH 26) and Church Street and is adjacent to 5500
Colleyville Boulevard, which will be combined with 5408 Colleyville Boulevard to form
one lot.
The applicant proposes to construct a 24 hour, 7 day a week emergency room, known
as Baylor Emergency Medical Center. In general, the applicant proposes a 16,165
square foot facility with seven (7) exam room beds and eight (8) inpatient beds. The
facility provides high quality emergency room care with on-site X-ray, CT scan, and
ultrasound capabilities. Approximately 25 patients will visit the facility each day. The
applicant estimates that 75 percent of patients are within eighteen (18) minutes of the
facility. The service model that Emerus desires focuses on efficiency in delivery of
emergency care, with an average wait for a patient to see an ER physician at 15
minutes. Approximately 30-40 associates will be employed at this facility.
Existing Zoning and Development Conditions. The properties are zoned CC1-
Village Retail, and are platted. Presently, the former Baylor Family Health Care facility
is located at 5408 Colleyville Boulevard with plans for a demolition permit application
pending. 5500 Colleyville Boulevard is presently vacant. Additional approval of a re-
plat will be required upon the approval of the SUP. Hospital uses are allowed in the
CC1-Village Retail zoning district with the approval of an SUP.
Statement of Planning Objectives. The applicant has submitted a Statement of
Planning Objectives which contains a detailed description of the proposed
development.
Site Plan. The property is 2.3 acres in area, with frontages on both SH26 and Church
Street. The conceptual site plan submitted by the applicant shows the proposed
Planning and Zoning Commission Agenda Briefing 4a
City of Colleyville Page 2
emergency medical center to be 16,165 square feet with the primary entrance facing
SH26 and an alternative entrance and ambulance drop off facing Church Street.
Landscaping and Tree Preservation. Chapter 4-Landscaping and Buffering in the
Land Development Code requires a minimum of one (1) three (3) inch caliper tree per
each forty (40) feet of street frontage along collector and arterial roadways. The
landscape plan submitted by the applicant shows eleven (11) existing trees along SH26
and four (4) existing trees along Church Street. Additionally, two (2) four (4) inch
caliper trees are proposed within the building setback line of SH26 frontage, along with
four (4) other trees within the building setback line along Church Street, for a total of
21 trees. Additionally, a minimum of one (1) five gallon shrub is required to be planted
for every five (5) feet of frontage along any roadway. The landscape plan meets the
minimum shrub planting requirements. All landscaping will meet the minimum
requirements of Chapter 4-Landscaping and Buffering prior to the issuance of the
certificate of occupancy.
Chapter 5-Tree Preservation in the Land Development Code requires any tree six (6)
caliper inches or greater that is removed, destroyed, or more than 50% damaged and
does not meet the exemption provisions of the code, be mitigated per Section 5.10.
According to the tree survey, the applicant will remove 10 non-exempt trees, a total of
135.5 caliper inches and be subject to mitigation requirements. A mitigation report
shall be required at time of preliminary plat. All tree preservation, mitigation, and
protection will meet the minimum requirements of Chapter 5-Tree Preservation prior to
the issuance of a Certificate of Occupancy.
Building Design and Construction. According to Chapter 6-Building Design in the
Land Development Code, commercial buildings located in the CC1-Village Retail zoning
district require a minimum commercial design score of 30. The subject building, as it is
proposed, contains a design score of 30 and will be constructed of 100% masonry. A
required design score of at least 30 has been added to the ordinance and all exterior
surfaces must adhere to the design standards according to Chapter 6 of the Land
Development Code.
Access and Parking. The applicant proposes 57 parking spaces on site. Using the
Land Development Code of one (1) parking space per 300 square feet of gross floor
area, the minimum parking requirement of the proposed facility meets code. First
Baptist Church Colleyville occupies the neighboring property to the south, with existing
access from SH26. A mutual access easement between the applicant and the church
will be proposed by the applicant. Primary access is derived from SH26 through an
existing 24 foot driveway. Secondary access is derived from Church Street to the
north through a common access and utility easement connection with the neighboring
physical therapy office.
According to plans for the expansion of SH26, there will be a median across from the
existing driveway that serves the site such that no left turn movements will be
Planning and Zoning Commission Agenda Briefing 4a
City of Colleyville Page 3
permitted upon completion of reconstruction of the highway.
Traffic Generation and Access. The developer is not required to provide a Traffic
Impact Analysis, since the development is not projected to generate in excess of 1,000
vehicle trips per day. The Institute of Transportation Engineers publication Trip
Generation provides estimates of expected traffic generation based on land use. Data
has been collected in the United States and Canada since the 1960's, primarily in
suburban locations. Hospital uses are expected to generate 16.78 vehicle trips per
1,000 square feet of gross floor area, on average. Based on this average, a facility with
16,165 square feet of gross floor area would add approximately 271 vehicle trips per
day to the surrounding roadways.
Master Plan. The Colleyville Master Plan recommends "office" and "retail" uses for the
subject property. Technically, hospital uses are considered an institutional use on the
future land use plan. Currently, there are no hospitals in Colleyville. However, the
character of the proposed development is more consistent with a medical clinic than a
hospital. Therefore, for the purpose of this request, hospital uses, including the
primary use of an emergency room, comply with the land use designations of the
Colleyville Master Plan provided they are approved through a Special Use Permit.
Public Notification. Staff notified 12 property owners within 200 feet and all
homeowners associations within 500 feet of each subject property regarding this
request. Notice was published in the Fort Worth Star Telegram as required by state law
and the Land Development Code. Staff has not received any correspondence to this
request.
Summary. The proposed use of a hospital with a primary use of an emergency room
does not technically comply with the future land use designations of the Colleyville
Master Plan. However, given the character of the proposed development being more
reflective of a clinic than a hospital, staff agrees that the proposed use is consistent
with other medical related uses within retail corridors in the community provided a
Special Use Permit is approved. The proposed development will meet all requirements
of the Land Development Code.
Recommendation
Approval with the following conditions:
1. GENERAL
a. The emergency medical center authorized by this Special Use Permit shall not
exceed 16,165 feet in area.
b. The bed count in this emergency medical center shall not exceed fifteen (15), with
Planning and Zoning Commission Agenda Briefing 4a
City of Colleyville Page 4
seven (7) exam room beds and eight (8) inpatient beds.
c. The layout shall be generally consistent with the attached "Conceptual Site Plan."
d. The specific use shall be for emergency medical care only.
2. PARKING AND ACCESS
a. A minimum of 57 parking spaces shall be provided.
3. LANDSCAPING
a. All landscaping and buffering shall meet the minimum requirements of Chapter 4-
Landscaping and Buffering in the Land Development Code.
4. BUILDING DESIGN AND CONSTRUCTION
a. The building design of the business shall be generally consistent with the attached
rendering and elevations. Otherwise, the final design shall, at a minimum, have a
design score of at least 30 as required by Chapter 6
of the Land Development Code. All exterior surfaces shall adhere to the design
standards as required by Chapter 6 of the Land Development Code.
b. All dumpsters shall, at a minimum, be screened with a minimum eight (8) foot high
masonry wall and shall, otherwise, meet the requirements for dumpster screening in
the Land Development Code.
c. This Special Use Permit shall automatically expire upon the abandonment of the
business known as "Baylor Emergency Medical Center," a change in the use, or upon
the expiration or termination of the Certificate of Occupancy.
Attachments
1.Location and Zoning Map
2.Legal Description
3.Notification List
4.Buffer Map
5.Aerial
6.Statement of Planning Objectives
7.Conceptual Site Plan
8.Floor Plan
9.Exterior Elevations
10.Exterior Rendering
11.Tree Survey
12.Landscaping and Screening Plan
13.Ordinance
Planning and Zoning Commission Agenda Briefing 4a
City of Colleyville Page 5
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Text
Location and Zoning Map
Site
Site
Legal Description
Legal Description
Owner Name Owner Address Owner City Owner State Owner Zip Situs Address
First Baptist Ch Colleyville 5405 Pleasant Run Rd Colleyville Texas 76034 5300 Colleyville Blvd
Jd Judd Realty Holdings Llc 1109 Church St Colleyville Texas 76034 1109 Church St
Dediego Family Trust 214 Via Lantana Aptos California 95003 5510 Colleyville Blvd
Lee, Fred J Etal 3130 N Berkeley Lake Rd NW Duluth Georgia 30096 5501 Colleyville Blvd
Churchville Partners Llc 4800 Bill Simmons Rd Colleyville Texas 76034 5500 Colleyville Blvd
Ctl Properties Lp 214 W Northwest Hwy Grapevine Texas 76051 5413 Colleyville Blvd
Branch Banking & Trust Co 150 S Stratford Rd Ste 400 Winston Salem North Carolina 27104 1201 Church St
Hrt Properties Of Texas Ltd 3310 W End Ave Ste 700 Nashville Tennesse 37203 5408 Colleyville Blvd
Brady, Libby W 5405 Collyville Blvd Colleyville Texas 76034 5401 Colleyville Blvd
Bojku, Hatidze 5309 Collyville Blvd Colleyville Texas 76034 5311 Colleyville Blvd
Hidden Oaks Estates HOA 5611 Hidden Oaks Drive Colleyville Texas 76034 Courtesy Notice
Brian Jaffe (Applicant)5225 Village Creek Drive, Suite 200 Plano Texas 76034 Applicant
Public hearing notices were mailed
Thursday, March 14th by Taci Wrisley
Notification List
Buffer Map
Text
Aerial
Statement of Planning Objectives
The objective of this Special Use Permit request is to allow a hospital use on the subject property
currently zoned Village Retail (CC1). The Baylor Health Care System has selected Colleyville as a market
to construct a new 16,165 square foot hospital facility. This small, boutique hospital will include 7 exam
room beds and 8 inpatient beds. Approximately 30- 40 associates will be employed at the new facility.
