HomeMy WebLinkAboutCity Council-Agenda Packets-1/21/2014 City of Colleyville Page 1
City of Colleyville
City Council
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Tuesday, January 21, 2014 City Council Chambers
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
PC-1 Presentation of the 2013 Annual Crime Report
PC-2 Update on Public Infrastructure
PC-3 Discuss the selection of a date for a City Council worksession to discuss
the preliminary design for the Glade Road project and the development
review process
PC-4 Discuss the March 4, 2014 City Council meeting date
PC-5 Presentation of the Monthly Financial Report - December 2013
PC-6 Discussion of the January 21, 2014, City Council regular agenda items
1. 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
Section 551.071 - Legal - Consultation with attorney regarding pending
litigation - Moxie Pest Services - Dallas, LLC v. City of Colleyville
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease,
or value of real property for City facilities
Section 551.087 – Economic Development - Discuss or deliberate
regarding commercial or financial information that the City has received
from business prospects that the City seeks to have locate, stay, or
expand in the City and with which the City is conducting economic
development negotiations; deliberate the offer of a financial or other
incentive to a business prospect
City Council Agenda January 21, 2014
City of Colleyville Page 2
RESUME REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
INVOCATION: Pastor Kyle Bauman, Bear Valley Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S)
NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE
SESSION - Resolution R-14-3711
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Recognition of service to a City Board, Commission, or Committee
In recognition of Colleyville's featured business - Luxor Custom
Jewelers, 75 Main Street, Suite 100, Waguih Guirguis,
President/Owner - Mayor David Kelly and Economic Development
Director Marty Wieder
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3712
4a Approval of the minutes of the regular City Council meeting of
January 7, 2014
4b Approval to purchase one (1) Peterbilt Model 348 tandem axle dump
truck from Rush Trucking Center, through the Texas Local
Government Purchasing Cooperative (Buy Board), in an amount not
to exceed $108,078, and authorize the city manager to execute the
contract
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-14-1904
Consideration of a request for a zoning change from the AG-
Agricultural zoning district to the PUD-C-Planned Unit Development
Commercial zoning district on 2.8 acres out of the J.L. Byas Survey,
Abstract 180, located at 1603 and 1605 Hall-Johnson Road, Case
ZC13-020
City Council Agenda January 21, 2014
City of Colleyville Page 3
5b Ordinance O-14-1905
Consideration for approval of amendments to Chapter 3 - Land
Use, Section 3.26-Fences, Free Standing Walls, and Screening
Materials, of the Land Development Code, Case GC13-021
5c Ordinance O-14-1906
Consideration for approval of amendments to Chapter 8 - Plat
Review Procedures of the Land Development Code, Case GC13-022
6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
7. REPORTS
Colleyville Sidewalks Committee Meeting Minutes - April 23, 2013
Planning and Zoning Commission Meeting Minutes - November 25, 2013
8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY
21, 2014 - Reading and Public Hearing - Resolution R-14-3713
9. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday,
January 17, 2014, by 5:00 p.m.
Amy Shelley, TRMC
City Secretary
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
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number PC-1 Agenda Date 01/21/2014
Type Pre Council
Department Police
Title
Presentation of the 2013 Annual Crime Report
Explanation
Colleyville experienced another decrease in crime in 2013. While the decrease may be
slight, it builds upon the unprecedented success of the last few years. Part 1 Crime
reported in 2013 was reduced to its lowest number in over two decades. Colleyville’s
success in lowering crime is directly attributable to the men and women of the
Colleyville Police Department and our many community partners, including the Citizen
Police Academy Alumni Association, Citizens on Patrol (COP), and other volunteers,
businesses, and alert citizens. The Colleyville Police Department employed a variety of
strategies, technologies, and analysis to develop intelligence, identify trends, and
quickly deploy resources, in a directed fashion, to accomplish this crime reduction.
The department utilizes focused monthly management meetings called COMPSTAT to
ensure we are being strategic in our efforts. COMPSTAT, short for computer or
comparative statistics is a strategic management philosophy used to provide a
business model methodology for collecting, analyzing, and mapping crime data and
other essential police performance measures on a monthly basis. The COMPSTAT
model emphasizes accountability within the organization and promotes creative
solutions to identified problems.
Part 1 Crime reporting is used for crime analysis both locally and statewide through the
Uniform Crime Report (UCR). The objective of the UCR program is to produce reliable
crime statistics for law enforcement administration, operation, and management. This
is accomplished through the recording and reporting of the eight Crime Index Offenses
(Part 1 Offenses); murder, rape, robbery, aggravated assault, burglary, theft, auto
theft, and arson.
Law enforcement agencies around the country report the number of known index crime
offenses from their record of complaints from victims, reports from witnesses, and
from crimes discovered by the agency during operation. Reports that are determined
to be unfounded are eliminated from the totals. The resulting number of “offenses
known to law enforcement officials” is reported without regard to whether arrests were
made, stolen property recovered, or prosecution took place.
Each month the Colleyville Police Department prepares and submits specific known
crime statistics to the Federal Bureau of Investigations (FBI), through the Texas
Department of Public Safety. Although these crime statistics do not reflect all reported
City Council Agenda Briefing
City of Colleyville Page 2
crimes, it is what Colleyville and other police agencies around the country are
measured against. Crimes not tracked as index offenses include criminal mischief,
criminal trespass, simple assault, forgery, and other property and minor offenses
against individuals.
2013 versus 2012 Crime Comparison:
In Colleyville, the UCR Part 1 Offense comparison for 2013 versus 2012 reports an
overall decrease in property crime. In 2013, there were 39 burglaries compared to 32
in 2012, a 22% increase. There were 136 thefts reported in 2013 as compared to 148
in 2012, including auto thefts, an 8% decrease. Overall property crime decreased 3%
in 2013. Violent crimes, which include robbery and aggravated assault, increased
during this time period from 5 to 9, an increase of 80%. A year to year comparison of
2013 to 2012 shows a total of 184 Part 1 Offenses as compared to 185 in 2012.
Overall crime for Colleyville in 2013 declined 1%.
There are numerous factors that successfully impacted overall crime in Colleyville over
the last few years and led to the further crime reduction in 2013. The core element of
Colleyville's crime reduction was ensuring that officers are proactively addressing
crime, rather than reacting to it, and fostering relationships with the
community. Through the COMPSTAT process, police staff develop timely and accurate
intelligence information, rapidly deploy the proper resources, develop and utilize
effective tactics, and engage in relentless follow-up.
The department continues to support community partnership programs, such as the
Citizens Police Academy and Citizens on Patrol (COP). These programs represent
invaluable crime deterrents and have also contributed to the decrease in crime.
Citizens on Patrol (COP) provide an excellent opportunity for officers and community
partners to work hand-in-hand with one another. The citizen volunteers report
suspicious incidents, provide traffic control at special events, and provide a visible
presence in the high traffic areas of the community.
Colleyville’s emphasis on public safety has created an environment that fosters a safe
community. As a result, the City of Colleyville has experienced a 40% decline in crime
since 2010. Through the continued utilization of effective management practices, a
professional and passionate workforce, and continued investment in resources, the
Colleyville Police Department will meet each new challenge the future brings with
confidence and determination.
Attachments
1.2013 Annual Crime Report
2013 ANNUAL CRIME REPORT
Colleyville Police Department
Chief Michael Holder
January 21, 2014
WHAT IS UNIFORM CRIME
REPORTING?
The objective of the Uniform Crime Reporting program is to
produce reliable crime statistics for law enforcement
administration, operation, and management.
This is accomplished through the recording and reporting of the
eight (8) Crime Index Offenses (Part 1 Offenses);
Murder
Rape
Robbery
Aggravated Assault
Burglary
Theft
Auto Theft
Arson
2013 ANNUAL CRIME REPORT
Change in Crime
-1%
Part 1 Crimes 2012 2013 Change
Murder 0 0 N/A
Rape 1 0 -100%
Aggravated Assault 3 5 66%
Robbery 1 4 300%
Total Violent 5 9 80%
Burglaries
Non-Residential 22 27 23%
Residential 10 12 20%
Thefts
Burglary of Vehicle 65 40 -38%
Other Theft 80 92 15%
Auto Theft 3 4 33%
Arson 0 0 N/A
Total Property 180 175 -3%
Total Part 1 185 184 -1%
2012 – 2013 Part 1 Crime Comparison
0
5
10
15
20
25
30
January February March April May June July August September October November December
2012
2013
2010 – 2013 Part 1 Crime Comparison
0
5
10
15
20
25
30
35
40
45
January February March April May June July August September October November December
2013
2010
2012-2013 CRIME TREND ANALYSIS
All Part 1 Offenses 2013
The TrendCaster map is a heat-map that shows where crimes are on the rise or decline
over a certain period of time. The TrendCaster map allows management to visually
assess the effectiveness of new strategies and determine areas where crime is shifting
over time. A bright red area depicts a concentration of crime and the deep blue
represents a dramatic reduction in crime.
All Part 1 Offenses 2012
What is COMPSTAT?
COMPSTAT is short for computer or comparative
statistics.
It is a strategic management philosophy used to
provide a business model methodology for
collecting, analyzing, and mapping crime data
and other essential police performance measures
on a monthly basis. The COMPSTAT model
emphasizes accountability within the organization
and promotes creative solutions to identified
problems.
CPD COMPSTAT
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number PC-2 Agenda Date 01/21/2014
Type Pre Council
Department Public Works
Title
Update on Public Infrastructure
Explanation
In December 2011, staff made a presentation to the City Council on infrastructure
management. In the ensuing period, several additional presentations have been made
to keep the City Council updated on the progress being made in managing the City's
infrastrucure assets, valued at more than $700 million.
This presentation will provide an update on the overall status of the City's
infrastructure with a focus on water and sewer components.
Attachments
1.Infrastructure Update Water and Sewer Systems
Infrastructure Update
Water and Sewer Systems
Pre Council Meeting
January 21, 2014
Overview
•Background
•Accomplishments
•Current Status of Assets
•Challenges
•Needs
•Water and Sewer Master Plan
•Questions and Discussion
Background
•December 8, 2011 – City Council Worksession on Infrastructure
Management
•May 31, 2012 – City Council Worksession on Pavement
Management
•November 5, 2012 – Pre Council presentation and discussion on
Infrastructure Management and Rehabilitation Policies and
Practices
•January 29, 2013 – City Council Worksession on Creating a
Comprehensive Capital Improvement Plan
•April 16, 2013 – Pre Council presentation on Utility Infrastructure
Update
•June 26, 2013 – City Council Worksession on Facility Needs
Accomplishments
•Acquired and implemented Pavement Management Software
(Street Saver) and Asset Management Software (VueWorks)
•Developed and adopted a five year comprehensive Capital
Improvement Program (CIP)
•Increased funding for street maintenance and rehabilitation
•Successfully executed more than $3M in maintenance and
rehabilitation projects in FY 2013
•Initiated drainage fee methodology study
•Hired a GIS technician to update and maintain infrastructure
layers
•Fully staffed the engineering division to better manage and
inspect design and construction projects
Current Status of Asset Classes
•Streets -
–Pavement Management System in place
–2nd condition assessment completed in December 2013
–Awaiting input from vendor to update data base and street condition ratings
•Signs -
–Sign inventory complete
–Replacement plan complete and being implemented
•Traffic Signals, Opticom Devices, and School Flashers -
–Annual maintenance and service contract in place
–Two hour response time required for traffic signal malfunctions
•Drainage System -
–New GIS Technician working on updating and completing GIS layer for storm sewers and
corresponding attribute files
–$24M(+) in drainage projects identified, but lacking funding
–Master Plan completed in 1998 needs updating
Current Status of Asset Classes
•Water Utility -
–Design initiated to upsize water lines in selected neighborhoods
–The 1998 Water Master Plan was last updated in 2002
•Sewer Utility -
–Design initiated to replace clay tile sewer mains and services where they still exist
–No Master Plan exists for sewer system
•Fleet -
–Long term Equipment Replacement Plan developed for fleet projecting needs out for 15 years
–Fleet Need Study completed resulting in right-sizing fleet and eliminating numerous vehicles
and equipment from inventory
•Information Technology -
–Five year technology plan adopted by City Council and currently being implemented
•Facilities –
–Needs assessment completed for City Hall, Library, and Justice Center
–Need to complete one for the fire stations
Challenges
•Recent ice storm “aged” our unimproved streets
significantly
Pleasant Run Road
just south of
Tinker Road
Challenges
•Many of our underground utilities have exceeded
their expected useful life
•Current levels of funding are not adequate to
keep up with the rate of deterioration/failure
Most Pressing Need
•The highest value of our asset classes is streets, with an estimated
replacement cost of more than $290 million
•Water and sewer lines are a close second with an estimated replacement
cost of almost $280 million
•Because water and sewer lines are underground, they are more difficult to
inspect and evaluate
•The absence of a comprehensive water and sewer master plan and
condition assessment makes it difficult to effectively program resources
for resizing, renewal, and replacement
•We currently operate in a reactive mode, making repairs to water and
sewer lines when things break
•Unlike most responsible utility operators, we don’t have a Master Plan for
our utilities, and the current rate structure is not driven by capital
replacement needs
What’s the Urgency?