Each associate may participate in a comprehensive medical plan along with other competitive benefits.
Baylor Emergency Medical Center brings an efficient and patient centered approach to the delivery of
emergency care. On average, Baylor Emergency Medical Center patients see an ER physician within 15
minutes of check-in. Our facility will be staffed with a board certified ER physician 24 hours a day, 7 days
a week. Services at this facility will include:
· High quality care, 24 hours a day, 7 days a week. Our facility never closes.
· ER lab results in under 15 minutes on average.
· On site X-ray and CT facilities.
· Certification at the highest level of emergency room medicine.
Approximately 25 patients will visit the facility each day. 75% of those patients are located within 18
minutes of this facility.
The following preliminary construction schedule has been established by the design team:
Permit Submittal Date: June, 2013
Construction Start: August, 2013
Building Turnover: March, 2014
Opening: May, 2014
Although this Baylor facility will have no Sales Tax impact as we are selling medical services and not
equipment or goods, our estimated annual revenue is projected to be $6,000,000-$9,000,000. The
estimated development cost will be approximately $10,000,000. This facility is a for-profit entity and
therefore will be subject to property and personal property taxes. Our facility will enhance the City’s
objective of becoming a medical center for the region.
A vacant Baylor Family Care facility currently exists on the southern portion of this property. This facility
will be demolished as part of the site improvements.
We respectfully request the City allow a hospital use on this property.
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SHEET L1of2City of Colleyville, Tarrant County, Texas Landscape Plan LANDSCAPE AND SCREENING Emerus Emergency Hospital # PLAN REVIEW REVISIONS BY DATEBar is one inch on original drawing. If not one inch on this sheet, adjust scale as necessary.PROJECT PWP006One Inch
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SHEETLandscape Details LANDSCAPE AND SCREENING # PLAN REVIEW REVISIONS BY DATEBar is one inch on original drawing. If not one inch on this sheet, adjust scale as necessary.PROJECTOne Inch L2of2City Of Colleyville, Tarrant County, Texas PWP006Emerus Emergency Hospital
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SHEET TR1of1City of Colleyville, Tarrant County, Texas Tree Survey / Tree Mitigation TREE SURVEY Emerus Emergency Hospital # PLAN REVIEW REVISIONS BY DATE 0Bar is one inch on original drawing. If not one inch on this sheet, adjust scale as necessary.PROJECT PWP006One Inch
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ORDINANCE O-13-xxxx
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1A, BLOCK 1, OF
THE BAYLOR HEALTH CARE SYSTEM ADDITION AND LOT 2R, BLOCK 1 OF THE
LINTON ADDITION LOCATED AT 5408 AND 5500 COLLEYVILLE BOULEVARD BY
AUTHORIZING A SPECIAL USE PERMIT FOR A HOSPITAL WITH A PRIMARY USE
AS AN EMERGENCY ROOM; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC13-002; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in
Ordinance O-xx-xxxx Page 2 of 4
the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the official zoning map by authorizing a Special Use Permit for a hospital with a primary use as an emergency room on Lot 1A, Block 1, of the Baylor Health Care System Addition and Lot 2R, Block 1 of the Linton Addition located at 5408 and 5500 Colleyville Boulevard, as depicted on the location and zoning map, Exhibit “A”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions:
1. GENERAL a. The facility authorized by this special use shall not exceed 16,165 feet in area. b. The bed count in this emergency medical center shall not exceed fifteen (15), with seven (7) exam room beds and eight (8) inpatient beds. c. The layout shall be generally consistent with Exhibit “B,” conceptual site plan. d. The specific use shall be for emergency medical care only.
2. PARKING AND ACCESS a. A minimum of 57 parking spaces shall be required.
3. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of
Ordinance O-xx-xxxx Page 3 of 4
Chapter 4-Landscaping and Buffering in the Land Development Code.
4. BUILDING DESIGN AND CONSTRUCTION
a. The building design of the business shall be generally consistent with the attached Exhibit “D”. Otherwise the final design shall, at a minimum, shall have a design score of at least 30 as required in Chapter 6 of the Land Development Code. All exterior surfaces shall adhere to the design standards as required by Chapter 6 of the Land Development Code.
b. All dumpsters shall, at a minimum, be screened with a minimum eight foot high masonry wall and shall, otherwise, meet the requirements for dumpster screening in the Land Development Code. c. This Special Use Permit shall automatically expire upon the abandonment of the business known as “Baylor Emergency Medical Center,” a change in the use, or upon the expiration or termination of the Certificate of Occupancy. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage.
Ordinance O-xx-xxxx Page 4 of 4
AND IT IS SO ORDERED. The first reading and public hearing being conducted on the _________ day of _________________________ 2013. The second reading and public hearing being conducted on the _________ day of _________________________ 2013.
ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney
Exhibit “A” - Location and Zoning Map
Exhibit “B” – Conceptual Site Plan
Exhibit “C” – Statement of Planning Objectives
Exhibit “D” Exterior Elevations and Renderings
Exhibit “D” Exterior Elevations and Renderings - Continued
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 4b Agenda Date 03/25/2013 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Consideration for approval of amendments to Section 3.24.C-Special Land Use
Standards and Section 3.26-Fences, Free Standing Walls, and Screening Materials in
the Land Development Code, Case GC13-002
Explanation
The purpose of this item is to consider amendments to Chapter 3-Land Use in the Land
Development Code related to portable storage structures and to screening
requirements. At the November 20, 2012 Pre-Council meeting, staff presented to the
City Council the results of a survey of the cities that surround Colleyville
(attached) concerning their screening standards. The City Council directed staff to
draft amendments to City's screening standards and bring forward the amendments for
consideration at a future City Council meeting.
In addition to amendments to the screening standards, staff also proposes adding
regulations to Chapter 3 concerning portable storage structures. These are commonly
marketed as "PODS" and are utilized for temporary storage, mainly during move-in or
move-out.
The following is a breakdown of the proposed amendments:
Section 3.24(C) - Special Land Use Standards
Staff proposes adding a new sub-section that creates regulations for portable storage
structures. These are utilized by both commercial and residential customers to store
personal items either for moving or for other reasons such as remodeling or carpet
cleaning. There are currently no regulations in Colleyville that address these types of
structures. As such, staff conducted a survey of several local cities (attached) and
received responses from four cities. Staff also researched cities at the national level.
Based on staff research, the following are the proposed regulations for portable
storage structures:
"19. Portable Storage Structures – A portable storage structure is any container,
storage unit, shed-like container or other portable structure, other than an accessory
building complying with all building codes and Land Development Code requirements,
that can or is used for the storage of personal property of any kind and which is
Planning and Zoning Commission Agenda Briefing 4b
City of Colleyville Page 2
located for such purposes outside an enclosed building.
The use of portable storage structures are allowed under the following conditions:
a. A temporary use permit shall be obtained from the Community Development
Department prior to placement for any portable storage structure.
b. There shall be no more than one (1) portable storage structure per property.
c. The portable storage structure must be no larger than ten (10) feet wide, twenty
(20) feet long and ten (10) feet high.
d. A portable storage structure must not remain at a property in any zoning district in
excess of thirty (30) consecutive days, and must not be placed at any one property in
a zoning district in excess of thirty (30) days in any calendar year.
e. The portable storage structure must be set back a minimum of five (5) feet from all
property lines.
f. The portable storage structure must be set back a minimum of five (5) feet from the
nearest wall of a building.
g. The portable storage structure must be placed on an asphalt or concrete surface.
h. The portable storage structure shall not be placed upon any street or within any
rights-of-way.
i. Portable storage structures associated with construction at a site where a building
permit has been issued, are permitted for the duration of construction and shall be
removed from the site within fourteen (14) days of the end of construction. Portable
storage structures associated with construction are exempt from the aforementioned
conditions.
j. Any waivers to the conditions of this section shall be considered by the Zoning Board
of Adjustment in accordance with Chapter One of the Land Development Code."
These proposed regulations are attached in mark-up format as well as Exhibit A in the
proposed ordinance.
Section 3.26 - Fences, Free Standing Walls and Screening Materials
Based on discussion at the November 20, 2012 Pre-Council meeting, staff proposes to
require masonry walls as screening elements between residential and commercial
properties where currently both wood or masonry is permitted. Staff also proposes
adding more detailed screening requirements for garbage, compacting and recycling
Planning and Zoning Commission Agenda Briefing 4b
City of Colleyville Page 3
containers used for multifamily, mixed-use, institutional and commercial properties.
The following is a detailed breakdown of the proposed amendments:
Section 3.26(C)1 and 2 - the term "decorative masonry wall" has been inserted in
place of "screening elements and fences" and a "wood or masonry" option.