•Approximately 20% of the City’s current water and sewer system was in place
when Colleyville incorporated in 1956
•Those utilities were acquired from Tarrant Utilities in 1974 at a cost of $1.75M
•Fewer than 40% of them have been replaced
What’s the Urgency?
•The recently adopted 2014-2018 CIP includes approximately
$1M annually for water and sewer infrastructure renewal
•The existing system was constructed to keep up with new
development and has never been completely modelled to ensure
expansion capacity for distribution was built in as new
subdivisions came on line
•A comprehensive update to the water and sewer master plans
ensures that we will be making good decisions about where and
how to spend our scarce resources and will validate (or not) our
current CIP projects
•Failure to address this issue now could easily overwhelm our
ability to maintain the systems
December Water Main Break at the 99 Cent Store
Why Do We Need a Master Plan?
•A Master Plan is a road map for future investment and renewal
•It includes an inventory, a condition assessment, and a model that
allows us to:
–Determine pipe sizes needed to accommodate the demands
–Assess system condition (more than 250 miles of pipes)
–Develop a capital reinvestment plan that will ensure continuity of
services
–Determine whether or not we need to retain the Overland Trail storage
tank and pump station
–Develop a rate structure that will provide for reinvestment costs just like
other utility operators do
–Optimize future system investments in the system
How Do We Get There?
•In July of 2013 staff issued a request for qualifications and
interest (RFQI) to the engineering community to update the water
master plan and develop a sewer master plan
•Staff has developed a scope of services that are needed to
update/develop the Master Plans
–Data Collection and Field Investigations
–Complete modelling of water and sewer systems
–Comprehensive Rate Study
–Final Master Plan Report, including a list of capital projects and justification for them
Data Collection and Field Investigation
•Review all existing documents and interview staff
•Facility field investigation and operational analysis of all
storage and pump station sites by engineers for condition,
operational efficiency and compliance with regulations
•Manhole mapping (using GPS/GIS) and inspection for
condition
•Condition assessment of sewer lines
•Flow monitoring for capacity determination
•Identify inflow and infiltration (I&I) issues
Water and Sewer Model
•Update existing water model with current data
•Develop sewer model using manhole survey and flow
monitoring data
•Optimize both models for energy savings and water quality
•Develop new GIS layers with updated model information
Rate Study
•Review historical data comparing budgeted expenses for
O&M and CIP projects with water and sewer rates
•Determine the actual fixed costs of operating the system
independent of demand (consumption and treatment
volumes)
•Determine if existing rates adequately cover ALL
expenses, both fixed costs and variable costs, including
CIP projects, and confirm they are in-line with rates in the
area
Master Plan Report
•Develop layout maps showing water and sewer systems with any
deficiencies noted
•Develop a 20 year horizon master plan for both systems
•Review projects included in the current Five Year Capital
Improvement Plan
•Develop a Five Year Capital Improvement Plan for water and
sewer projects to systematically address critical areas
•Develop cost estimates for recommended projects
•Moderate City Council worksession to discuss plan results and
recommended actions
Reasons to Update Master Plan
•Our utility system is aging - we have pipes in the ground that are
more that 50 years old which have outlived their useful life
•The City does not currently have a plan for its rehabilitation needs.
This plan will prioritize these needs and allow for improved efficiency
in the efforts
•It will validate (or not) the need for the projects in our current CIP
•The plan will provide cost estimates and funding recommendations
to complete the recommended projects
•The cost of the study will easily be recovered by providing the
direction to do what we need to be doing
What Does a Master Plan Cost?
•A Water and Sewer Master Plan is an investment in a
$280,000,000 system
•The estimated costs for the major components of the
plan development are:
–Field investigations $ 235,000
–Modelling $ 85,000
–Analysis and report preparation $ 150,000
–Rate Study $ 28,000
$ 498,000
How Will the Water and Sewer
Master Plans be Funded?
•Uncommitted funds are available in the water and
sewer impact fee accounts to pay for the project
•There are legal restrictions on what impact fees
can be used for, and this is one of the allowable
uses
Questions & Discussion
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number PC-3 Agenda Date 01/21/2014
Type Pre Council
Department Public Works
Title
Discuss the selection of a date for a City Council worksession to discuss the preliminary
design for the Glade Road project and the development review process
Explanation
The public input period for the Glade Road project has ended and the design engineer
is finalizing the recommendations to the City Council for discussion and direction. To
provide adequate time for City Council discussion, staff is proposing a special
worksession be conducted for this item.
Also at this time, staff would like to provide the requested overview for the City Council
on the City's development and permitting process.
Suggested dates for this worksession are Wednesday, March 5; Thursday, March
6; Monday, March 17; Wednesday, March 26; or Thursday, March 27.
Attachments
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number PC-4 Agenda Date 01/21/2014
Type Pre Council
Department City Secretary
Title
Discuss the March 4, 2014 City Council meeting date
Explanation
On November 19, 2013, City Council discussed and approved Resolution R-13-3691
(attached) which changed the dates of several of the City Council meetings in 2014;
however, the March 4, 2014 City Council meeting date was not considered at that
time. This item is being provided at the request of Councilmember Chuck Mogged for
consideration of changing the date of the March 4, 2014 meeting.
In accordance with the City Charter, the City Council shall meet regularly at least twice
each month at such times as a City Council may prescribe by rule. The City Council
meetings are normally held the first and third Tuesday of each month except when
those dates may conflict with an event or holiday.
The City Council may consider changing the date of the first City Council meeting
in March 2014 as follows:
The first regular City Council meeting of Tuesday, March 4, 2014, to Monday, March 3,
2014, as the Primary Election Day is March 4, 2014.
Staff has included the Primary Election Early Voting Schedule to this agenda briefing
since Colleyville City Hall is an early voting location.
Attachments
1.Resolution R-13-3691
2.Primary Election Early Voting Schedule
RESOLUTION R-13-3691
A RESOLUTION CHANGING THE DATE OF THE SECOND REGULAR CITY
COUNCIL MEETING IN MAY 2014, THE FIRST REGULAR CITY
COUNCIL MEETING IN AUGUST 2014, THE FIRST REGULAR CITY
COUNCIL MEETING IN OCTOBER 2014, AND THE FIRST REGULAR
CITY COUNCIL MEETING IN NOVEMBER 2014
WHEREAS, in accordance with the City Charter, Section 3.09, Meetings and
Rules of Procedure, the City Council shall meet regularly at least
twice in every month at such times as a City Council may prescribe
by rule; and
WHEREAS, the City Council meetings are held the first and third Tuesday ofY9Y
each month except, when those dates may conflict with an event
or holiday; and
WHEREAS, the second regular City Council meeting of May 20, 2014, occurs
during the International Council of Shopping Centers (ICSC)
Conference, May 18-20, 2014; and
WHEREAS, the first regular City Council meeting of August 6, 2014, occurs
prior to the budget worksession; and
WHEREAS, the first regular City Council meeting of October 7, 2014, is Texas
National Night Out; and
WHEREAS, the first regular City Council meeting of November 4, 2014, is the
November Election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1.THAT the second City Council meeting in May will be held May 13,
2014.
Sec. 2.THAT the first City Council meeting in August will be held August
12, 2014.
Sec. 3.THAT the first City Council meeting in October will be held October
6, 2014.
Sec. 4.THAT the first City Council meeting in November will be held
November 5, 2014.
Resolution R-13-3691
Page 2 of 2
AND IT IS SO RESOLVED.]
APPROVED BY A VOTE OF t0 AYES, 0 NAYS, AND ABSTENTIONS,
THIS THE 19TH DAY OF NOVEMBER 2013.
ATTEST: CITY OF COLLEYVILLE
AC
Am a elley, - MC Ike Taylor
City Secretary Mayor Pro Tern
TARRANT COUNTY EARLY VOTING
(VOTACIÓN ADELANTADA DEL CONDADO DE TARRANT)
MARCH 4, 2014
(4 DE MARZO DE 2014)
REPUBLICAN AND DEMOCRATIC PRIMARY ELECTIONS
(ELECCIÓNES PRIMARIAS DE LOS PARTIDOS REPUBLICANO Y DEMOCRATA)
12/4/2013 11:45:30 AM
EARLY VOTING BY PERSONAL APPEARANCE DAYS AND HOURS
(DÍAS Y HORAS DE VOTACIÓN TEMPRANO POR APARICIÓN PERSONAL)
February (Febrero) 17 Monday (Lunes) Closed (Holiday) (Cerrado (Día Festivo))
February (Febrero) 18 – 21 Tuesday – Friday (Martes – Viernes) 8:00 a.m. – 5:00 p.m.
February (Febrero) 22 Saturday (Sábado) 7:00 a.m. – 7:00 p.m.
February (Febrero) 23 Sunday (Domingo)* 11:00 a.m. – 4:00 p.m.
February (Febrero) 24 – 28 Monday – Friday (Lunes – Viernes) 7:00 a.m. – 7:00 p.m.
Location
(Ubicación)
Address
(Dirección)
City
(Ciudad)
Zip Code
(Código
postal)
1 Bob Duncan Center 2800 South Center Street Arlington 76014
2 Elzie Odom Athletic Center 1601 NE Green Oaks Boulevard Arlington 76006
3 Center for Community Service
Junior League of Arlington 4002 West Pioneer Parkway Arlington 76013
4 South Service Center 1100 SW Green Oaks Boulevard Arlington 76017
5 Tarrant County Sub‐Courthouse in Arlington 700 E. Abram Street Arlington 76010
6 B J Clark Annex
Room 4 603 Southeast Parkway Azle 76020
7 Bedford Public Library 2424 Forest Ridge Drive Bedford 76021
8 Benbrook Community Center 228 San Angelo Avenue Benbrook 76126
9 Colleyville City Hall 100 Main Street Colleyville 76034
10 Crowley Community Center 900 East Glendale Street Crowley 76036
11 Euless Public Library 201 North Ector Drive Euless 76039
12 Forest Hill Civic and Convention Center 6901 Wichita Street Forest Hill 76140
13 All Saints Catholic Church Parish Hall 200 N.W. 20th Street Fort Worth 76164
14 Diamond Hill/Jarvis Library 1300 Northeast 35th Street Fort Worth 76106
15 Griffin Sub‐Courthouse 3212 Miller Avenue Fort Worth 76119
16 Handley‐Meadowbrook Community Center 6201 Beaty Street Fort Worth 76112
17 James Avenue Service Center 5001 James Avenue Fort Worth 76115
18 JPS Health Center Viola M. Pitts/Como
Lower Level – Suite 100 4701 Bryant Irvin Road N. Fort Worth 76107
19 Southside Community Center 959 East Rosedale Street Fort Worth 76104
20 Southwest Community Center 6300 Welch Avenue Fort Worth 76133
21 Southwest Sub‐Courthouse 6551 Granbury Road Fort Worth 76133
22 Summerglen Branch Library 4205 Basswood Boulevard Fort Worth 76137
23
Tarrant County Election Center
Main Early Voting Site
(Principal sitio de votación adelantada)
2700 Premier Street Fort Worth 76111
24 Tarrant County Plaza Building 201 Burnett Street Fort Worth 76102
25 Villages of Woodland Springs
Amenity Center 12209 Timberland Boulevard Fort Worth 76244
26 Worth Heights Community Center 3551 New York Avenue Fort Worth 76110
27 Asia Times Square
2615 W. Pioneer Parkway
(Corner Pioneer Pkwy and Great Southwest
Pkwy)
Grand Prairie 75051
28 Grapevine Community Activities Center 1175 Municipal Way Grapevine 76051
29 Haltom City Northeast Center 3201 Friendly Lane Haltom City 76117
30 Hurst Recreation Center 700 Mary Drive Hurst 76053
31 Keller Town Hall 1100 Bear Creek Parkway Keller 76248
TARRANT COUNTY EARLY VOTING
(VOTACIÓN ADELANTADA DEL CONDADO DE TARRANT)
MARCH 4, 2014
(4 DE MARZO DE 2014)
REPUBLICAN AND DEMOCRATIC PRIMARY ELECTIONS
(ELECCIÓNES PRIMARIAS DE LOS PARTIDOS REPUBLICANO Y DEMOCRATA)
12/4/2013 11:45:30 AM
List of Early Voting locations continued
(Lista de casetas de votación adelantada continuó)
Location
(Ubicación)
Address
(Dirección)
City
(Ciudad)
Zip Code
(Código
postal)
32 Kennedale Community Center 316 West 3rd Street Kennedale 76060
33 Sheriff’s Office North Patrol Division 6651 Lake Worth Boulevard Lake Worth 76135
34 Mansfield Sub‐Courthouse 1100 East Broad Street Mansfield 76063
35 Dan Echols Center 6801 Glenview Drive N. Richland Hills 76180
36 North Richland Hills Public Library 9015 Grand Avenue N. Richland Hills 76180
37 Eagle Mountain‐Saginaw ISD Administration
Building 6 – Training Room 1200 Old Decatur Road Saginaw 76179
38 Southlake Town Hall 1400 Main Street Southlake 76092
39 White Settlement Public Library 8215 White Settlement Road White Settlement 76108
Temporary Location with Special Days and Hours
(Lista de Caseta Temporal con Días y Horas Especiales)
February (Febrero) 18 – 20 Tuesday – Thursday (Martes – Jueves) 8:00 a.m. – 5:00 p.m.