Section 3.26(C)3 - this is a new sub-section regulating garbage and
recycling containers and reads as follows:
"3. Screening Requirements for Waste, Garbage, Compacting and Recycling
Containers: The following regulations shall apply to all multifamily, mixed-use,
institutional and commercial uses where large containers are utilized for the storage or
compacting of waste, garbage or recycling materials for any properties where the
primary structure was constructed on or after January 1, 2013:
a. All containers shall be fully enclosed by a decorative masonry wall.
b. Masonry materials shall match the masonry materials of the exterior wall of the
primary structure on the property where the container is located.
c. The height of the screening wall shall be a minimum of six feet, or one foot above
the height of the container/compactor, whichever is greater, and shall not exceed 10
feet in height.
d. The gate shall be composed of a durable metal and shall be of a color that matches
or compliments the masonry wall.
e. The gate shall remain closed at all times. Exception: gates for recycling bins may
remain open provided all recycling material is completely stored within the container.
f. Where possible, gates shall be oriented away from the view of any roadway traffic.
g. All enclosures and containers shall be located behind all required building setbacks
and shall be located a minimum of 25 feet from any properties zoned or used for non-
multifamily residential purposes.
h. For properties where the primary structure was constructed before January 1, 2013,
the required enclosure and gate may be composed of wood or masonry materials to a
minimum height of six feet unless subject to a different requirement as part of an SUP
or PUD ordinance. However, loss of any legal-nonconforming status for any property
and/or building as described in Section 3.7 shall require full compliance with this
section.
i. All enclosures, including gates, shall be maintained in good condition by the property
Planning and Zoning Commission Agenda Briefing 4b
City of Colleyville Page 4
owner."
This section repeals all existing references to screening of garbage containers and
replaces it with the language above. As mentioned in the draft language above, these
regulations would only apply to properties where the structure was built on or after
January 1, 2013. For structures built prior to January 1, 2013, a wood or masonry
enclosure will suffice provided the building and/or property does not lose any legal
non-conforming status.
Section 3.26(C)13 - this is a new sub-section that specifically address pre-formed
concrete fences and reads as follows:
"13. Pre-Formed Concrete: Pre-formed concrete is a permitted masonry material
provided the texture adequately mimics the intended style match, be it wood, brick,
stone, etc. Pre-formed concrete fences shall be maintained in good condition including
any painted fences. The building official shall approve the final finished surface and
reserves the right to deny a fence permit application if the surface does not adhere to
the intent of these regulations."
Section 3.26(D)1(a) - this amends the existing sub-section by clarifying that concrete
masonry unit (CMU) and poured in place concrete fences must have an architectural
finish. The purpose of this amendment is to avoid a cinder block or a flat, unfinished
concrete fence.
The amendments to Section 3.26 are attached mark-up format as well as Exhibit B in
the proposed ordinance.
Recommendation
Attachments
1.City Comparison Matrix of Portable Storage Structures
2.City Comparison Matrix of Screening Standards
3.Proposed Changes to Section 3.24(C) of the Land Development Code
4.Proposed Changes to Section 3.26 of the Land Development Code
5.Proposed Ordinance
City Duration Placement Max Size Number Misc.
Fort Worth
Maximum of 30 days unless
associated with an unexpired
building permit, which may be
allowed up to 180 days or the
duration of the building permit,
whichever is less
Only on a permanantly paved
driving or parking surface if in
the front yard of a single family
residence or two-family
residence; May not encroach
into the street right of way
n/a n/a n/a
Bedford
60 days, with an additional 60
days allowed by administrative
approval by the Building Official,
or when being used in connection
with a current building permit;
The ZBA may grant approval for a
period exceeding 120 days
May be placed on a driveway in
the front yard, and may
encroach into the front yard or
side yard setbacks, as long as the
placement does not obstruct
visibility; Must maintain a
minimum separation of at least 5
feet from any building or
structure; Cannot encroach into
a sidewalk, firelane, access
easement, or street right-of-way
10' x 10' x 20'
maximum unless
approved
1
Permit required for
each storage contatiner;
Not to be stacked; Not
allowed on properties
that do not have a
primary use; Shall be
painted and in good
condition and
appearance
Keller
2 weeks without a permit; After
that, must apply for an accessory
building permit
Must adhere to all setback
restrictions of base zoning
disrict; Not allowed in easement
areas or alleys; allowed to be a
minimum of 5 feet from side and
rear property lines
Not to exceed 10
feet in height; Must
be 120 square feet
or less
No more than 2 and
must be separated
by a distance of not
less than 10 feet
n/a
Grapevine
Containers to be picked up or
dropped off by self-storage
services shall be visable for a
period not to exceed 72
consecutive hours, and not more
than 2 instances during any 30
day period
Not allowed to be placed within
a public right of way n/a n/a n/a
City Comparison Matrix of Portable Storage Structures
Grapevine Euless Bedford Hurst North Richland
Hills Keller Southlake Colleyville
Screening required
between non-residential
and residential Properties?
Yes Yes Yes Yes Yes Yes Yes Yes
Screening Type Fence, Wall,
Earthen Berm
Fence, Wall,
Shrubs Wall Wall Wall Wall Fence, Wall Fence, Wall
Screening Materials
Allowed
Wood,
Masonry,
Concrete, Dirt
Berm
Wood,
Masonry, Chain
link with slats,
Ribbed Metal
Panel
Masonry only
Brick or
Decorative
Masonry
Masonry wall
consistent with
exterior wall
material on
main building
Masonry
Wood,
Masonry,
Concrete,
Decorative
Metal
Wood, Masonry
Minimum Screening Height 6 feet 6 feet 6 feet 6 feet 6 feet 6 feet 8 feet 8 feet
Maintenance
Responsibility
Non-Residential
Property Owner
Non-Residential
Property Owner
Non-Residential
Property Owner
Non-Residential
Property Owner
Non-Residential
Property Owner
Non-Residential
Property Owner
Non-Residential
Property Owner
Non-Residential
Property Owner
Other Items of Interest
Screening
requirements
vary based on
zoning districts
Screening
requirements
vary based on
zoning districts
Provision for
escrow in lieu of
wall
construction
next to vacant
lots zoned for
residential uses
Institutional
Uses in
Residentially
Zoned Districts
not required to
Provide
Screening
n/a n/a n/a n/a
Screening Required?Yes Yes Yes Yes Yes Yes Yes Yes
Screening Materials
Allowed
Wood or
Masonry Masonry Masonry Masonry Masonry Masonry Wood, Masonry
or Landscaped Not Specified
Minimum Screening Height 1 foot above the
bin height 6 feet 6 feet 8 feet 6 feet 1 foot above the
bin height 6 feet 6 feet
Gate Type n/a n/a n/a Wood or Metal Metal n/a Metal n/a
Garbage and Recycling Bin Screening Standards for Non-Residential Uses
City Comparison Matrix of Screening Standards
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 2
C. Special Land Use Standards – The following Special Land Use: Standards, which are referenced in the
Special Land Use Standards column of Table 3.24.B, Schedule of Permitted Principal Uses, refer to
additional standards and requirements that are applicable to the listed land use.
1. Bed and Breakfast – a Certificate of Occupancy (C.O.) is required prior to occupancy of the premises
as a bed & breakfast. The C.O. shall be obtained after an inspection has determined that the
structure is in compliance with all applicable current codes and ordinances of the City of Colleyville
and the following additional conditions:
a. The structure is structurally sound.
b. There are no clear and present dangers as to fire and fire safety.
c. The plumbing is in compliance with the currently adopted code requirements for the zoning
district in which it is located.
d. The electrical system is in compliance with the currently adopted Electrical Code for the zoning
district in which it is located.
e. Smoke detectors shall be placed in each individual bedroom which is offered for public use and
smoke detectors shall also be placed in any hallway adjacent thereto.
f. Signs, not exceeding one and one-half (1-1/2) square feet, shall indicate only the address and the
establishment name.
g. Off-street parking shall be located behind the front building line of the structure and shall be
screened from public view, and shall be provided in the following manner: one space per
bedroom offered for temporary rental in addition to that required for the zoning district in which it
is located.
h. The total rental bedroom area of the structure shall not exceed twenty-five (25) percent of the
total floor area of the dwelling.
Also, in order to continue operation:
i. Annual inspections shall be required for each bed and breakfast facility to ensure ongoing
compliance with the requirements of this Section.
ii. Food service shall comply with all provisions of the City Code.
iii. The structure shall comply with all current City Codes, including, but not limited to Building
Codes, Plumbing Codes, Electrical Codes, Fire and Safety Codes, and others as may from
time to time be adopted.
ix. The length of stay for any guest is limited to fifteen (15) consecutive days.
2. Assisted Living Facilities – A facility operated under a certificate of compliance document issued by
the Texas Department of Aging and Disability Services, in which food, shelter, and person assistance
or supervision are provided for a period of at least 14 days for four or more aged adults who do not
require hospitalization or skilled or intermediate nursing care.
3. Telecommunication Towers – Construction shall be of monopole design only; and
a. the distance between the base of the tower and any Agricultural (Ag) or residential district shall
be not less than two (2) times the height of the tower; and
b. the site plan shall meet all other commercial development requirements of the City such as site
plan review, landscaping, setbacks; and
c. a minimum of one paved parking space shall be provided at the site of the structure.
4. Veterinarian Clinic with indoor kennels – A facility containing indoor kennels shall be subject to the
following conditions.
a. The entire business must be conducted within a soundproofed building. Noise and odors created
by activities within the building shall not be discernible beyond the property line.
b. No animals shall be kept outside the building.
5. Medical and veterinary clinics – Outpatient services only.
6. Archery & firearm ranges – An SUP required in every zoning district, except CN & CC, for sales
activity over 9 mo. per year.
Proposed Changes to Section 3.24(C) of the Land Development Code
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 3
7. Movie Theater Uses: A movie theater shall not contain more than six primary projection screens and
two secondary executive viewing rooms and shall not exceed 28,500 square feet in total building size.
For purpose of this regulation, a secondary executive viewing room shall not exceed a maximum of
fifty (50) seats. (O-04-1454 / 4-16-04) (O-05-1538 / 09/06/05)
8. Home Occupation Uses:
a. No person other than members of the family residing on the premises shall be engaged in such
occupation;
b. The use of the dwelling unit or accessory building for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its occupants, and not more than
twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the
home occupation;
c. There shall be no change in the outside appearance of the building or premises, or other visible
evidence of the conduct of such home occupation other than one sign, not exceeding one (1)
square foot in area, non-illuminated, and mounted flat against the wall of the principal building.
d. No traffic shall be generated by such home occupation in greater volumes than would normally be
expected in a residential neighborhood, and any need for parking generated by the conduct of
such home occupation shall be met off the street on a driveway or other hard surface all weather
area;
e. No equipment or process shall be used in such home occupation which creates noise, vibration,
glare, fumes, odors, or electrical interference detectable to the normal senses of any adjacent or
nearby site occupant. In the case of electrical interference, no equipment or process shall be
used which creates visual or audible interference in any radio or television receivers off the
premises, or causes fluctuations in line voltage off the premises.
f. Home occupation uses and activities shall be limited to the following: seamstress; accounting;
bookkeeping and tax services; notary public; insurance and real estate; cosmetics and household
sundries; private educational, music and dance tutoring; arts, crafts and home hobby shops;
garage, yard and patio sales of short temporary duration; mail order brokerage; and other similar
activities --- but excluding medical and law offices, beauty shops, pet grooming services, kennels
and other such activities.
9. Private (HOA) Recreational Facilities – Buildings or structures in which members of a neighborhood
association may gather for social, educational or cultural activities that are intended to serve the site
occupants and guests thereof.
10. Emergency Clinics – Outpatient services only.
11. Livestock Raising and Breeding – A Special Use Permit is required for swine farming.
12. Alcoholic Beverage and Package Store Sales – A Special Use Permit is required for the sale of
alcoholic beverages. A package store shall require the approval of a separate Special Use Permit.
Any existing Special Use Permit for the sale of alcoholic beverages for off-premise consumption shall
only be for beer and/or wine as specified in the approving ordinance and shall not be considered as
approval for a package store as defined in Chapter Two. Also refer to Chapter 6 of the Code of
Ordinances for additional regulations regarding alcoholic beverage sales.
13. Vehicle Repair – Vehicle repair, including the repair of other motorized vehicles, are permitted in
accordance with the Schedule of Permitted Uses, subject to the following conditions.
a. All repairs and servicing shall be conducted within an enclosed building.
b. A business that conducts vehicle repair and is located on property adjacent to a residential use
shall provide a six-foot tall solid screen along the property line adjacent to the residential use.
c. Except for wrecked vehicles, no more than two vehicles per bay or repair/inspection station that
have been accepted for repair or servicing shall be parked/stored outside after regular business
hours.
Proposed Changes to Section 3.24(C) of the Land Development Code
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 4
d. Wrecked or dismantled vehicles waiting for repair shall not be visible from the street and shall be
stored in an enclosed building or within a completely enclosed area behind a six-foot tall solid
screening fence.
14. Servants or Caretaker Quarters – Servants quarters for domestic servants employed on the premises
or family members provided the gross habitable square feet of floor area shall not exceed six-hundred
(600’) square feet. Such quarters may be housed within the principal residential dwelling, above a
residential garage, or be part of an accessory building on the same premises, and shall comply with
minimum standards for light, health, safety, and occupancy in conformance with other applicable City
codes and ordinances.
15. Day Care Centers – A facility operated with a state license for the purpose of providing care,
protection and guidance to more than twelve children under the age of fourteen years of age for less
than a 24-hour period. This term does not include kindergartens and public and private educational
facilities or any facility offering care to individuals for a full 24-hour period.
16. Grocery Stores – A special use permit is required for the use of gasoline pumps in conjunction with a
grocery store.
17. Billiard Parlor – Compliance with Chapter 10 of the Code of Ordinances is required for a Billiard
Parlor.
18. Wind Driven Generators – No wind driven generator shall be constructed without approval of a special
use permit per Section 3.24 of the Land Development Code.
a. All wind driven generator towers shall be of a monopole design. All wiring shall be buried
underground by means of a conduit system.
b. A wind driven generator may be considered on lots measuring a minimum of 1.5 acres.
c. The maximum height of a wind driven generator shall be no greater than 50 feet, measured from
the existing ground level to the highest point of the blades.
d. All wind energy structures, including tower and rotor, shall stand independent of any building or
structure and shall have a minimum setback from any property line, right-of-way, power line, or
other improvement of 1.5 times the height of the wind energy structure. It shall also be located
entirely in the rear yard and shall not be located in any required setback.
e. The maximum noise level shall not exceed 50 dB(a), measured from the property line, adjacent to
any residentially zoned property, and 60 dB(a) adjacent to all other zoning districts.
f. A wind tower and generator shall not be artificially lighted unless such lighting is required by the
Federal Aviation Administration.
g. The wind tower must either (a) have a locked anti-climb device installed on the tower; or (b) be
completely enclosed by a locked, protective fence at least 6 feet in height.
h. No signage or advertisements shall be allowed on the wind tower.
i. A maximum of one wind energy system, including the tower, shall be permitted per lot.
j. A wind driven generator, found to be non-productive or unused, for a period exceeding 180 days,
shall be immediately removed from the premise and the site returned to its prior condition, at the
expense of the property owner.
19. Portable Storage Structures – A portable storage structure is any container, storage unit, shed-like
container or other portable structure, other than an accessory building complying with all building
codes and Land Development Code requirements, that can or is used for the storage of personal
property of any kind and which is located for such purposes outside an enclosed building.
The use of portable storage structures are allowed under the following conditions:
a. A temporary use permit shall be obtained from the Community Development Department prior to
placement for any portable storage structure.
b. There shall be no more than one (1) portable storage structure per property.
c. The portable storage structure must be no larger than ten (10) feet wide, twenty (20) feet long
and ten (10) feet high.
Proposed Changes to Section 3.24(C) of the Land Development Code
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 5
d. A portable storage structure must not remain at a property in any zoning district in excess of thirty
(30) consecutive days, and must not be placed at any one property in a zoning district in excess
of thirty (30) days in any calendar year.
e. The portable storage structure must be set back a minimum of five (5) feet from all property lines.
f. The portable storage structure must be set back a minimum of five (5) feet from the nearest wall
of a building.
g. The portable storage structure must be placed on an asphalt or concrete surface.
h. The portable storage structure shall not be placed upon any street or within any rights-of-way.
i. Portable storage structures associated with construction at a site where a building permit has
been issued, are permitted for the duration of construction and shall be removed from the site
within fourteen (14) days of the end of construction. Portable storage structures associated with
construction are exempt from the aforementioned conditions.
j. Any waivers to the conditions of this section shall be considered by the Zoning Board of
Adjustment in accordance with Chapter One of the Land Development Code.
Proposed Changes to Section 3.24(C) of the Land Development Code
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 1
Section 3.26 Fences, Free Standing Walls, and Screening Materials
A. Scope
1. This section is to regulate fences, free standing walls and other screening material in a manner so as
to promote safety, preserve property values, promote the general welfare of the City of Colleyville,
and to enhance the aesthetic quality of the community.
2. No fence, screen, freestanding wall or other visual barrier shall be constructed or placed in such a
manner as would endanger the health or safety of the general public.
3. For administrative purposes, all references to fences or walls shall be interpreted to apply to free
standing structures.
B. Definitions
Perimeter Subdivision Fencing. A subdivision perimeter fence shall be construed to be any decorative or
security fence along a substantial portion of the boundary or property line of any plat, replat or phase of a
plat or replat or filing of a plat or replat as those terms are defined in Chapter 2 – Definitions of this Land
Development Code, of any property (1) zoned other than CPO, CN, CC1, CC2, CC3, or ML and shown
on an approved plat thereof , or (2) property that is zoned AG, RE, R40, R30, R20, R15, RD, RMF.
C. General Requirements/Prohibitions for all Fences and Fee-standing Walls
1. Screening Required in Residential Districts:
a. Nonresidential uses in a residential district shall be suitably screened from view of any adjacent
residential lot or dwelling use along the side and rear property lines of such nonresidential use
with a decorative masonry wall screening elements and fences of not less than eight (8) feet in
height. Said screening requirements shall not be mandatory for public schools, parks or
churches, except where active outdoor intensive use area (such as a playground) is adjacent to a
residential lot or dwelling. Off-street loading areas of any non-residential use shall be adequately
screened from view of any residential dwelling or lot or of any other adjacent public or semi-public
land use with a decorative masonry wall screening elements and fences of not less than (8) feet
in height or a landscaped berm.
b. Where a multifamily or mobile home use abuts a one or two family district, or where a mobile
home use abuts a one, two or multifamily use or district, the side and rear property lines of said
multifamily or mobile home use or district shall be suitably screened from view of any adjacent
dissimilar residential dwelling or lot with a decorative masonry wall of not less than eight (8) feet
in height or a landscaped berm..
c. Garbage, refuse, and trash collection/storage areas in any multifamily development, mobile home
development, or other nonresidential use permitted in a residential district shall be fully enclosed
by a dense screening element to adequately screen such an area from view of the surrounding
area.
cd. Nothing in this section shall restrict the fencing of tennis courts with traditional fencing material to
a maximum of twelve (12) feet.