February (Febrero) 25 – 27 Tuesday – Thursday (Martes – Jueves) 7:00 a.m. – 7:00 p.m.
February (Febrero) 24 – 27 Monday – Thursday (Lunes – Jueves) 7:00 a.m. – 7:00 p.m.
Application for a Ballot by Mail may be downloaded from our website: www.tarrantcounty.com/elections
(Solicitud para Boleta por Correo se puede descargar de nuestro sitio web): www.tarrantcounty.com/elections
Information by phone: Tarrant County Elections Administration, 817‐831‐8683
(Información por teléfono): (Administración de Elecciones del Condado de Tarrant 817‐831‐8683)
Applications for a Ballot by Mail must be submitted between January 3, 2014 and February 21, 2014 by mail or
fax to:
(Solicitudes para una Boleta por Correo pueden ser sometidas entre el 3 de Enero de 2014 y 21 de Febrero de 2014 por
correo o fax a):
Steve Raborn, Early Voting Clerk (Secretario De Votación Adelantada)
PO Box 961011
Fort Worth TX 76161‐0011
Fax: 817‐831‐6118
A
Southwestern Baptist Theological Seminary
Naylor Student Center 1900 West Boyce Avenue Fort Worth 76115
B
UNT – Health Science Center
Carl E. Everett Education and Administration Building 3500 Camp Bowie Boulevard Fort Worth 76107
C
Tarrant County College Northeast Campus
Student Center NSTU 1506 828 W. Harwood Road Hurst 76054
D
Tarrant County College Northwest Campus
WSTU 1305 4801 Marine Creek Parkway Fort Worth 76179
E
Tarrant County College South Campus
Student Center Room SSTU 1112 5301 Campus Drive Fort Worth 76119
F
Tarrant County College Southeast Campus
ESED – Library Room 1211 2100 Southeast Parkway Arlington 76018
G
UTA – University of Texas at Arlington
Maverick Activities Center 500 W. Nedderman Drive Arlington 76019
H
TCU – Texas Christian University
Brown‐Lupton University Union 2901 Stadium Drive Fort Worth 76129
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number PC-5 Agenda Date 01/21/2014
Type Pre Council
Department Finance
Title
Presentation of the Monthly Financial Report - December 2013
Explanation
The percentage of current year taxes collected is 63.06%, which is ahead of December
2012 collections. Sales tax revenue received in December was up 7.91% or $17,255
from revenues reported for the same time period last year. Per governmental
accounting rules, the December 2013 sales tax allocation is the first month of sales tax
revenue recorded in Fiscal Year 2014. This is the tenth consecutive month of increased
sales tax revenues as compared to the prior year, and this is the highest December
sales tax allocation ever received. Seven new residential building permits were
issued compared to five for the same period last year. Permit revenues currently
exceed the budgeted year-to-date projection by $144,639. Revenues from ambulance
collections exceed budgeted projections by $37,421. The average amount expended
by the General Fund departments at the end of December is 19.38% of the total
appropriation, versus 20.53%, which was projected to be spent.
Utility Fund
Water usage decreased as compared to the amount sold through December 2012, due
to an increase in rainfall. For the first three months of the fiscal year, rainfall totals
were just over eight inches compared to three inches for the same time period last
year. This is the primary reason behind the decrease in usage, as water restrictions
and tiered water rates have less effect on usage during the winter months.The average
amount expended by the Utility Fund departments at the end of December is 24.81%
of the total appropriation, versus 27.34%, which was projected to be spent.
Attachments
1.December 2013 Monthly Financial Report
MONTHLY FINANCIAL REPORT - DECEMBER 2013
GENERAL FUND RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT
FY 2014 AS OF AS OF PROJECTED AS OF CHANGE OVER
REVENUE SOURCE BUDGET 12/31/2013 12/31/2013 INCR (DECR)12/31/2012 PRIOR YEAR
Current Taxes $11,601,451 $4,860,140 $4,790,206 1.46%$4,858,546 0.03%
Delinquent Taxes 70,000 19,866 19,775 0.46%29,479 -32.61%
Penalty & Interest 65,000 7,177 8,446 -15.02%8,186 -12.32%
TOTAL AD VALOREM TAXES $11,736,451 $4,887,183 $4,818,428 1.43%$4,896,211 -0.18%
Oncor Electric $840,000 $0 $0 0.00%$0 0.00%
Tri-County Electric 105,000 0 0 0.00%0 0.00%
Atmos Gas 305,000 0 0 0.00%0 0.00%
AT&T 83,500 19,586 20,875 -6.17%21,595 -9.30%
Verizon/Others 84,000 17,412 21,000 -17.09%16,686 4.35%
Refuse/Recycling 145,800 33,455 30,375 10.14%33,459 -0.01%
Cable TV 425,000 117,264 106,250 10.37%114,581 2.34%
TOTAL FRANCHISE TAXES $1,988,300 $187,717 $178,500 5.16%$186,320 0.75%
Sales Tax $2,875,000 $235,518 $234,581 0.40%$218,263 7.91%
Mixed Beverage Tax 25,277 21,291 6,319 236.93%17,526 21.48%
TOTAL SALES TAX $2,900,277 $256,809 $240,901 6.60%$235,789 8.91%
Building $485,768 $213,870 $121,442 76.11%$128,886 65.94%
Plumbing 48,680 14,972 12,170 23.03%12,804 16.93%
Mechanical 28,868 9,492 7,217 31.53%8,375 13.35%
Electrical 37,568 16,727 9,392 78.10%13,063 28.05%
City License 37,372 9,080 9,343 -2.81%7,725 17.54%
Building Plan Review Fee 68,000 55,744 17,000 227.91%29,496 88.99%
New Business 3,372 987 843 17.08%1,081 -8.70%
Sign Permit 5,463 2,115 1,366 54.86%1,560 35.58%
Fence Permit 3,500 2,475 875 182.86%1,525 62.30%
Fire Permits 6,500 1,000 1,625 -38.46%1,050 -4.76%
Irrigation Permit 13,660 2,864 3,415 -16.15%4,731 -39.47%
TOTAL LICENSES & PERMITS $738,751 $329,327 $184,688 78.32%$210,296 56.60%
Fines $750,000 $161,922 $187,500 -13.64%$171,250 -5.45%
Alarm Fees 52,000 11,884 13,000 -8.58%12,799 -7.14%
Library Fines 22,500 5,225 5,625 -7.12%5,573 -6.26%
TOTAL FINES $824,500 $179,031 $206,125 -13.14%$189,622 -5.59%
MONTHLY FINANCIAL REPORT - DECEMBER 2013
RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT
REVENUE SOURCE FY 2014 AS OF AS OF PROJECTED AS OF CHANGE OVER
BUDGET 12/31/2013 12/31/2013 INCR (DECR)12/31/2012 PRIOR YEAR
Re-zoning $7,500 $2,415 $1,875 28.80%$2,485 -2.82%
Plat Fee/Site Plan 4,000 4,813 1,000 381.25%4,348 -10.70%
Board of Adjustment 1,250 350 313 12.00%500 -30.00%
Sale of Material 100 473 25 1792.00%7 6469.44%
Weed Mowing 6,500 505 1,625 -68.92%1,610 -68.63%
Ambulance 275,000 106,171 68,750 54.43%76,552 38.69%
Recreation Program 145,000 30,618 24,167 26.70%26,846 14.05%
Non-Resident Fee Parks 35,850 16,725 17,925 -6.69%20,210 -17.24%
Field Use Charge 20,500 9,720 10,250 -5.17%7,450 30.47%
Engineering & Inspection 0 122,183 0 100.00%0 100.00%
Colleyville Center Rental 230,000 43,071 57,500 -25.09%62,700 -31.31%
Lot Drainage Insp Fee 16,875 3,875 4,219 -8.15%2,625 47.62%
TOTAL CHARGES FOR SERVICE $742,575 $340,918 $187,648 81.68%$205,332 66.03%
SRO Officer Reimb $94,282 $0 $0 0.00%$0 0.00%
Keller Court 217,697 0 0 0.00%0 0.00%
TOTAL INTERGOVERNMENTAL $311,979 $0 $0 0.00%$0 0.00%
Sale of Surplus Property $5,000 $0 $0 0.00%$0 0.00%
Interest Income 35,000 0 0 0.00%0 0.00%
Miscellaneous 54,000 31,476 29,700 5.98%32,743 -3.87%
Use of Available Cash 1,000,000 0 0 0.00%0 0.00%
Antenna Lease 70,040 30,345 30,345 0.00%28,571 6.21%
TOTAL MISCELLANEOUS $1,164,040 $61,821 $60,045 2.96%$61,314 0.83%
Transfers-In $1,130,214 $0 $0 0.00%$0 0.00%
TOTAL TRANSFERS $1,130,214 $0 $0 0.00%$0 0.00%
TOTAL GENERAL FUND REVENUES $21,537,087 $6,242,807 $5,876,334 6.24%$5,984,883 4.31%
MONTHLY FINANCIAL REPORT - DECEMBER 2013
TOTAL PERCENT
FY 2014 THROUGH THROUGH INCREASE INCREASE
BUDGET 12/31/2013 12/31/2012 (DECREASE)(DECREASE)
% OF CURRENT TAX ROLL COLLECTED 99.0%63.06%62.96%0.10%0.16%
RESIDENTIAL BLDG PERMITS 118 28 20 8 40.00%
COMMERCIAL BLDG PERMITS 6 1 2 (1)100.00%
CITATIONS ISSUED 11,750 2,326 1,903 423 22.23%
GENERAL FUND EXPENSES
EXPENDED YEAR-TO-DATE
FY 2014 THROUGH PROJECTED % OF BUDGET BUDGET
BUDGET 12/31/2013 EXPENDITURES EXPENDED REMAINING
City Council $204,006 $43,946 $51,002 21.54%$160,060
City Manager 569,764 137,701 142,441 24.17%432,063
City Secretary 211,725 54,348 55,931 25.67%157,377
Finance 401,583 113,255 115,396 28.20%288,328
Legal 130,460 31,776 32,615 24.36%98,684
Engineering 510,915 99,540 126,729 19.48%411,375
Economic Development 296,799 56,755 74,200 19.12%240,044
Building Inspection 281,672 71,213 72,418 25.28%210,459
Community Development 337,675 54,447 69,419 16.12%283,228
Fire 4,259,224 1,093,550 1,099,806 25.67%3,165,674
Police 4,172,062 1,037,690 1,043,016 24.87%3,134,372
Parks 1,285,084 208,075 221,271 16.19%1,077,009
Recreation 357,816 52,228 59,454 14.60%305,588
Street Maintenance 3,840,966 197,978 210,242 5.15%3,642,988
Library 674,061 153,339 168,515 22.75%520,722
Communications 139,447 28,945 34,862 20.76%110,502
Colleyville Center 312,513 65,801 78,128 21.06%246,712
Human Resources 270,466 56,576 67,617 20.92%213,890
Municipal Court 389,410 92,162 97,353 23.67%297,248
Fleet Maintenance 226,290 58,505 59,573 25.85%167,785
Building Services 362,845 109,013 110,711 30.04%253,832
Information Services 1,065,205 188,011 216,301 17.65%877,194
Non Departmental 859,068 168,381 214,767 19.60%690,687
Capital Equipment Reserve 242,000 - 0 0.00%242,000
Compensation Adjustment 132,911 - 0 0.00%132,911
TOTAL EXPENSES $21,533,967 $4,173,235 $4,421,764 19.38%$17,360,732
MONTHLY FINANCIAL REPORT - DECEMBER 2013
UTILITY FUND
RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT
FY 2014 AS OF AS OF PROJECTED AS OF CHANGE OVER
REVENUE SOURCE BUDGET 12/31/2013 12/31/2013 INCR (DECR)12/31/2012 PRIOR YEAR
Water Sales $9,820,661 $2,293,408 $2,160,545 6.15%$2,713,541 -15.48%
Sewer Sales 3,053,229 868,676 763,307 13.80%724,752 19.86%
Sewer Installation 7,000 2,700 1,750 54.29%2,000 35.00%
Water Installation 21,000 6,580 5,250 25.33%4,370 50.57%
Sewer Tie-on Charges 5,000 1,500 1,250 20.00%0 100.00%
Engineering Charges 5,000 28,293 5,000 465.86%0 100.00%
Penalties 190,112 64,674 47,528 36.08%56,026 15.44%
Miscellaneous 13,000 4,238 3,250 30.39%4,772 -11.20%
TOTAL OPERATING INCOME $13,115,002 $3,270,069 $2,987,881 9.44%$3,505,461 -6.72%
Interest Income $20,300 $0 $0 0.00%$0 0.00%
TOTAL NON-OPERATING INCOME $20,300 $0 $0 0.00%$0 0.00%
TOTAL INCOME $13,135,302 $3,270,069 $2,987,881 9.44%$3,505,461 -6.72%
TOTAL PERCENT
THROUGH THROUGH INCREASE INCREASE
12/31/2013 12/31/2012 (DECREASE)(DECREASE)
GALLONS OF WATER SOLD 516,349,400 692,469,060 (176,119,660)-25.43%
NUMBER OF WATER CUSTOMERS 9,426 9,320 106 1.14%
UTILITY FUND EXPENSES
EXPENDED YEAR-TO-DATE
FY 2014 THROUGH PROJECTED % OF BUDGET BUDGET
BUDGET 12/31/2013 EXPENSES EXPENDED REMAINING
Billing $386,616 $61,298 $96,654 15.86%$325,318
Operations 9,515,310 2,139,566 2,378,828 22.49%7,375,744
Utility Support 1,060,731 218,317 265,183 20.58%842,414
Non-Departmental 292,868 61,796 73,217 21.10%231,072
Debt Service 819,137 788,384 788,384 96.25%30,753
Compensation Adjustment 20,411 0 0 0.00%20,411
Interfund loan repayment 44,286 0 0 0.00%44,286
Transfer to General Fund 1,037,213 0 0 0.00%1,037,213
TOTAL EXPENSES $13,176,572 $3,269,362 $3,602,266 24.81%$9,907,210
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number PC-6 Agenda Date 01/21/2014
Type Pre Council
Department City Secretary
Title
Discussion of the January 21, 2014, City Council regular agenda items
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 1 Agenda Date 01/21/2014
Type Executive Session
Department City Secretary
Title
Section 551.071 - Legal - Consultation with attorney on legal issues raised by public
hearing or action items on the agenda
Section 551.071 - Legal - Consultation with attorney regarding pending litigation -
Moxie Pest Services - Dallas, LLC v. City of Colleyville
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of
real property for City facilities
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information that the City has received from business prospects
that the City seeks to have locate, stay, or expand in the City and with which the City
is conducting economic development negotiations; deliberate the offer of a financial or
other incentive to a business prospect
Attachments
RESOLUTION R-14-3711
A RESOLUTION APPROVING CITY COUNCIL ACTION
REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR
CITY COUNCIL MEETING OF JANUARY 21, 2014
WHEREAS,following discussion in Executive Session, and in full
accordance with the requirements of the Open Meetings Act,
the City Council determines that the following action is in the
best interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.THAT the following actions of the City Council are hereby
adopted and approved:
a.THAT
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ____ AYES, ____NAYS, AND ____ ABSTENTIONS
ON THIS THE 21ST DAY OF JANUARY 2014.
ATTEST:CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3 Agenda Date 01/21/2014
Type Announcements, Proclamations and Presentations
Department City Secretary
Title
Recognition of service to a City Board, Commission, or Committee
In recognition of Colleyville's featured business - Luxor Custom Jewelers, 75 Main
Street, Suite 100, Waguih Guirguis, President/Owner - Mayor David Kelly and
Economic Development Director Marty Wieder
Attachments
1.Recognition of service to a City Board, Commission, or Committee
IN RECOGNITION OF SERVICE TO A CITY
BOARD, COMMISSION, OR COMMITTEE
Jennifer Bosley
Colleyville Sidewalks Committee
February 2012 – December 2013
Steve Burak
Colleyville Center Advisory Committee
December 2011 – December 2013
Deena Dendy
Colleyville Center Advisory Committee
December 2009 – December 2013
Kirsten Isensee
Colleyville Center Advisory Committee
December 2011 – December 2013
Colleyville Events Steering Committee
April 2012 – December 2013
Kenneth Llewellyn
Parks and Recreation Advisory Board
September 2008 – December 2013
Connie Nichols
Colleyville Center Advisory Committee
January 2006 – December 2013
Thomas Parker
Parks and Recreation Advisory Board
December 2011 – December 2013
Kevin Procaccino
Architectural Review Commission
February 2011 – December 2013
Linda Salisbury
Colleyville Events Steering Committee
December 2009 – December 2013
Kathryn Wheat
Parks and Recreation Advisory Board
December 2011 – December 2013
Colleyville Tree Board
February 2012 – December 2013
Park Land Dedication Committee
January 2013 – December 2013
RESOLUTION R-14-3712
A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER
CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF
JANUARY 21, 2014
WHEREAS,City Council has taken action on certain items on the agenda
under Consent Items.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.THAT the agenda decisions approved by City Council action
under Consent Items as follows are hereby adopted:
a.Approval of the minutes of the regular City Council meeting
of January 7, 2014
b.Approval to purchase one (1) Peterbilt Model 348 tandem
axle dump truck from Rush Trucking Center, through the
Texas Local Government Purchasing Cooperative (Buy
Board), in an amount not to exceed $108,078, and
authorize the city manager to execute the contract
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ____ AYES, ____ NAYS, AND ____ ABSTENTIONS
ON THIS THE 21ST DAY OF JANUARY 2014.
ATTEST:CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor
City of Colleyville
City Council
Minutes - Draft
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, January 7, 2014 City Council Chambers
Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to
order on January 7, 2014, at 5:32 p.m.
ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart.
City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer
Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Fire Chief Brian
Riley, Economic Development Director Marty Wieder, Human Resources Director
Michelle Reyes, Public Works Director Bob Lowry, City Engineer Jeremy Hutt,
Finance Manager Karen Hines, Community Development Director Ron Ruthven,
Development Coordinator Mary Elliott, Communications and Marketing Director
Mona Gandy, Parks Superintendent Tim Hightshoe, Information Systems Manager
Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley.
PC-1 Presentation and update on the comprehensive plan process and
discussion of the proposed Comprehensive Plan Advisory Committee (CPAC)
Community Development Director Ron Ruthven presented this item and introduced
Jim Carrillo, project manager, of HALFF Associates, to discuss the comprehensive
plan process and the Comprehensive Plan Advisory Committee (CPAC).
Mayor Kelly stated Councilmember Mogged has expressed an interest in the
committee.
Mayor Kelly questioned City Councilmembers regarding the members of the CPAC
committee. Councilmembers Wollin and Hart stated they would like to be
members of the committee.
Mayor Pro Tem Taylor stated he wants to make sure this will be a product that
creates opportunities for the future. He further questioned staff regarding the
timing for the updates to City Council, and will City Council be the approving body?
Director Ruthven replied yes, City Council will be the approving body.
Councilmember Mogged questioned staff regarding if staff will provide weekly
updates. Director Ruthven replied yes.
Councilmember Mogged stated he would like to make sure City Council has the
“white paper” being provided to everyone, so that they can field those questions.
City of Colleyville Page 1
City Council Minutes - DRAFT January 7, 2014
Mayor Kelly stated most meetings are review meetings, and City Council will
provide guidance and particulars for the big picture.
Mayor Pro Tem Taylor questioned staff regarding if the Mayor can be on the
committee. Director Ruthven replied yes.
Mr. Carrillo explained there will be updates and briefings provided to City Council
at key intervals during this process.
Councilmember Wollin questioned staff regarding why two members from the
Architectural Review Commission would need to be on the committee. Director
Ruthven replied those members are design professionals in the development area,
and they are also citizens. He added there have been several members who have
requested to be on the committee.
Councilmember Wollin questioned staff regarding why 10 for the number of
members, why not 12 – 15 members? Director Ruthven replied City Council can
appoint as many members as they see fit. Councilmember Wollin stated there
need to be plenty of members to cover in the event of people being absent.
Mayor Kelly questioned City Council regarding if two members from City Council,
Councilmembers Wollin and Mogged, as well as the Mayor, are good.
Councilmembers concurred.
Mayor Pro Tem Taylor stated he wants to make sure City Council is involved, along
the way, in this process.
Councilmember Wollin stated she would like Jeff Byerly and Carel Tornes to serve
on the CPAC, from the Planning and Zoning Commission. Councilmember Hall
concurred.
Councilmember Wollin stated she would like Jeff Ground to serve on the CPAC,
from the Architectural Review Commission. Councilmembers concurred.
Mayor Kelly suggested Curtis Young to serve on the CPAC, from the Architectural
Review Commission. Councilmembers concurred.
Mayor Kelly stated he would like some citizens on the committee with families,
such as Amy Redfearn, Chris Strittmatter, Sean Bryan, Jason Elms, and Mark
Collier.
Councilmember Wollin suggested Amy Redfearn, since she serves on Colleyville
Events Steering Committee, which may help with going forward and planning the
City events, and she has younger children.
City of Colleyville Page 2
City Council Minutes - DRAFT January 7, 2014
Councilmember Wollin suggested, Dee McNosky, since she has served for several
years on various committees, and she will speak her mind.
Mayor Pro Tem Taylor questioned City Manager Jennifer Fadden regarding her
input. City Manager Jennifer Fadden suggested Mike Leathers, Zoning Board of
Adjustment.
Mayor Pro Tem Taylor suggested Colby Walton.
Councilmember Hart suggested there should be members on CPAC that has tenure
within the City, someone like Rob Rutherford.
Councilmember Mogged stated the majority of the neighborhoods would need to
be covered as well with this membership.
Councilmember Short suggested James Day.
Councilmember Wollin suggested Nancy Copeland or Karen Deacon from the
school district. Mayor Kelly concurred with Karen Deacon.
Mayor Pro Tem Taylor suggested having three alternates, especially since this will
be a yearlong process.
City Manager Jennifer Fadden suggested Jamie Rawlins who lives in the Highland
Meadows subdivision.
City Manager Jennifer Fadden recapped the membership suggested as: Mayor
Kelly, Councilmembers Wollin and Mogged, Jeff Byerly, Carel Tornes, Jeff Ground,
Curtis Young, Amy Redfearn, Mike Leathers, Colby Walton, Karen Deacon, Dee
McNosky, Jamie Rawlins, and Rob Rutherford.
Mayor Pro Tem Taylor suggested adding Louis Miller to the membership.
Councilmembers concurred.
Mr. Carrillo presented a brief update on the Comprehensive Plan process.
Councilmember Hall stated he would like recommendations for bringing the two
commercial areas together, along Colleyville Boulevard.
Mayor Pro Tem Taylor questioned staff regarding if this plan will be adopted by
ordinance. City Manager Jennifer Fadden replied yes.
Mayor Pro Tem Taylor questioned staff regarding if this schedule will interfere with
the budget process. City Manager Jennifer Fadden replied this schedule is
optimistic, but doable.
City of Colleyville Page 3
City Council Minutes - DRAFT January 7, 2014
Mayor Pro Tem Taylor stated he did not want this to interfere with the Glade Road
project.
Councilmember Mogged stated he would like recommendations regarding the
space needed for holding the City’s special events, and the need for emphasis on
such.
Mayor Kelly stated the Colleyville Center is being incorporated into this plan.
Councilmember Wollin questioned staff regarding if the Bidault house could be
incorporated in the comprehensive plan. City Manager Jennifer Fadden stated the
scope of services was approved in October 2013; therefore, staff may need to
communicate this addition with the consultant.
Mayor Kelly stated there may be input from the citizens regarding the use of the
Bidault house.
Mr. Carrillo stated the plan may not answer all of the questions, however, it will
provide guidance for those particular instances.
Councilmember Short stated we are expecting the consultant to provide the
expertise on some of these areas, and how it works with Colleyville. Mayor Pro
Tem Taylor concurred.
PC-2 Discussion of the Sidewalk Policy
City Engineer Jeremy Hutt presented this item and briefed City Council.
Mayor Kelly questioned staff regarding what escrow means. Engineer Hutt replied
paying into escrow means that the primary structure may be finished without
constructing the sidewalk, at that time. He added it does not mean that a
sidewalk will never be constructed at that location, it means just not at that time.
Mayor Pro Tem Taylor questioned staff regarding if the escrow option can be
appealed, even though it has been paid, and they have moved into their home.
Engineer Hutt explained the applicant must sign the document, prior to the
issuance of the building permit, which explains that they wish to construct the
sidewalk, or they wish to be considered for the option to escrow. He stated the
escrow option will have to be reviewed and approved, and paid prior to the
issuance of the building permit. He stated the applicant can come back, and state
that they wish to construct the sidewalk, even though they have paid the escrow,
and request a refund. He added there will be no waivers issued without approval
from City Council.
Mayor Kelly questioned staff regarding if the escrow value will equal the
construction value. Engineer Hutt stated the escrow funds would be calculated at
City of Colleyville Page 4
City Council Minutes - DRAFT January 7, 2014
the cost of construction at the time of such. He added the escrow costs would be
enough to fund the reconstruction costs of the sidewalk.
Councilmember Mogged and City Attorney Matthew Boyle discussed impact fee
assessment and the legal guidelines for such.