2. Screening Required in Non-Residential Districts:
a. Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines
abutting said residential lot, use or district shall be suitably screened, with a solid fencea
decorative masonry wall, by the nonresidential use so as to obscure the view from the residential
lot, use or district to the nonresidential use to a height not less than eight (8) feet. Such fence
shall consist of wood or masonry materials, or a combination thereof.
Proposed Changes to Section 3.26 of the Land Development Code
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 2
b. Where a district boundary separating a residential district from a nonresidential district is along a
street, and an automobile parking lot or parking area is located in the front yard of the
nonresidential use, then said parking lot or parking area facing the residential lot, use or district
shall be suitably screened to a height of not less than three and one-half (3-1/2) feet.
c. Garbage, refuse and trash collection/storage areas shall be fully enclosed by a suitable screening
element of not less than six (6) feet in height.
cd. In all districts where open storage is permitted and the screening thereof is required, then such
screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in
height and shall be composed of decorative masonry material.
de. Off-street loading areas shall be adequately screened from view of any residential dwelling lot or
of any other adjacent residential land use with a decorative masonry wall of not less than eight
feet in height or a landscaped berm.
ef. All roof mounted mechanical equipment and parapet wall structural supports shall be screened
from view.
f. All required screening between residential and commercial, institutional, multifamily and moble
home uses shall be maintained in good condition by the property owner of the commercial,
institutional, multifamily and moble home use.
3. Screening Requirements for Waste, Garbage, Compacting and Recycling Containers: The following
regulations shall apply to all multifamily, mixed-use, institutional and commercial uses where large
containers are utilized for the storage or compacting of waste, garbage or recycling materials for any
properties where the primary structure was constructed on or after January 1, 2013:
a. All containers shall be fully enclosed by a decorative masonry wall.
b. Masonry materials shall match the masonry materials of the exterior wall of the primary structure
on the property where the container is located.
c. The height of the screening wall shall be a minimum of six feet, or one foot above the height of
the container/compactor, whichever is greater, and shall not exceed 10 feet in height.
d. The gate shall be composed of a durable metal and shall be of a color that matches or
compliments the masonry wall.
e. The gate shall remain closed at all times. Exception: gates for recycling bins may remain open
provided all recycling material is completely stored within the container.
f. Where possible, gates shall be oriented away from the view of any roadway traffic.
g. All enclosures and containers shall be located behind all required building setbacks and shall be
located a minimum of 25 feet from any properties zoned or used for non-multifamily residential
purposes.
h. For properties where the primary structure was constructed before January 1, 2013, the required
enclosure and gate may be composed of wood or masonry materials to a minimum height of six
feet unless subject to a different requirement as part of an SUP or PUD ordinance. However,
loss of any legal-nonconforming status for any property and/or building as described in Section
3.7 shall require full compliance with this section.
i. All enclosures, including gates, shall be maintained in good condition by the property owner.
43. Obstruction Prohibited: No fence, screen, free standing wall or other visual barrier shall be so located
or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive
intersection. A visual barrier shall be deemed to be any fence, wall, hedge, shrubbery, etc., higher
Proposed Changes to Section 3.26 of the Land Development Code
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 3
than thirty (30) inches above ground level at the property line, except single trees having single
trunks, which are pruned to a height of seven (7) feet above ground level. See Exhibit “3-1”.
Exhibit “3-1”
Obstructions Prohibited
54. Twenty-Five (25) Foot Visibility Triangle Required: No fence, screen, wall or visual barrier shall be
located or placed where it obstructs the vision of motor vehicle drivers approaching any street
intersection. At all street intersections, clear vision shall be maintained across the lot for a distance of
twenty-five (25) feet back from the property corner along both streets. See Exhibit “3-2”.
Exhibit “3-2”
Visibility Triangle
65. Barbed Wire Prohibited: Fences constructed of barbed wire and walls topped with broken glass or
surfaced with any like material shall be prohibited except as provided below.
Barbed wire fences used in conjunction with permitted agricultural, livestock, and related activities, or
in industrial districts are permitted without restrictions.
Barbed wire strands may be placed on the top of security fences in non-residential districts for the
purpose of security from theft, entry and hazard such as around public utility substations and uses of
a similar nature, provided the top strand is not higher than eight (8) feet nor the bottom strand lower
than six (6) feet from the adjacent grade line.
76. Electrical Fences: Electrical fences and fence charging devices (Underwriters Laboratory approved)
shall be plainly marked at a minimum of twenty-five (25) foot intervals as to the nature thereof.
87. Eight (8) Foot Maximum Height: No fence in a residential district shall exceed eight (8) feet in height
above ground level at the fence line.
98. Property Owners' Responsibility: The construction of a fence or wall on the property line shall not
preclude the property owner's responsibility to maintain and keep the area defined between the
extension of the property lines to the back of curb or edge of pavement free and clear of debris and
5high weeds. See Exhibit “3-3”.
Proposed Changes to Section 3.26 of the Land Development Code
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 4
Exhibit “3-3”
Property Owner’s Responsibility
109. Public Property: No fence, guy wire, brace or any post of such fence shall be constructed
upon or cause to protrude over property that the City or the general public has dominion and control
over, owns or has an easement over, under, around or through, except upon drainage and utility
easements which are permitted to be fenced.
110. Floodway Permit Required: The construction of a fence or wall in a floodway as shown on the
most recent revision of the "Floodway - Flood Boundary and Floodway Map" prepared by the Federal
Emergency Management Agency (FEMA) shall require a development permit as currently required in
the City's drainage policies.
121. Swimming Pools: All swimming pools shall be fenced. A solid or chain link type fence or a
barrier at least four (4) feet in height shall completely enclose every swimming pool to be constructed.
There shall be no openings, holes, or gaps bigger than four (4) inch spaces and no openings
whatsoever on horizontal picket type fences. All gates allowing access to the pool area shall be self-
closing with self-latching devices located in the upper quarter of the gate. All entrances to the
swimming pool area must be able to be secured by a combination or keylocking device. A dwelling
house, accessory building, or apartment building may be used as part of such enclosure provided that
all entrances to the swimming pool are equipped with gates as described herein. All fences should
conform to local governmental codes and restrictions.
13. Pre-Formed Concrete: Pre-formed concrete is a permitted masonry material provided the texture
adequately mimics the intended style match, be it wood, brick, stone, etc. Pre-formed concrete
fences shall be maintained in good condition including any painted fences. The building official shall
approve the final finished surface and reserves the right to deny a fence permit application if the
surface does not adhere to the intent of these regulations.
D. Fence and Free Standing Wall Setback Requirements
1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than
twenty-five (25) percent solid construction shall extend into the required yard on which the primary
structurehome faces.
a. The primary fencing material shall be of wrought iron, pre-formedcast concrete, poured in place
concrete, concrete masonry unit (CMU), brick, approved wood rail construction, a combination
thereof or other similar material approved by the City Building Official. All poured in place
concrete and CMU shall contain an architectural finish.
b. On a corner lot, a house shall be deemed to face on that street on which it has it's least
dimension unless otherwise determined by the Building Official.
c. Gate setback: Any gate shall be set back a sufficient distance from the property line to allow
vehicle queuing space in order to maintain safety and to prevent backup along the street
pavement. Sufficient distance shall be determined by the Building Official.
d. Exceptions to front yard requirement: Lots containing a minimum of 40,000 square feet, and
subdivisions, shall be allowed to construct a perimeter fence within the front yard setback. Said
fencing shall be no greater than eight (8) feet in height and shall have no greater than twenty-five
Proposed Changes to Section 3.26 of the Land Development Code
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 5
(25) percent solid construction within the front yard. Allowed construction materials shall be the
same as paragraph “1.a” above. This exception shall not apply to properties zoned as a PUD
district.
2. Corner Side Yards: Except where allowed elsewhere in this chapter, fences and walls within a
required side yard adjacent to a street right of way shall meet the following setback standards:
A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30”) in
height or greater than 25 percent opaque construction) within a required street side yard shall be
subject to whichever of the following provisions a) through d) shall yield the greatest setback:
a. If the subject lot has a street side yard which faces a dwelling front or lot front across the side
street, the side yard privacy fence or wall shall be located not less than fifteen feet (15’) from the
property line, except on any lot having either a required side yard less than fifteen (15’) feet or an
existing primary structure setback less than fifteen (15’) feet, then the fence or wall may be
constructed with the same setback as the primary structure; or
b. If the subject lot backs to the rear of another residential lot, the side yard privacy fence or wall
shall be located not less than fifteen feet (15’) from the side property line; or
c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall
shall be located not closer to the side property line than the required front setback of the adjoining
lot; or
d. If the subject lot backs to an alley, the side yard privacy fence or wall shall be located not closer
than fifteen feet (15’) from the side property line.