Councilmember Mogged questioned staff regarding impact fees. City Attorney
Matthew Boyle replied there are statutory mechanisms in place for impact fees.
He further explained the calculation process.
Mayor Kelly questioned staff regarding how the flat fee rate is determined. Public
Works Director Bob Lowry replied roadway impact fees are based on trip
generations.
Councilmember Mogged stated corner lots may pay more for the sidewalk;
therefore, a cap may be needed for the sidewalk escrow.
Councilmember Hall stated the form needs to be very clear regarding constructing
the sidewalk or escrowing the funds for such, and that those funds may be used
anywhere within the neighborhood district. Engineer Hutt replied clarification can
be given.
Mayor Kelly stated it also needs to be clear that just because the escrow is paid,
does not mean that a sidewalk will not be constructed. It means the sidewalk will
not be constructed at that particular time; it may be built in the future.
Councilmember Short questioned staff regarding if there are locations in which
there will never be a sidewalk built. Director Lowry replied Kingston Estates does
not have sidewalks, nor did they want sidewalks when the street improvement was
approved.
Councilmember Short questioned staff regarding if a home were to be
reconstructed in Kingston Estates, would a sidewalk be required to be built.
Engineer Hutt replied an escrow option would be available and approved in that
case.
City Manager Jennifer Fadden stated there is not an “all out” waiver request in the
proposed policy. She stated all new development either builds the sidewalk or
pays into escrow.
Councilmember Short questioned staff regarding if there will be an instance when
the homeowner pays the escrow and then asks when is the sidewalk going to be
built? Director Lowry stated the escrow has to be spent within 10 years; however,
it may not be spent on the sidewalk in front of that particular home. Engineer
Hutt stated if they are allowed to escrow, there would be a reason they were
allowed to escrow.
City of Colleyville Page 5
City Council Minutes - DRAFT January 7, 2014
Councilmember Short questioned staff regarding if that answer is correct. City
Attorney Matthew Boyle concurred.
Mayor Pro Tem Taylor stated the connectivity system has to be put in place so that
citizens can walk to those commercial districts or parks.
Mayor Pro Tem Taylor stated he did not see cul-de-sac streets, where there is not
a need for the sidewalk on both sides of the street. Engineer Hutt replied there is
no situation where someone is exempt from this policy; both neighbors will pay.
He added there may be instances where a PUD-Planned Unit Development may
have guidelines for connectivity.
City Manager Jennifer Fadden stated the new development and rebuilds would be
required to construct a sidewalk.
Councilmember Hart stated the vast majority of citizens will not be impacted by
this at all.
Councilmember Short questioned staff regarding if there is a scenario where there
is a small development, and the developer did not want sidewalks. Director Lowry
replied only if City Council approved it that way.
Councilmember Short questioned staff regarding if that particular developer could
be charged an escrow. Director Lowry replied it could be a condition to waive the
requirement to construct; however, they would still have to pay an escrow, in lieu
of construction.
Councilmember Hall questioned staff regarding if a general waiver could be given.
City Manager Jennifer Fadden replied yes, through a PUD-Planned Unit
Development.
Councilmember Mogged stated being concerned about the equity of one side of the
street is required and the other is not; it is very expensive, especially for a corner
lot. Mayor Kelly stated there are inequities all over, particularly with fencing on
corner lots.
Councilmember Mogged suggested putting a cap on the escrow amount. Engineer
Hutt stated there are instances when the construction value is less than the
escrow amount, and staff took that into consideration.
Mayor Kelly stated being concerned with a cap amount, since the cap amount may
only pay for a certain linear feet, and then the City would have to construct the
remainder.
City of Colleyville Page 6
City Council Minutes - DRAFT January 7, 2014
Mayor Pro Tem Taylor stated the proposed policy is in the best interest for
everyone.
Mayor Kelly stated prior to 2008, the policy stated if a house was built, the
sidewalk was required, there was no escrow or waiver required.
Councilmember Short questioned staff regarding private streets. Director Lowry
stated they will have to construct to City standards.
Engineer Hutt explained there may be instances when a building permit is held
until the sidewalk issue is resolved.
PC-3 Discussion of right-of-way mowing
Public Works Director Bob Lowry presented this item and briefed City Council.
Mayor Kelly questioned staff regarding if some of these areas include bar ditches.
Director Lowry replied yes, however, the definition of a bar ditch is to be
determined.
Councilmember Hall questioned staff regarding if letters will be sent to those
homeowners identified. Director Lowry replied yes.
Councilmember Hall questioned staff regarding what will happen when those
homeowners will not mow their property. Director Lowry replied code
enforcement will issue a notice of violation, and if not corrected, a citation could
be issued.
Councilmember Hart stated having concerns that this will move from being a
Public Works issue, to becoming a code enforcement issue.
Councilmember Hart questioned staff regarding who can issue a citation. City
Manager Jennifer Fadden stated all police officers and one code enforcement
officer can issue citations.
Councilmember Hart stated he does not want to see these areas overgrown.
Director Lowry stated we can have our contractor mow the property, and then
issue an invoice to the property owner for payment.
Councilmember Hart questioned staff regarding Heritage Avenue. City Manager
Jennifer Fadden stated we maintain the west side of Heritage Avenue.
Councilmember Short questioned staff regarding Hall-Johnson Road. Director
Lowry stated staff does the medians, along with some on the north and south
sides of the street.
City of Colleyville Page 7
City Council Minutes - DRAFT January 7, 2014
Councilmember Short questioned staff regarding SH26, north of John McCain;
does the City have property it maintains? Director Lowry explained there are two
pieces of City owned property, along with the monument sign.
Councilmember Short questioned staff regarding the railroad right-of-way.
Director Lowry stated the City is responsible for maintaining the railroad right-of-
way throughout the city limits of Colleyville.
Councilmember Short questioned staff regarding the area adjacent to the creek at
Longwood. Director Lowry replied that Colleyville owns everything on the west
side of the creek, up to the TxDOT right-of-way.
Mayor Kelly suggested for staff to let City Council know when the letters are
mailed. Director Lowry stated the goal is to have the letters mailed by the end of
January.
Mayor Pro Tem Taylor stated the letters should be clear on why this is taking
place.
Councilmember Hall stated a lot of the roads around the City are taken care of by
citizens who have adopted these roads. He stated this will be an additional
pressure to keep those streets clean.
Mayor Kelly stated most property owners will understand.
PC-4 Discussion of the January 7, 2014, City Council regular agenda items
Mayor Kelly explained the applicant has submitted a letter to withdraw item 5a.
City Attorney Matthew Boyle stated it will need to be a motion to accept the
withdrawal.
Councilmember Hall questioned staff regarding if that applicant will have to go
back through the process. City Attorney Matthew Boyle replied yes, back to the
Planning and Zoning Commission and then back to City Council.
Mayor Kelly adjourned the Pre Council meeting at 6:59 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Kelly at 7:46 p.m.
ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart.
City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer
Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Fire Chief Brian
City of Colleyville Page 8
City Council Minutes - DRAFT January 7, 2014
Riley, Code Enforcement Officer Ky Roby, Economic Development Director Marty
Wieder, Human Resources Director Michelle Reyes, Public Works Director Bob
Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven,
Planning and Development Coordinator Mary Elliott, Communications and
Marketing Director Mona Gandy, Information Systems Manager Chris Pena, City
Attorney Matthew Boyle, and City Secretary Amy Shelley.
1. 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
Section 551.071 - Legal - Consultation with attorney regarding pending
litigation - Moxie Pest Services - Dallas, LLC v. City of Colleyville
Section 551.071 - Legal - Consultation with attorney on legal issues related
to the Police Department’s Use of Force Policy
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information that the City has received from business
prospects that the City seeks to have locate, stay, or expand in the City and
with which the City is conducting economic development negotiations;
deliberate the offer of a financial or other incentive to a business prospect
Mayor Kelly explained the Executive Session had been called in accordance with
the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal,
Section 551.072, Real Estate, and Section 551.087, Economic Development. He
further explained there would be no decisions made or action taken during this
time. The meeting was recessed at 6:59 p.m. and reconvened at 7:00 p.m.
INVOCATION: Counselor in Bishopric Darren Lee, Church of Jesus Christ of
Latter-day Saints, Colleyville Ward
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S)
NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE
SESSION - Resolution R-14-3708
This resolution was not needed.
City of Colleyville Page 9
City Council Minutes - DRAFT January 7, 2014
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Proclamation in recognition of Jaime Gutierrez, the 2013 Employee of
the Year - Mayor David Kelly
Councilmember Mogged announced the 2014 Colleyville Police Academy to begin
on January 30, through April 24.
Mayor Kelly reminded citizens about the State of the City to be held on Thursday,
January 23, 2014 at Colleyville Center.
Mayor Kelly reminded citizens about the 2014 Citizen Survey. He explained the
survey is available on the City’s website, and it has also been mailed out to
everyone
Mayor Kelly presented a proclamation to Jaime Gutierrez, the 2013 Employee of
the Year.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3709
4a Approval of the minutes of the regular City Council meeting of
December 17, 2013
4b Approval of a final plat for 53.2 acres on Tracts 1F and 1G, Abstract
1038, of the Hall Medlin Survey, and Tracts 1A02 and 1C, Abstract
295, of the William E. Crooks Survey, located at 7612 and 7624
Pleasant Run Road, Case PC13-021
Mayor Kelly read Resolution R-14-3709 in its entirety.
Mayor Kelly opened the public hearing at 7:59 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 7:59 p.m.
Councilmember Wollin moved to approve Resolution R-14-3709.
Councilmember Hall seconded the motion.
The motion to approve carried by the following vote:
Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
City of Colleyville Page 10
City Council Minutes - DRAFT January 7, 2014
5. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
5a Ordinance O-14-1903
Consideration of a request for approval of a Special Use Permit for an
accessory building on Lot 3, Block 1, of the Lavaca Parc Addition,
located at 6212 Lantana Court, Case ZC13-019
Mayor Kelly read the caption of Ordinance O-14-1903.
Mayor Kelly explained the applicant has submitted a letter to withdraw this item.
Councilmember Hart questioned Mayor Kelly regarding if the applicant will have to
go back to the Planning and Zoning Commission, if this item is to come back.
Mayor Kelly concurred.
Mayor Kelly opened the public hearing at 8:00 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:00 p.m.
Mayor Kelly moved to approve the applicant’s request to withdraw this
item. Mayor Pro Tem Taylor seconded the motion.
The motion to approve carried by the following vote:
Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor and Councilmembers
Carol Wollin, Chuck Mogged, Jody Short, and Tom Hart
Abstain: 1 – Councilmember Stan Hall
5b Ordinance O-14-1904
Consideration of a request for a zoning change from the AG-
Agricultural zoning district to the PUD-C-Planned Unit Development
Commercial zoning district on 2.8 acres out of the J.L. Byas Survey,
Abstract 180, located at 1603 and 1605 Hall-Johnson Road, Case
ZC13-020
Mayor Kelly read the caption of Ordinance O-14-1904.
Community Development Director Ron Ruthven presented this item and briefed
City Council.
Mayor Kelly opened the public hearing at 8:11 p.m.
City of Colleyville Page 11
City Council Minutes - DRAFT January 7, 2014
Fred Monks Sr., 1608 Kingswood Lane, and Tommy Monks, Jr. presented this item
and briefed City Council.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:13 p.m.
Mayor Kelly questioned staff regarding the proposed commercial zoning. Director
Ruthven stated it resembles the CC3-Highway Commercial zoning district or ML-
Light Manufacturing.
Mayor Kelly questioned staff regarding the Planning and Zoning Commission
recommendation of the CN-Neighborhood Commercial zoning district. Director
Ruthven replied that would only apply if the property were to redevelop.
Councilmember Short questioned staff regarding if the Planning and Zoning
Commission recommendation is more appropriate given that this use is adjacent
to residential properties. Director Ruthven explained the uses allowed if the
current owner is no longer the owner of the subject property.
Mayor Kelly stated Mr. Monks was here before there were design standards in
place; therefore, any updates to standards may be difficult. He stated the
electrical code or any life, safety issues, hazardous materials and such, will need
to be addressed.
Mayor Kelly questioned staff regarding how were the regulations handled for
Hodges Automotive. Director Ruthven replied that was a similar situation where
the business was in place for a good length of time; however, they did not have a
legal non-conforming status, and were therefore granted a PUD-Planned Unit
Development zoning to allow those uses.
Mayor Kelly questioned staff regarding what would the requirements be of Mr.
Monks with the subject property, as it currently stands. Director Ruthven stated
he will have 180 days to bring the subject property into compliance with life safety
codes, the Americans with Disabilities Act (ADA), and the electrical code. He
added a paved fire lane will be required from the access drive to the subject
property.
Mayor Kelly questioned staff regarding the ownership of the access. Director
Ruthven replied the City of Colleyville.
Mayor Kelly questioned staff regarding if Mr. Monks has a public access easement.
Director Ruthven concurred, a 25 foot easement.