A decorative wall or fence (which is defined as any wall or fence not greater than thirty inches in
height and not greater than twenty-five percent opaque construction) within a required street side
yard shall not be placed less than three feet (3’) from the side property line, and shall not be
subject to the provisions of the preceding sections (a) through (d).
3. Adjacent to Undeveloped Property: Except for perimeter subdivision fencing meeting the
requirements in paragraph “1.a” above, no fence or wall greater than thirty (30) inches in height and
no greater than twenty-five (25) percent solid masonry, shall be located less than fifteen (15) feet
from the side property line adjacent to the street which leads into undeveloped property. See Exhibit
“3-4”.
Exhibit “3-4”
Typical 15’-0” Fence Setbacks
4. Rear Fence and Free Standing Wall Setbacks: Fences and walls meeting all of the construction
requirements of paragraph “1.a” above and the Uniform Building Code may be erected on the rear
property line except; however, lots whose rear property line abuts a public street on which one of the
Proposed Changes to Section 3.26 of the Land Development Code
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 6
immediate adjacent lots maintains its required front yard, then no fence nor wall greater than thirty
(30) inches in height shall be located within fifteen (15) feet of the subject lots rear property line. See
Exhibit “3-4”.
E. Security Gating Encroachments
A front yard fence or screening wall providing support for a security gate and not exceeding a
maximum height of 6 feet, may encroach a maximum of 10-feet into the front yard setback of a
residential lot when the fence or screening wall meets the following criteria and shown in Exhibit “A”.:
1. The fence or screening wall shall attach to a gated entry across the driveway;
2. The fence or screening wall shall attach to the dwelling unit not more than 10 feet
from the driveway and extend toward the driveway;
3. The fence or screening wall shall extend to the nearest side property line;
4. The fence or screening wall shall not extend beyond 10 feet into the setback from
the dwelling unit;
5. The fence or screening wall shall not enclose nor extend across the entire front
yard;
6. The gate and columns may not extend beyond one foot in height above the
fence;
7. A minimum setback distance of 20 feet from the fence, screening wall and gate
to the front property line shall be maintained.
F. Administration
1. Fence Permit Required - It shall be unlawful for any individual, partnership, company or corporation to
erect or have erected a fence or any part of a fence of permanent construction in the city limits
without first obtaining a fence permit from the Office of Building Inspections.
2. Application for Permit - Any individual, partnership, company or corporation making application for a
fence permit must sign an application for same showing the following information:
a. Applicants name, address, and in addition, if the applicant represents a company or corporation,
the name and address of the supervisor or foreman of said company or corporation and the name
of its president.
b. Name and owner of the property.
c. Local address where fence is proposed to be erected.
d. Materials and type of fence construction.
e. Height of fence.
f. Applicant shall provide engineering plans and specifications for those types of fences where such
engineering is deemed appropriate by the Building Official. The engineering plans shall be
reviewed and approved by the Building Official prior to issuance of a fence permit.
Proposed Changes to Section 3.26 of the Land Development Code
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 7
g. Survey showing lot on which the fence is proposed to be erected and the location of adjoining or
adjacent lots showing existing structures and fences. The proposed fence shall be delineated by
a dark heavy line. In AG zoning districts a scaled plot plan can be submitted in lieu of a survey.
Proposed Changes to Section 3.26 of the Land Development Code
ORDINANCE O-13-xxxx
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 3, LAND USE, SECTION 3.24(C) – SPECIAL LAND USE
STANDARDS AND, SECTION 3.26 – FENCES, FREE STANDING WALLS
AND SCREENING MATERIALS 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
O-00-1214 on April 18, 2000, adopting the Land Development
Code; and
WHEREAS, the City of Colleyville desires to amend certain portion of the
Land Development by adding a section regulating portable
storage structures and by amending the general screening
requirements; 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 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 3 Land Use, SECTION 3.24(C) – SPECIAL LAND USE
STANDARDS of the Land Development Code, is hereby amended
in its entirety to read as depicted in the attached Exhibit “A”.
Sec. 2. THAT Chapter 3 Land Use, SECTION 3.26 – FENCES, FREE
STANDING WALLS AND SCREENING MATERIALS of the Land
Development Code, is hereby amended in its entirety to read as
depicted in the attached Exhibit “B”.
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
Ordinance O-13-XXXX
Page 2 of 2
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. 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. 7. THAT this ordinance shall take effect immediately from and after
its passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 2nd day of April
2013.
The second reading and public hearing being conducted on the 16th day of
April 2013.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the _________ day of ________________________ 2013.
ATTEST: CITY OF COLLEYVILLE
Amy Shelley David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 2
C. Special Land Use Standards – The following Special Land Use: Standards, which are referenced in the
Special Land Use Standards column of Table 3.24.B, Schedule of Permitted Principal Uses, refer to
additional standards and requirements that are applicable to the listed land use.
1. Bed and Breakfast – a Certificate of Occupancy (C.O.) is required prior to occupancy of the premises
as a bed & breakfast. The C.O. shall be obtained after an inspection has determined that the
structure is in compliance with all applicable current codes and ordinances of the City of Colleyville
and the following additional conditions:
a. The structure is structurally sound.
b. There are no clear and present dangers as to fire and fire safety.
c. The plumbing is in compliance with the currently adopted code requirements for the zoning
district in which it is located.
d. The electrical system is in compliance with the currently adopted Electrical Code for the zoning
district in which it is located.
e. Smoke detectors shall be placed in each individual bedroom which is offered for public use and
smoke detectors shall also be placed in any hallway adjacent thereto.
f. Signs, not exceeding one and one-half (1-1/2) square feet, shall indicate only the address and the
establishment name.
g. Off-street parking shall be located behind the front building line of the structure and shall be
screened from public view, and shall be provided in the following manner: one space per
bedroom offered for temporary rental in addition to that required for the zoning district in which it
is located.
h. The total rental bedroom area of the structure shall not exceed twenty-five (25) percent of the
total floor area of the dwelling.
Also, in order to continue operation:
i. Annual inspections shall be required for each bed and breakfast facility to ensure ongoing
compliance with the requirements of this Section.
ii. Food service shall comply with all provisions of the City Code.
iii. The structure shall comply with all current City Codes, including, but not limited to Building
Codes, Plumbing Codes, Electrical Codes, Fire and Safety Codes, and others as may from
time to time be adopted.
ix. The length of stay for any guest is limited to fifteen (15) consecutive days.
2. Assisted Living Facilities – A facility operated under a certificate of compliance document issued by
the Texas Department of Aging and Disability Services, in which food, shelter, and person assistance
or supervision are provided for a period of at least 14 days for four or more aged adults who do not
require hospitalization or skilled or intermediate nursing care.
3. Telecommunication Towers – Construction shall be of monopole design only; and
a. the distance between the base of the tower and any Agricultural (Ag) or residential district shall
be not less than two (2) times the height of the tower; and
b. the site plan shall meet all other commercial development requirements of the City such as site
plan review, landscaping, setbacks; and
c. a minimum of one paved parking space shall be provided at the site of the structure.
4. Veterinarian Clinic with indoor kennels – A facility containing indoor kennels shall be subject to the
following conditions.
a. The entire business must be conducted within a soundproofed building. Noise and odors created
by activities within the building shall not be discernible beyond the property line.
b. No animals shall be kept outside the building.
5. Medical and veterinary clinics – Outpatient services only.
6. Archery & firearm ranges – An SUP required in every zoning district, except CN & CC, for sales
activity over 9 mo. per year.
Exhibit "A"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 3
7. Movie Theater Uses: A movie theater shall not contain more than six primary projection screens and
two secondary executive viewing rooms and shall not exceed 28,500 square feet in total building size.
For purpose of this regulation, a secondary executive viewing room shall not exceed a maximum of
fifty (50) seats. (O-04-1454 / 4-16-04) (O-05-1538 / 09/06/05)
8. Home Occupation Uses:
a. No person other than members of the family residing on the premises shall be engaged in such
occupation;
b. The use of the dwelling unit or accessory building for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its occupants, and not more than
twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the
home occupation;
c. There shall be no change in the outside appearance of the building or premises, or other visible
evidence of the conduct of such home occupation other than one sign, not exceeding one (1)
square foot in area, non-illuminated, and mounted flat against the wall of the principal building.
d. No traffic shall be generated by such home occupation in greater volumes than would normally be
expected in a residential neighborhood, and any need for parking generated by the conduct of
such home occupation shall be met off the street on a driveway or other hard surface all weather
area;
e. No equipment or process shall be used in such home occupation which creates noise, vibration,
glare, fumes, odors, or electrical interference detectable to the normal senses of any adjacent or
nearby site occupant. In the case of electrical interference, no equipment or process shall be
used which creates visual or audible interference in any radio or television receivers off the
premises, or causes fluctuations in line voltage off the premises.
f. Home occupation uses and activities shall be limited to the following: seamstress; accounting;
bookkeeping and tax services; notary public; insurance and real estate; cosmetics and household
sundries; private educational, music and dance tutoring; arts, crafts and home hobby shops;
garage, yard and patio sales of short temporary duration; mail order brokerage; and other similar
activities --- but excluding medical and law offices, beauty shops, pet grooming services, kennels
and other such activities.
9. Private (HOA) Recreational Facilities – Buildings or structures in which members of a neighborhood
association may gather for social, educational or cultural activities that are intended to serve the site
occupants and guests thereof.