Mayor Kelly questioned staff regarding who really should be responsible for that
easement. Director Ruthven replied the ordinance is written so that the applicant
is responsible for the easement.
City of Colleyville Page 12
City Council Minutes - DRAFT January 7, 2014
Mayor Kelly questioned staff regarding what triggers the need to have the property
be ADA compliant. Director Ruthven replied any business must comply with ADA
regulations.
Mayor Kelly questioned staff regarding if those specifics are known. Director
Ruthven replied not specifically.
Mayor Kelly questioned staff regarding if the City is responsible to enforce the ADA
compliance or federal. Director Ruthven replied the business owner is ultimately
responsible; however, all cities enforce those guidelines.
Mayor Kelly questioned staff regarding if the certificate of occupancy triggers this
compliance. Director Ruthven replied yes.
Mayor Pro Tem Taylor questioned staff regarding fencing requirements between
the residential uses and this commercial use. Director Ruthven stated all
screening would have to meet the code requirements; therefore, an eight foot
masonry wall would have to be constructed. He added there is currently an eight
foot wood fence along part of the properties to the south. He stated not being
sure if the east side of the property is properly fenced.
Mayor Pro Tem Taylor questioned Mr. Monks, Jr. regarding if this family owned
business will be here for decades to come. Mr. Monks, Jr. replied yes.
Mayor Pro Tem Taylor questioned Mr. Monks, Jr. regarding if the customers come
to this site. Mr. Monks, Jr. replied no.
Mr. Monks, Jr. stated they feel they have a great property to do this business. He
added that they have planted several trees along most of the subject property
lines.
Mayor Pro Tem Taylor questioned Mr. Monks, Sr. regarding how the property was
acquired. Mr. Monks, Sr. replied some of the property was purchased from a
friend in 2000, and the remainder was purchased in 2002. He stated they were
working on this property at the same time Kingswood Estates was being built.
Councilmember Mogged stated the adjacent property owners have commented
that the business is a good neighbor.
Mayor Kelly stated all electrical issues and life safety issues need to be addressed.
Mayor Kelly questioned staff regarding emergency access. Fire Chief Brian Riley
stated it would be hazardous getting trucks to the facility given the current
condition of the road.
City of Colleyville Page 13
City Council Minutes - DRAFT January 7, 2014
Mayor Kelly suggested having fire lanes designated so that emergency vehicles
may access the buildings. Mr. Monks, Jr. stated he is unclear about the paved fire
lane and its location.
Mr. Monks, Jr. stated being in favor of putting more concrete down, in the front of
the shop, which would allow for the marking of a fire lane, however, the parking
portion, he did not feel needed to be paved. He added the fire hydrant is right
outside the gate.
Mr. Monks, Jr. explained the fire trucks have been on the subject property for fire
training and for yearly inspections.
Mayor Kelly questioned Mr. Monks, Jr. regarding the buildings located on the
property. Mr. Monks, Jr. explained the various buildings and their uses.
Mayor Kelly questioned Mr. Monks, Jr. regarding if any chemicals are stored in any
of the buildings. Mr. Monks, Jr. replied there are some stored in one of the
buildings, however, the MSDS sheets are available for reference.
Mayor Pro Tem Taylor questioned Mr. Monks, Jr. regarding if the materials are
bagged fertilizer. Mr. Monks, Jr. replied yes.
Mayor Pro Tem Taylor questioned Mr. Monks, Jr. regarding what can be done to
provide for the family legacy, since the business will be here for the long term.
Mr. Monks, Jr. replied he is responsible for taking care of these items.
Mayor Pro Tem Taylor stated being concerned about the volatiles on the property.
Mayor Pro Tem Taylor stated if the parking and screening are issues for this use,
then those issues need to be addressed.
Mayor Kelly suggested the Fire Marshal to lay out a plan regarding a fire lane or a
proposed parking plan.
Mayor Pro Tem Taylor suggested defining the parking areas for employees and
such. Mr. Monks, Jr. stated he would like to know exactly what needs to be done.
Mayor Pro Tem Taylor questioned staff regarding if they can assist with the
parking configuration. Chief Riley replied yes.
Mayor Kelly stated staff can provide some guidance.
Mr. Monks, Sr. stated he did not feel the area needed to be paved, given that
large trucks come to the subject property all the time. Mr. Monks, Jr. stated they
want the emergency trucks to be safe.
City of Colleyville Page 14
City Council Minutes - DRAFT January 7, 2014
Mayor Pro Tem Taylor stated before the City can sign off on this, these issues have
to be addressed. Mr. Monks, Jr. stated he understands there are items in which
they must comply with regulations.
City Manager Jennifer Fadden questioned City Council regarding screening, the
way the ordinance is proposed the screening is required. Director Ruthven added
that an eight foot masonry screening wall is required along the east property line.
Councilmember Mogged questioned staff regarding the Planning and Zoning
Commission recommendation. Director Ruthven stated the recommendations did
not include waiving the screening requirements.
Mayor Kelly and Director Ruthven discussed the existing screening along the
property lines.
Councilmember Hall stated this business was there when those homes were built.
He stated the only issue is making sure the electrical code is in compliance.
Mayor Kelly questioned staff regarding the fencing standards currently in place will
be triggered with the certificate of occupancy. Director Ruthven replied yes.
Mayor Kelly stated being good with leaving the existing wooden fencing.
Director Ruthven questioned City Council regarding if the existing screening is
good, or would they rather apply the fencing standards outlined in the code.
Councilmember Hall replied to leave the existing screening as is. Councilmember
Mogged suggested that the maintenance standards should apply.
Mayor Pro Tem Taylor stated these standards should be triggered at the time of
ownership or use change.
Councilmember Hall stated he does not feel that the applicant should pave the
City’s property.
Mayor Kelly stated being concerned about the current road conditions for
emergency access. He suggested periodic inspections need to be done to ensure
the road conditions are good.
Mayor Pro Tem Taylor stated being concerned about setting a precedent.
Mayor Pro Tem Taylor questioned City Council regarding if this were a brand new
request, would the attitude be the same? Councilmember Hall stated no,
especially since it would then require compliance upon the change in ownership or
use. He stated the electrical issues need to be repaired and addressed, as well as
the safety issues. He added the road situation does not need to be addressed, at
this time.
City of Colleyville Page 15
City Council Minutes - DRAFT January 7, 2014
This is the first reading of this item; therefore, City Council did not take any action
on this item during this meeting.
5c Ordinance O-14-1905
Consideration for approval of amendments to Chapter 3 - Land
Use, Section 3.26-Fences, Free Standing Walls, and Screening
Materials, of the Land Development Code, Case GC13-021
Mayor Kelly read the caption of Ordinance O-14-1905.
Community Development Director Ron Ruthven presented this item and briefed
City Council.
Mayor Kelly questioned staff regarding if these standards would apply to new
fences. Director Ruthven replied yes.
Mayor Kelly opened the public hearing at 8:59 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:59 p.m.
Mayor Kelly questioned staff regarding if the proposed ordinance is reflective of
the previous discussions. Director Ruthven replied yes.
Mayor Kelly questioned staff regarding if the Planning and Zoning Commission’s
recommendations have been incorporated in the proposed ordinance. Director
Ruthven replied no.
Director Ruthven questioned City Council regarding if the direction is to move
forward as proposed. Mayor Kelly replied yes.
Mayor Pro Tem Taylor stated the Planning and Zoning Commission does not
receive the complaints like the City Council receives. He stated these regulations
are in place to keep the fences in good repair.
This is the first reading of this item; therefore, City Council did not take any action
on this item during this meeting.
5d Ordinance O-14-1906
Consideration for approval of amendments to Chapter 8-Plat Review
Procedures of the Land Development Code, Case GC13-022
Mayor Kelly read the caption of Ordinance O-14-1904.
City of Colleyville Page 16
City Council Minutes - DRAFT January 7, 2014
Community Development Director Ron Ruthven presented this item and briefed
City Council.
Mayor Kelly opened the public hearing at 9:03 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 9:03 p.m.
Mayor Pro Tem Taylor stated there has been great debate regarding whether or
not to change these requirements; however, it is important to note that none of
these will require City Council approval. City Attorney Matthew Boyle explained,
for clarification, City Council’s only discretion for plats, and the same is true for the
Planning and Zoning Commission, is ministerial; meaning if the plat meets the
ordinance and requirements, it is legally required to be approved. He stated many
cities have removed the plat approval process from City Council approval. He
added there is an appeal process to come to City Council in the event that there
are waivers requested.
Mayor Pro Tem Taylor stated it will be important for the staff members to
understand this. Mayor Kelly stated this will now help expedite the process for
those developers.
Mayor Kelly suggested a report be submitted to City Council regarding the status
of the plats. Director Ruthven stated he can summarize plat activity for City
Council.
This is the first reading of this item; therefore, City Council did not take any action
on this item during this meeting.
6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
There was no one present wishing to speak regarding this item.
7. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY
7, 2014 - Reading and Public Hearing - Resolution R-14-3710
This resolution was not needed.
8. ADJOURNMENT
There being no further business before the City Council, Councilmember Mogged
moved to adjourn, and Mayor Kelly seconded the motion.
The motion carried by the following vote:
City of Colleyville Page 17
City Council Minutes - DRAFT January 7, 2014
Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
Mayor Kelly adjourned the City Council meeting at 9:06 p.m.
APPROVED BY A VOTE OF ________ AYES, ________ NAYS, AND ________
ABSTENTIONS ON THIS THE 21ST DAY OF JANUARY 2014.
Minutes taken and prepared by:
Amy Shelley, TRMC
City Secretary
City of Colleyville Page 18
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 4b Agenda Date 01/21/2014 Number Resolution R-14-3712
Type Resolution
Department Public Works
Title
Approval to purchase one (1) Peterbilt Model 348 tandem axle dump truck from Rush
Trucking Center, through the Texas Local Government Purchasing Cooperative (Buy
Board), in an amount not to exceed $108,078, and authorize the city manager to
execute the contract
Explanation
Reading and Public Hearing
Approval is requested to purchase a Peterbilt tandem axle dump truck to replace an
existing Public Works dump truck. The cost of the dump truck is $107,678, plus a
$400 administrative fee, as shown on the attached price quotation through the Texas
Local Government Purchasing Cooperative (Buy Board). The dump truck being
replaced (Unit 888), was purchased in 1995 and currently has 44,444 miles on it. The
replacement criteria for dump trucks is 15 years of age or 90,000 miles, whichever
comes first. Because Colleyville is relatively small in geographic size, most large trucks
reach the age criteria before they reach the mileage criteria. Additionally, it is very
difficult to obtain repair parts for 20 year old dump trucks. The truck being replaced
will be disposed of through the first City vehicle auction conducted after the
replacement truck arrives. It is anticipated the truck will be delivered approximately
120 days after the order is placed.
Financial Impact
Funding for this item is budgeted in the Equipment Replacement Fund.
Recommendation
Approve
Attachments
1.Price Quotation from Texas Local Government Purchasing Cooperative (Buy
Board)
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5a Agenda Date 01/21/2014 Number Ordinance O-14-1904
Type Ordinance
Department Community Development
Title
Consideration of a request for a zoning change from the AG-Agricultural zoning district
to the PUD-C-Planned Unit Development Commercial zoning district on 2.8 acres out of
the J.L. Byas Survey, Abstract 180, located at 1603 and 1605 Hall-Johnson Road, Case
ZC13-020
Explanation
Second Reading and Public Hearing
There were no speakers regarding this request at the January 7, 2014 City Council
meeting.
At the January 7, 2014 City Council meeting, the City Council directed the applicant to
work with the Fire Department on development of a fire access plan for the site. Since
the January 7, 2014 City Council meeting, staff, including the Fire Chief, Fire Marshal,
and Community Development Director met with the applicant on the subject property.
Based on discussion at this meeting, the applicant is developing a fire access plan for
the subject property. The applicant has informed staff that the plan is incomplete, but
will be ready no later than the January 21, 2014 City Council meeting; therefore, no
plan is attached to this agenda briefing.
The City Council also directed staff to allow the current screening and fencing,
along the perimeter of the subject property, to remain "as is", unless the site is
required to be brought into full compliance with the Land Development Code, at which
time the Land Development Code screening standards, currently in effect, would be
required for the subject property. Staff has added "screening" to Section 4(2)c of
Ordinance O-14-1904, which reads as follows:
"Notwithstanding any additional requirements in this ordinance, no later than one year
from the date of approval of this ordinance, all site specific issues governed by the
Land Development Code shall be brought into compliance with all current Land
Development Code requirements, except for the following chapters and provisions: The
building location, setback, screening and parking provisions of Chapter 3-Land Use,
Chapter 4-Landscaping and Buffering, Chapter 6-Commercial Design Standards."
Additionally, the following language has been removed from Section 4(4)a of
Ordinance O-14-1904:
City Council Agenda Briefing 5a
City of Colleyville Page 2
"All outdoor storage shall be screened from the view of any adjacent properties zoned
or used for residential or educational purposes by an approved screening material as
listed in the Land Development Code."
This section now reads as follows:
"Outdoor storage of equipment, supplies and materials is hereby permitted provided all
outdoor storage is kept a minimum of 25 feet away from any adjacent properties
zoned or used for residential or educational purposes. This provision shall become
effective no later than one year from the date of approval of this ordinance. Outdoor
storage of any hazardous materials shall meet all City and State requirements effective
upon the passage of this ordinance."
Finally, based on City Council discussion at the January 7, 2014 meeting, the following
section (4(4)e) has been removed from Ordinance O-14-1904:
"No later than one year from the date of approval of this ordinance, the unpaved
portion of the access drive on the property owned by the City of Colleyville to north of
the subject property shall be paved to match the width of the existing paved portion of
said access drive up to the property line of the subject property. Said paving shall
meet all City fire lane requirements with final approval by the Public Works Director
and the Fire Marshal. The cost of said construction shall be paid by the owner of the
subject property governed by this ordinance."
First Reading and Public Hearing
Fred Monks is requesting to rezone 2.8 acres located at 1603 and 1605 Hall-Johnson
Road from the AG-Agricultural district to the PUD-C Planned Unit Development
Commercial district in order to allow the continued operation of a landscaping business
on the property. There are no plans for future development of the property at this
time.
Existing Conditions. The property is not platted and is currently occupied by a
business named The Lawn Firm, which is described as follows on the company web
page, www.thelawnfirm.com:
“The Lawn Firm provides landscaping, landscape lighting, lawn and landscape
sprinklers, outdoor water features, stonework, patios, outdoor living areas, outdoor
kitchens – and just about anything else that makes your outdoor space more
attractive, more useable, or more enjoyable. Think of us as “Your Entire Outdoor Space
Firm”."
The property is currently zoned AG-Agricultural, which does not allow for this type of
land use. According to the applicant, the current business has been in operation on the
subject property since the mid-1980’s. However, there are no City records available to
City Council Agenda Briefing 5a
City of Colleyville Page 3
document when the current uses came into existence, including building permits and
certificates of occupancy. This was recently brought to the attention of City staff when
the applicant requested to add a temporary electric pole to the property and Oncor
would not approve the request without first obtaining City approval. Staff then
informed the applicant of the non-conforming status of the property and gave the
applicant the option of abandoning the business or rezoning the property to the proper
zoning classification.
Staff is allowing the applicant to continue to operate the business pending the outcome
of this rezoning request.
Proposed Rezoning Request. The applicant is requesting the rezoning to the PUD-C
zoning district to provide the proper legal zoning for the uses that have been operating
at this location. These uses include a landscaping business with outside storage of
materials and equipment. The permitted land use that most closely matches the
current business in the Schedule of Permitted Principal Uses in the Land Development
Code is classified as “Contractor’s Office with Storage Yard”, which is allowed with a
Special Use Permit in the CC3-Highway Commercial zoning district and the ML-Light
Manufacturing zoning district. The applicant requests that the business be allowed to
operate “as is” with no proposed changes.
Similar Zoning Requests. On October 21, 2003, the City Council approved
Ordinance O-03-1416 (attached) that allowed Hodges Automotive to continue
operating at 6521 Colleyville Boulevard. Hodges Automotive had been operating for
many years as a non-conforming use with no record of any prior City approval. After
being notified by the City, the applicant requested that the business be allowed to
continue operating through the approval of a PUD-C-Planned Unit Development
Commercial zoning district.
Current Non-Conforming Items on the Subject Property. Based on the current
zoning of the property and all other applicable building and development codes, the
following is a list of current non-conforming items as observed by City staff. This list
should not be considered inclusive of all code requirements, as a comprehensive
inspection of the site has not been performed:
- There is no required Certificate of Occupancy issued for this business.
- The current land use is not allowed in the AG-Agricultural zoning district. The subject
property has always been zoned AG-Agricultural, the current land use has never been
allowed in the AG-Agricultural zoning district, and there has never been any written
approval of this business by the City, therefore, the current land use of the property is
considered illegal and non-conforming regardless of the length of time the business
has been operating.
- The building and site does not meet the minimum requirements of the American’s
City Council Agenda Briefing 5a
City of Colleyville Page 4
with Disabilities Act (ADA).
- The electrical supply and connections between and within buildings do not appear to
meet minimum electrical code requirements.
- Required parking and loading areas are not paved with the required asphalt or
concrete. Rather, they contain a dirt surface.
- Access to the site is limited to a single entrance through the Public Works Service
Center property along a 25 foot road easement, and does not comply with any access,
paving, and maneuvering requirements for fire apparatus equipment.
- Buildings do not comply with the building design and masonry requirements in the
Land Development Code.
- There is no required screening and buffering between the site and adjacent
residential properties.
Staff Recommendations. Given the code compliance issues noted above, staff
recommends the following conditions as part of any approval of the applicant’s
request:
- No later than 60 days from the date of approval of the proposed ordinance, the
applicant shall allow an independent, third party inspector, contracted by the City, to
perform a comprehensive inspection of the site and buildings, and provide a detailed
report of all outstanding code compliance issues. The cost of this inspection shall be
paid by the applicant. All specific life/safety, fire, and ADA code issues identified in the
report shall be addressed and brought into compliance with all current applicable City
codes no later than 180 days from the approval date of the proposed ordinance. The
final determination of compliance with this section shall be made by the Community
Development Director through the issuance of a temporary Certificate of Occupancy.
Failure to meet the requirements of this section shall be considered a violation of the
ordinance.
- Notwithstanding any additional requirements in the proposed ordinance, no later than
one year from the date of approval of the proposed ordinance, all site specific issues
governed by the Land Development Code shall be brought into compliance with all
current Land Development Code criteria, including but not limited to: platting, parking
and paving, landscaping, screening and buffering, building setbacks, and building
design. The final determination of compliance with this section shall be made by the
Community Development Director through the issuance of a final Certificate of
Occupancy. Failure to meet the requirements of this section shall be considered a
violation of the ordinance.
- Outdoor storage of equipment, supplies and materials is hereby permitted provided
City Council Agenda Briefing 5a
City of Colleyville Page 5
all outdoor storage is kept a minimum of 25 feet from any adjacent properties zoned or
used for residential or educational purposes. All outdoor storage shall be screened from
the view of any adjacent properties zoned or used for residential or educational
purposes by an approved screening material as listed in the Land Development Code.
Outdoor storage of any hazardous materials shall meet all City and State
requirements.
- The hours of operation for any business allowed on the subject property shall be
limited to daylight hours only, Monday through Saturday.
- All lighting on site shall be directed away from adjacent residential properties and
illumination shall not exceed 0.5 foot candles as measured at any adjacent residential
property line.
Access. The property is accessed from a single 25 foot road easement that traverses
Lot 1, Block 1, of the Public Works Service Center property and links the subject
property to Hall-Johnson Road. While most of the access road is paved, the pavement
ends approximately 200 feet north of the subject property. Staff recommends that the
unpaved portion of the access drive on the property owned by the City of Colleyville be
paved as part of the proposed site upgrades noted above, and be at the expense of the
applicant.
Master Plan. The rezoning request is not consistent with the Colleyville Master Plan,
adopted in 2004, which designates the subject property for future institutional uses.
Surrounding Properties. The properties to the north are developed as the City’s
Public Works Service Center and a City water tower and are zoned ML-Light
Manufacturing and AG-Agricultural. Properties to the east are developed as single
family homes and are zoned PUD-R-Planned Unit Development Residential. Properties
to the south are developed as single family homes and are zoned R-20-Single Family
Residential. The property to the west is developed as the Barbara Gordon Montessori
School and zoned CC2-Shopping Center district with a Special Use Permit for a Private
School.
Public Notification. Staff mailed notices to 16 adjacent property owners regarding
this request and all homeowners' associations within 500 feet. Notice was published in
the Fort Worth Star-Telegram as required by state law and the Land Development
Code. No correspondence has been received regarding this request.
Planning and Zoning Commission Recommendation. The Planning and Zoning
Commission recommended approval of this request at the December 9, 2013 meeting
by a vote of 7-0 subject to the following conditions:
(1) Staff to provide clarification on Section 4(e) of the proposed ordinance as to who
City Council Agenda Briefing 5a
City of Colleyville Page 6
pays for the driveway extension.
(2) The following staff recommendations regarding compliance with the Land
Development Code are hereby waived:
- Landscaping
- Building location and setback requirements
- Building design standards
- Parking
(3) The site shall meet all fire lane requirements in the Land Development Code.
(4) The regulations for the CN-Neighborhood Commercial District shall be applicable to
this PUD-C, except where modified by the provisions of this ordinance.
(5) If the property changes ownership or use, then a detailed site plan will be required
and will include any new buildings, access easements, parking areas, landscape
buffers, and other improvements being proposed in accordance with the Land
Development Code.
The above recommendations have been added to the proposed ordinance.
Summary. The applicant is requesting to allow the current landscaping business on
the subject property to continue operating “as is” as a legal conforming use through
the proposed rezoning request. According to the applicant the business has been
operating on the subject property since the mid-1980’s. There is no record of any
formal approval of the business in any official City records. Although staff understands
that the business is established in this area given the length of time it has been in
operation, staff also recognizes the importance of ensuring the business is compliant
with all applicable codes in promoting public and worker health and safety,
neighborhood integrity, and community aesthetic standards.
Financial Impact
There is no financial impact to the City.
Recommendation
Approval with the following conditions:
1. GENERAL
a. The purpose of this PUD-C is for a landscaping business with outside storage named
The Lawn Firm.
City Council Agenda Briefing 5a
City of Colleyville Page 7
b. The proposed development is subject to all the regulations contained in the Land
Development Code, except as amended by this ordinance.
2. BUILDING AND SITE COMPLIANCE PROVISIONS
a. The developer shall submit and receive approval from the City, a minor plat, in
accordance with the requirements of the Land Development Code prior to development
of this PUD-C.
b. No later than 60 days from the date of approval of this ordinance, the applicant shall
allow an independent, third party inspector, contracted by the City, to perform a
comprehensive inspection of the site and buildings and provide a detailed report of all
outstanding code compliance issues. The cost of this inspection shall be paid by the
applicant. All specific life/safety, fire, and ADA code issues identified in the report shall
be addressed and brought into compliance with all current applicable City codes no
later than 180 days from the approval date of this ordinance. The final determination
of compliance with this section shall be made by the Community Development Director
through the issuance of a temporary Certificate of Occupancy. Failure to meet the
requirements of this section shall be considered a violation of this ordinance.
c. Notwithstanding any additional requirements in this ordinance, no later than one
year from the date of approval of this ordinance, all site specific issues governed by
the Land Development Code shall be brought into compliance with all current Land
Development Code requirements except for the following chapters and provisions: The
building location, setback, screening and parking provisions of Chapter 3-Land Use,
Chapter 4-Landscaping and Buffering, Chapter 6-Commercial Design Standards.
3. PERMITTED USES
a. The purpose of this PUD-C is for a landscaping contractor with outdoor storage as
specifically allowed in this ordinance.
4. DEVELOPMENT CONDITIONS
a. Outdoor storage of equipment, supplies and materials is hereby permitted provided
all outdoor storage is kept a minimum of 25 feet away from any adjacent properties
zoned or used for residential or educational purposes. This provision shall become
effective no later than one year from the date of approval of this ordinance. Outdoor
storage of any hazardous materials shall meet all City and State requirements effective
upon the passage of this ordinance.
b. The regulations for the CN-Neighborhood Commercial District shall be applicable to
this PUD-C, except where modified by the provisions of this ordinance.
c. The hours of operation for any business allowed on the subject property shall be
City Council Agenda Briefing 5a
City of Colleyville Page 8
limited to daylight hours only, Monday through Saturday.
d. All lighting on site shall be directed away from adjacent residential properties and
illumination shall not exceed 0.5 foot candles as measured at any adjacent residential
property line.
e. Fire lane access to all structures on the subject property shall meet the minimum
requirements of the Land Development Code no later than one year from the date of
approval of this ordinance with final approval required by the Fire Marshal.
f. If the property changes ownership or use, then a detailed site plan will be required
and shall include any new buildings access easements, parking areas, landscape
buffers, and other improvements being proposed in accordance with the Land
Development Code.