10. Emergency Clinics – Outpatient services only.
11. Livestock Raising and Breeding – A Special Use Permit is required for swine farming.
12. Alcoholic Beverage and Package Store Sales – A Special Use Permit is required for the sale of
alcoholic beverages. A package store shall require the approval of a separate Special Use Permit.
Any existing Special Use Permit for the sale of alcoholic beverages for off-premise consumption shall
only be for beer and/or wine as specified in the approving ordinance and shall not be considered as
approval for a package store as defined in Chapter Two. Also refer to Chapter 6 of the Code of
Ordinances for additional regulations regarding alcoholic beverage sales.
13. Vehicle Repair – Vehicle repair, including the repair of other motorized vehicles, are permitted in
accordance with the Schedule of Permitted Uses, subject to the following conditions.
a. All repairs and servicing shall be conducted within an enclosed building.
b. A business that conducts vehicle repair and is located on property adjacent to a residential use
shall provide a six-foot tall solid screen along the property line adjacent to the residential use.
c. Except for wrecked vehicles, no more than two vehicles per bay or repair/inspection station that
have been accepted for repair or servicing shall be parked/stored outside after regular business
hours.
Exhibit "A"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 4
d. Wrecked or dismantled vehicles waiting for repair shall not be visible from the street and shall be
stored in an enclosed building or within a completely enclosed area behind a six-foot tall solid
screening fence.
14. Servants or Caretaker Quarters – Servants quarters for domestic servants employed on the premises
or family members provided the gross habitable square feet of floor area shall not exceed six-hundred
(600’) square feet. Such quarters may be housed within the principal residential dwelling, above a
residential garage, or be part of an accessory building on the same premises, and shall comply with
minimum standards for light, health, safety, and occupancy in conformance with other applicable City
codes and ordinances.
15. Day Care Centers – A facility operated with a state license for the purpose of providing care,
protection and guidance to more than twelve children under the age of fourteen years of age for less
than a 24-hour period. This term does not include kindergartens and public and private educational
facilities or any facility offering care to individuals for a full 24-hour period.
16. Grocery Stores – A special use permit is required for the use of gasoline pumps in conjunction with a
grocery store.
17. Billiard Parlor – Compliance with Chapter 10 of the Code of Ordinances is required for a Billiard
Parlor.
18. Wind Driven Generators – No wind driven generator shall be constructed without approval of a special
use permit per Section 3.24 of the Land Development Code.
a. All wind driven generator towers shall be of a monopole design. All wiring shall be buried
underground by means of a conduit system.
b. A wind driven generator may be considered on lots measuring a minimum of 1.5 acres.
c. The maximum height of a wind driven generator shall be no greater than 50 feet, measured from
the existing ground level to the highest point of the blades.
d. All wind energy structures, including tower and rotor, shall stand independent of any building or
structure and shall have a minimum setback from any property line, right-of-way, power line, or
other improvement of 1.5 times the height of the wind energy structure. It shall also be located
entirely in the rear yard and shall not be located in any required setback.
e. The maximum noise level shall not exceed 50 dB(a), measured from the property line, adjacent to
any residentially zoned property, and 60 dB(a) adjacent to all other zoning districts.
f. A wind tower and generator shall not be artificially lighted unless such lighting is required by the
Federal Aviation Administration.
g. The wind tower must either (a) have a locked anti-climb device installed on the tower; or (b) be
completely enclosed by a locked, protective fence at least 6 feet in height.
h. No signage or advertisements shall be allowed on the wind tower.
i. A maximum of one wind energy system, including the tower, shall be permitted per lot.
j. A wind driven generator, found to be non-productive or unused, for a period exceeding 180 days,
shall be immediately removed from the premise and the site returned to its prior condition, at the
expense of the property owner.
19. Portable Storage Structures – A portable storage structure is any container, storage unit, shed-like
container or other portable structure, other than an accessory building complying with all building
codes and Land Development Code requirements, that can or is used for the storage of personal
property of any kind and which is located for such purposes outside an enclosed building.
The use of portable storage structures are allowed under the following conditions:
a. A temporary use permit shall be obtained from the Community Development Department prior to
placement for any portable storage structure.
b. There shall be no more than one (1) portable storage structure per property.
c. The portable storage structure must be no larger than ten (10) feet wide, twenty (20) feet long
and ten (10) feet high.
Exhibit "A"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 5
d. A portable storage structure must not remain at a property in any zoning district in excess of thirty
(30) consecutive days, and must not be placed at any one property in a zoning district in excess
of thirty (30) days in any calendar year.
e. The portable storage structure must be set back a minimum of five (5) feet from all property lines.
f. The portable storage structure must be set back a minimum of five (5) feet from the nearest wall
of a building.
g. The portable storage structure must be placed on an asphalt or concrete surface.
h. The portable storage structure shall not be placed upon any street or within any rights-of-way.
i. Portable storage structures associated with construction at a site where a building permit has
been issued, are permitted for the duration of construction and shall be removed from the site
within fourteen (14) days of the end of construction. Portable storage structures associated with
construction are exempt from the aforementioned conditions.
j. Any waivers to the conditions of this section shall be considered by the Zoning Board of
Adjustment in accordance with Chapter One of the Land Development Code.
Exhibit "A"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 1
Section 3.26 Fences, Free Standing Walls, and Screening Materials
A. Scope
1. This section is to regulate fences, free standing walls and other screening material in a manner so as
to promote safety, preserve property values, promote the general welfare of the City of Colleyville,
and to enhance the aesthetic quality of the community.
2. No fence, screen, freestanding wall or other visual barrier shall be constructed or placed in such a
manner as would endanger the health or safety of the general public.
3. For administrative purposes, all references to fences or walls shall be interpreted to apply to free
standing structures.
B. Definitions
Perimeter Subdivision Fencing. A subdivision perimeter fence shall be construed to be any decorative or
security fence along a substantial portion of the boundary or property line of any plat, replat or phase of a
plat or replat or filing of a plat or replat as those terms are defined in Chapter 2 – Definitions of this Land
Development Code, of any property (1) zoned other than CPO, CN, CC1, CC2, CC3, or ML and shown
on an approved plat thereof , or (2) property that is zoned AG, RE, R40, R30, R20, R15, RD, RMF.
C. General Requirements/Prohibitions for all Fences and Fee-standing Walls
1. Screening Required in Residential Districts:
a. Nonresidential uses in a residential district shall be suitably screened from view of any adjacent
residential lot or dwelling use along the side and rear property lines of such nonresidential use
with a decorative masonry wall of not less than eight (8) feet in height. Said screening
requirements shall not be mandatory for public schools, parks or churches, except where active
outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Off-
street loading areas of any non-residential use shall be adequately screened from view of any
residential dwelling or lot or of any other adjacent public or semi-public land use with a decorative
masonry wall of not less than (8) feet in height or a landscaped berm .
b. Where a multifamily or mobile home use abuts a one or two family district, or where a mobile
home use abuts a one, two or multifamily use or district, the side and rear property lines of said
multifamily or mobile home use or district shall be suitably screened from view of any adjacent
dissimilar residential dwelling or lot with a decorative masonry wall of not less than eight (8) feet
in height or a landscaped berm.
c. Nothing in this section shall restrict the fencing of tennis courts with traditional fencing material to
a maximum of twelve (12) feet.
2. Screening Required in Non-Residential Districts:
a. Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines
abutting said residential lot, use or district shall be suitably screened, with a decorative masonry
wall, by the nonresidential use so as to obscure the view from the residential lot, use or district to
the nonresidential use to a height not less than eight (8) feet.
b. Where a district boundary separating a residential district from a nonresidential district is along a
street, and an automobile parking lot or parking area is located in the front yard of the
nonresidential use, then said parking lot or parking area facing the residential lot, use or district
shall be suitably screened to a height of not less than three and one-half (3-1/2) feet.
c. In all districts where open storage is permitted and the screening thereof is required, then such
Exhibit "B"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 2
screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in
height and shall be composed of decorative masonry material
d. Off-street loading areas shall be adequately screened from view of any residential dwelling lot or
of any other adjacent residential land use with a decorative masonry wall of not less than eight
feet in height or a landscaped berm.
e. All roof mounted mechanical equipment and parapet wall structural supports shall be screened from
view.
f. All required screening between residential and commercial, institutional, multifamily and moble
home uses shall be maintained in good condition by the property owner of the commercial,
institutional, multifamily and moble home use.
3. Screening Requirements for Waste, Garbage, Compacting and Recycling Containers: The following
regulations shall apply to all multifamily, mixed-use, institutional and commercial uses where large
containers are utilized for the storage or compacting of waste, garbage or recycling materials for any
properties where the primary structure was constructed on or after January 1, 2013:
a. All containers shall be fully enclosed by a decorative masonry wall.
b. Masonry materials shall match the masonry materials of the exterior wall of the primary structure
on the property where the container is located.
c. The height of the screening wall shall be a minimum of six feet, or one foot above the height of
the container/compactor, whichever is greater, and shall not exceed 10 feet in height.
d. The gate shall be composed of a durable metal and shall be of a color that matches or
compliments the masonry wall.
e. The gate shall remain closed at all times. Exception: gates for recycling bins may remain open
provided all recycling material is completely stored within the container.
f. Where possible, gates shall be oriented away from the view of any roadway traffic.
g. All enclosures and containers shall be located behind all required building setbacks and shall be
located a minimum of 25 feet from any properties zoned or used for non-multifamily residential
purposes.
h. For properties where the primary structure was constructed before January 1, 2013, the required
enclosure and gate may be composed of wood or masonry materials to a minimum height of six
feet unless subject to a different requirement as part of an SUP or PUD ordinance. However,
loss of any legal-nonconforming status for any property and/or building as described in Section
3.7 shall require full compliance with this section.
i. All enclosures, including gates, shall be maintained in good condition by the property owner.
4. Obstruction Prohibited: No fence, screen, free standing wall or other visual barrier shall be so located
or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive
intersection. A visual barrier shall be deemed to be any fence, wall, hedge, shrubbery, etc., higher
than thirty (30) inches above ground level at the property line, except single trees having single
trunks, which are pruned to a height of seven (7) feet above ground level. See Exhibit “3-1”.
Exhibit "B"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 3
Exhibit “3-1”
Obstructions Prohibited
5. Twenty-Five (25) Foot Visibility Triangle Required: No fence, screen, wall or visual barrier shall be
located or placed where it obstructs the vision of motor vehicle drivers approaching any street
intersection. At all street intersections, clear vision shall be maintained across the lot for a distance of
twenty-five (25) feet back from the property corner along both streets. See Exhibit “3-2”.
Exhibit “3-2”
Visibility Triangle
6. Barbed Wire Prohibited: Fences constructed of barbed wire and walls topped with broken glass or
surfaced with any like material shall be prohibited except as provided below.
Barbed wire fences used in conjunction with permitted agricultural, livestock, and related activities, or
in industrial districts are permitted without restrictions.
Barbed wire strands may be placed on the top of security fences in non-residential districts for the
purpose of security from theft, entry and hazard such as around public utility substations and uses of
a similar nature, provided the top strand is not higher than eight (8) feet nor the bottom strand lower
than six (6) feet from the adjacent grade line.
7. Electrical Fences: Electrical fences and fence charging devices (Underwriters Laboratory approved)
shall be plainly marked at a minimum of twenty-five (25) foot intervals as to the nature thereof.
8. Eight (8) Foot Maximum Height: No fence in a residential district shall exceed eight (8) feet in height
above ground level at the fence line.
9. Property Owners' Responsibility: The construction of a fence or wall on the property line shall not
preclude the property owner's responsibility to maintain and keep the area defined between the
extension of the property lines to the back of curb or edge of pavement free and clear of debris and
5high weeds. See Exhibit “3-3”.
Exhibit "B"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 4
Exhibit “3-3”
Property Owner’s Responsibility
10. Public Property: No fence, guy wire, brace or any post of such fence shall be constructed upon or
cause to protrude over property that the City or the general public has dominion and control over,
owns or has an easement over, under, around or through, except upon drainage and utility
easements which are permitted to be fenced.
11. Floodway Permit Required: The construction of a fence or wall in a floodway as shown on the most
recent revision of the "Floodway - Flood Boundary and Floodway Map" prepared by the Federal
Emergency Management Agency (FEMA) shall require a development permit as currently required in
the City's drainage policies.
12. Swimming Pools: All swimming pools shall be fenced. A solid or chain link type fence or a barrier at
least four (4) feet in height shall completely enclose every swimming pool to be constructed. There
shall be no openings, holes, or gaps bigger than four (4) inch spaces and no openings whatsoever on
horizontal picket type fences. All gates allowing access to the pool area shall be self-closing with
self-latching devices located in the upper quarter of the gate. All entrances to the swimming pool
area must be able to be secured by a combination or keylocking device. A dwelling house, accessory
building, or apartment building may be used as part of such enclosure provided that all entrances to
the swimming pool are equipped with gates as described herein. All fences should conform to local
governmental codes and restrictions.
13. Pre-Formed Concrete: Pre-formed concrete is a permitted masonry material provided the texture
adequately mimics the intended style match, be it wood, brick, stone, etc. Pre-formed concrete
fences shall be maintained in good condition including any painted fences. The building official shall
approve the final finished surface and reserves the right to deny a fence permit application if the
surface does not adhere to the intent of these regulations.
D. Fence and Free Standing Wall Setback Requirements
1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than
twenty-five (25) percent solid construction shall extend into the required yard on which the primary
structurefaces.
a. The primary fencing material shall be of wrought iron, pre-formed concrete, poured in place
concrete, concrete masonry unit (CMU), brick, approved wood rail construction, a combination
thereof or other similar material approved by the City Building Official. All poured in place
concrete and CMU shall contain an architectural finish.
b. On a corner lot, a house shall be deemed to face on that street on which it has it's least
dimension unless otherwise determined by the Building Official.
c. Gate setback: Any gate shall be set back a sufficient distance from the property line to allow
vehicle queuing space in order to maintain safety and to prevent backup along the street
pavement. Sufficient distance shall be determined by the Building Official.
d. Exceptions to front yard requirement: Lots containing a minimum of 40,000 square feet, and
subdivisions, shall be allowed to construct a perimeter fence within the front yard setback. Said
fencing shall be no greater than eight (8) feet in height and shall have no greater than twenty-five
Exhibit "B"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 5
(25) percent solid construction within the front yard. Allowed construction materials shall be the
same as paragraph “1.a” above. This exception shall not apply to properties zoned as a PUD
district.
2. Corner Side Yards: Except where allowed elsewhere in this chapter, fences and walls within a
required side yard adjacent to a street right of way shall meet the following setback standards:
A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30”) in
height or greater than 25 percent opaque construction) within a required street side yard shall be
subject to whichever of the following provisions a) through d) shall yield the greatest setback:
a. If the subject lot has a street side yard which faces a dwelling front or lot front across the side
street, the side yard privacy fence or wall shall be located not less than fifteen feet (15’) from the
property line, except on any lot having either a required side yard less than fifteen (15’) feet or an
existing primary structure setback less than fifteen (15’) feet, then the fence or wall may be
constructed with the same setback as the primary structure; or
b. If the subject lot backs to the rear of another residential lot, the side yard privacy fence or wall
shall be located not less than fifteen feet (15’) from the side property line; or
c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall
shall be located not closer to the side property line than the required front setback of the adjoining
lot; or
d. If the subject lot backs to an alley, the side yard privacy fence or wall shall be located not closer
than fifteen feet (15’) from the side property line.
A decorative wall or fence (which is defined as any wall or fence not greater than thirty inches in
height and not greater than twenty-five percent opaque construction) within a required street side
yard shall not be placed less than three feet (3’) from the side property line, and shall not be
subject to the provisions of the preceding sections (a) through (d).
3. Adjacent to Undeveloped Property: Except for perimeter subdivision fencing meeting the
requirements in paragraph “1.a” above, no fence or wall greater than thirty (30) inches in height and
no greater than twenty-five (25) percent solid masonry, shall be located less than fifteen (15) feet
from the side property line adjacent to the street which leads into undeveloped property. See Exhibit
“3-4”.
Exhibit “3-4”
Typical 15’-0” Fence Setbacks
4. Rear Fence and Free Standing Wall Setbacks: Fences and walls meeting all of the construction
requirements of paragraph “1.a” above and the Uniform Building Code may be erected on the rear
property line except; however, lots whose rear property line abuts a public street on which one of the
Exhibit "B"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 6
immediate adjacent lots maintains its required front yard, then no fence nor wall greater than thirty
(30) inches in height shall be located within fifteen (15) feet of the subject lots rear property line. See
Exhibit “3-4”.
E. Security Gating Encroachments
A front yard fence or screening wall providing support for a security gate and not exceeding a
maximum height of 6 feet, may encroach a maximum of 10-feet into the front yard setback of a
residential lot when the fence or screening wall meets the following criteria and shown in Exhibit “A”.:
1. The fence or screening wall shall attach to a gated entry across the driveway;
2. The fence or screening wall shall attach to the dwelling unit not more than 10 feet
from the driveway and extend toward the driveway;
3. The fence or screening wall shall extend to the nearest side property line;
4. The fence or screening wall shall not extend beyond 10 feet into the setback from
the dwelling unit;
5. The fence or screening wall shall not enclose nor extend across the entire front
yard;
6. The gate and columns may not extend beyond one foot in height above the
fence;
7. A minimum setback distance of 20 feet from the fence, screening wall and gate
to the front property line shall be maintained.
F. Administration
1. Fence Permit Required - It shall be unlawful for any individual, partnership, company or corporation to
erect or have erected a fence or any part of a fence of permanent construction in the city limits
without first obtaining a fence permit from the Office of Building Inspections.
2. Application for Permit - Any individual, partnership, company or corporation making application for a
fence permit must sign an application for same showing the following information:
a. Applicants name, address, and in addition, if the applicant represents a company or corporation,
the name and address of the supervisor or foreman of said company or corporation and the name
of its president.
b. Name and owner of the property.
c. Local address where fence is proposed to be erected.
d. Materials and type of fence construction.
e. Height of fence.
f. Applicant shall provide engineering plans and specifications for those types of fences where such
engineering is deemed appropriate by the Building Official. The engineering plans shall be
reviewed and approved by the Building Official prior to issuance of a fence permit.
Exhibit "B"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 7
g. Survey showing lot on which the fence is proposed to be erected and the location of adjoining or
adjacent lots showing existing structures and fences. The proposed fence shall be delineated by
a dark heavy line. In AG zoning districts a scaled plot plan can be submitted in lieu of a survey.
Exhibit "B"