Attachments
1.Location and Zoning Map
2.Aerial
3.Buffer Map
4.Notification List
5.Site Layout
6.Speaker Cards from December 9, 2013
7.Hodges Automotive Ordinance O-03-1416
8.Ordinance O-14-1904
CRESTEDGE CGATEHO
HA
L
L
J
O
H
N
S
O
N
R
D
KINGSWOOD LN
GA
T
E
H
O
U
S
E
C
T
1
15
1
3
17
0
0
56
0
4
15
0
4
54
1
2
15
0
6
5
55
0
4
54
0
9
1712
55
0
0
16
0
1
55
0
7
1708 5
17
0
1
16
0
2
56
0
0
170957
16
1
0
55
0
1
5405
55
0
9
1709
17
0
4
17081716
2
16
0
4
16
0
8
15
0
9
1713
16
0
5
54
1
3
54
0
8
56
1
2
15
0
5
55
0
8
54071713
55
0
5
540355051712
55
0
8
16
0
1
15
0
8
17
0
1
17
0
5
16
0
6
16
0
1
56
1
6
54
0
9
16
0
3
56
0
8
15
0
7
16
0
5
17
0
4
16
0
0
54
0
4
50
3
17
0
0
17
0
5
16
0
5
55
1
2
1716
PU
D
-
R
R-
2
0
CC
-
2
ML
CC
-
1
PUD-R Ü
Su
b
j
e
c
t
Pr
o
p
e
r
t
y
AG
Lo
c
a
t
i
o
n
an
d
Zo
n
i
n
g
Ma
p
Ae
r
i
a
l
Bufffer Mapp
Owner Name Owner Address Owner City Owner State Owner Zip Situs Address
Barbara Gordon Montessori Schl 1513 Hall Johnson Rd Colleyville Texas 76034 1513 Hall Johnson Rd
Nelson, Michael Jay 5600 Coventry Ct Colleyville Texas 76034 5600 Coventry Ct
Annis, Barnard H Etux Claudine 5604 Coventry Ct Colleyville Texas 76034 5604 Coventry Ct
Roth, Thomas R Etux Eileen M 6909 Meade Dr Colleyville Texas 76034 5512 Coventry Ct
Crawford, David E Etux Lisa 5508 Coventry Ct Colleyville Texas 76034 5508 Coventry Ct
Hines, Brent A Etux Karen L 5504 Coventry Ct Colleyville Texas 76034 5504 Coventry Ct
Hendrix, Terry L Etux Anita Y 1610 Kingswood Ln Colleyville Texas 76034 1610 Kingswood Ln
Brown, Dana Kay 5500 Coventry Ct Colleyville Texas 76034 5500 Coventry Ct
Golden, Dennis A Etux Sherry M 1606 Kingswood Ln Colleyville Texas 76034 1606 Kingswood Ln
Rooyen, Daniel V Etux Gloria 1604 Kingswood Ln Colleyville Texas 76034 1604 Kingswood Ln
Cox, George B Etux Dawn R 1602 Kingswood Ln Colleyville Texas 76034 1602 Kingswood Ln
Saiyed, Farid Etux Raana 1600 Kingswood Ln Colleyville Texas 76034 1600 Kingswood Ln
Williamson, Jeff Etux Sandra 5509 Janet Ln Colleyville Texas 76034 5509 Janet Ln
Wilkison, Gregory S Eutx Jean 5412 Coventry Ct Colleyville Texas 76034 5412 Coventry Ct
Sanderson, Wilford Etux Kristi 5408 Coventry Ct Colleyville Texas 76034 5408 Coventry Ct
Grapevine-Colleyville ISD 3051 Ira E. Woods Avenue Grapevine Texas 76051 Courtesy Notice
Stone Crest Estates HOA 1708 Gatehouse Court Colleyville Texas 76034 Courtesy Notice
Kingswood Estates HOA 1601 Royal Lane Colleyville Texas 76034 Courtesy Notice
Monks, Fred Sr & Thomas 1608 Kingswood Ln Colleyville Texas 76034 Applicant
Public hearing notices were mailed
Wed., Nov. 27, 2013 by Taci Wrisley
Notification List
Si
t
e
La
y
o
u
t
Speaker Cards - December 9, 2013
Speaker Cards - December 9, 2013
ORDINANCE 0-03-1416
AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND
DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING
THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 4.3 ACRE
TRACT OF LAND OUT OF THE A. J. LOTT SURVEY, ABSTRACT 963, FROM THE
AG-AGRICUL TURAL DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT
COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, an application for a zoning change was filed by Mr. Craig Hodges on
June 12, 2003, under Case No. Z-03-015; and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land
Development Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
made a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Sec. 2.
THAT the Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the Official Zoning Map are hereby amended
insofar as they relate to certain land located in Colleyville, Texas, as
shown on the Zoning Map attached as Exhibit "A", and described by
metes and bounds as shown on attached Exhibit "B", by changing
the zoning of said property from the AG Agricultural district to the
PUD-C Planned Unit Development Commercial district, including any
other conditions and restrictions imposed and approved by the City
Council, which are incorporated herein.
THAT the PUD-C area shall be subject to the following conditions:
1. GENERAL
a. The purpose of this PUD-C is for automotive related uses as
specifically allowed in this ordinance.
b. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended
by this Ordinance.
2. PERMITTED USES
Ordinance 0-03-1416
Page 2 of 4
The following land uses shall be permitted within this Planned
Unit Development, provided the use is limited to the specific sub-
area identified as follows.
a. Sub-area "A" -Automotive repair
b. Sub-area "8" -Outside storage of recreational vehicles;
access to this area shall only be allowed from Ross Downs
Road through area "8" or "C"
c. Sub-area "c" -Landscaping contractor with outside storage;
access to this area shall only be allowed from Ross Downs
Road through area "8" or "C"
d. Sub-area "0" -Truck rental
e. Sub-area "E" -Outside storage of boats, automobiles and
vans, provided no vehicles exceeds seven (7) feet in height;
only one row of vehicles shall be allowed adjacent to the
landscape buffer located along the east property line
f. Sub-area "F" -One single family residential unit
g. Sub-area "G" -Open space
3. SITE PLANS AND PLATTING
a. The site plan attached as Exhibit "c" shows the locations of
the land uses authorized by this ordinance, including the
existing primary and accessory buildings.
b. No development permits for any additional structures within
this PUD-C shall be approved until an amendment to this
ordinance has been approved by the City Council in
accordance with the procedures and requirements of the
Colleyville Land Development Code.
Exception: One additional structure not to exceed 1,250
square feet in area nor to exceed twenty (20) feet in height
shall be allowed for use as an auto repair bay, provided said
structure is located on the west side of and adjacent to the
existing primary auto repair building and that said structure
complies with the permitting requirements of the City of
Colleyville and the 8uilding Design criteria contained in
Chapter Six of the Colleyville Land Development Code.
c. Prior to the issuance of any development permits for any
additional structures within this PUD-C and as a condition to
Sec. 3.
Ordinance 0-03-1416
Page 3 of 4
the development of the subject property, the developer shall
obtain approval of a final plat of the property in accordance
with the procedures and requirements of the Colleyville Land
Development Code and comply with the fire lane requirements
of the Colleyville Fire Code.
4. OTHER
a. Hours of operation: Except for the residents of the single
family unit, the allowable hours of operation shall be 6:00 a.m.
to 9:00 p.m. for landscaping and storage of recreational
vehicles; 6:00 a.m. to 10:00 p.m. for other uses allowed in this
Planned Unit Development.
b. The regulations for the CC-2 District shall be applicable to this
PUD-C, except where modified by the provisions of this
ordinance.
c. The location and width of all fire lanes shall be approved by
the Fire Marshal.
d. There shall be a landscape screen of evergreen shrubs
planted within thirteen (13) feet of the common property line
with the Ross Downs subdivision, as shown on the Site Plan,
Exhibit "C". Said row of shrubs shall be spaced not less than
five (5) feet on centers and shall not be less than six (6) feet in
height within two (2) years from the date of this ordinance.
Said row of shrubs shall be planted not later than 180 days
from the date of approval of this ordinance.
e. Within the landscape screening area required in paragraph d
above, there shall be trees planted in accordance with a tree
plan shown on Exhibit "0". Said trees shall be a minimum of
three inch (3") caliper. Said trees shall be planted not later
than 180 days from the date of approval of this ordinance.
f. The parking areas for areas "8" and "C" may consist of
crushed rock.
g. The area within fifty (50) feet of the common property line with
the Ross Downs subdivision shall be free of any trash or
debris on the grounds and the grass shall be maintained at a
height not to exceed twelve (12) inches.
THAT any person, firm, or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
Sec. 4.
Sec. 5.
Sec. 6.
Ordinance 0-03-1416
Page 4 of 4
THAT the Land Development Code of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this
ordinance.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
THAT this ordinance shall become effective immediately upon
publication.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 1»'i day of
Oe,htkd.,.J 2003.
The second reading and public hearing being conducted on the 02/ ~ day of
0cfc6-vr....... 2003.
Cynthia Singleton, TRMC
City Secretary
APPROVED AS TO FORM AND LEGALITY: Hfb-
Ross T. Foster
City Attorney
EXHIBIT A -ZONING MAP
CC-2
EXHIBIT B -METES AND BOUNDS DESCRIPTION
Being a tract of land out of the A.J. Lott Survey, Abstract No. 963, Tarrant
County, Texas, and being the same tract of land as described in deed recorded
in Volume 10003, Page 114, Deed Records, Tarrant County, Texas, and being
described by metes and bounds as follows:
BEGINNING at a %-inch iron pin found in the south line of Ross Downs Road for
the northwest corner of tract being described, said point being the northwest
corner of Lot 2, Block 1, C-D Subdivision, an Addition to the City of Colleyville,
Tarrant County, Texas, and by deed being the northwest corner of a tract of land
as described in deed recorded in Volume 5990, Page 188, Deed Records,
Tarrant County, Texas;
THENCE North 52 degrees 49 minutes 31 seconds East 784.49 feet (deed call
North 52 degrees 14 minutes 20 seconds East 781.92 feet) along the easterly
line of said Ross Downs Road to a capped iron pin set for the most northerly
northwest corner of tract being described;
THENCE South 89 degrees 34 minutes 33 seconds East 69.44 feet (deed call
76.28 feet) and continuing along the south line of said Ross Downs Road to a %-
inch iron pin found in the west line of Block 12, Ross Downs Estates II, an
Addition to the City of Colleyville, Tarrant County, Texas, according to the plat
recorded in Cabinet A, Slide 799, Plat Records, Tarrant County, Texas, for the
northeast corner of tract being described;
THENCE South 01 degrees 32 minutes 00 seconds 478.92 feet (deed call
479.00 feet) along the west line of said Ross Downs Estates II to a % inch iron
pin found for the southeast corner of tract being described, said point being the
northeast corner of Lot 1 R, Block 2, Ponce Addition, an Addition to the City of
Colleyville, Tarrant County, Texas, according to the plat recorded in Cabinet A,
Slide 1642, Plat Records, Tarrant County, Texas;
THENCE North 89 degrees 34 minutes 32 seconds West 707.35 feet (deed call
West 707.26 feet) along the north line of said Block 2, Ponce Addition and the
north line of said Lot 2, Block 1, C-D Subdivision to the POINT OF BEGINNING
and containing 4.268 acres of land, more or less.
EXHIBIT C -SITE PLAN
.... ,.-.,"
JIG" -o •
190'
EXHIBIT D -TREE PLAN
,
"
" Tree -
ORDINANCE O-14-1904
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP
AND CHANGING THE ZONING ON 2.8 ACRES LOCATED IN THE J.L.
BYAS SURVEY, ABSTRACT 180, FROM THE AG-AGRICULTURAL
ZONING DISTRICT TO THE PUD-C-PLANNED UNIT DEVELOPMENT
COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning
under Case No. ZC13-020; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the
City to enact a new zoning ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning
Commission to recommend the boundaries of the various
original zoning districts and appropriate regulations be enforced
therein and to recommend a new zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into
districts and has prepared regulations pertaining to such
districts in accordance with a comprehensive plan designed to
lessen congestion in the streets; to secure safety from fire,
panic, and other dangers; to promote health, general welfare;
to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration, among other things, to the character of the
districts and their peculiar suitability for particular uses, with a
view to conserving the value of buildings and encouraging the
most appropriate use of land throughout the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville
and the City of Colleyville City Council, in compliance with the
Charter of the City of Colleyville, and State Law with reference
to changes to zoning classifications under the Zoning Ordinance
Regulations and Zoning Map, having given the requisite notices
Ordinance O-14-1904
Page 2 of 6
by publication and otherwise, and after holding due hearings
and affording a full and fair hearing to all the property owners
generally, and to the persons interested and situated in the
affected area and in the vicinity thereof, the governing body of
the City of Colleyville is of the opinion that said change in
zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true
and correct and are incorporated into the body of this ordinance
as if copied in their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning on 2.8 acres located in the J.L. Byas Survey,
Abstract 180, from the AG-Agricultural zoning district to the PUD-
C-Planned Unit Development Commercial zoning district, as
depicted in the attached Exhibit “A”, and as described in Exhibit
“B”.
Sec. 3. THAT the Official Zoning Map of the City of Colleyville be
amended to incorporate the zoning change approved herein.
Sec. 4. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The purpose of this PUD-C is for a landscaping business
with outside storage named The Lawn Firm.
b. The proposed development is subject to all the regulations
contained in the Land Development Code, except as
amended by this ordinance.
2. BUILDING AND SITE COMPLIANCE PROVISIONS
a. The developer shall submit and receive approval from the
City, a minor plat, in accordance with the requirements of
the Land Development Code prior to development of this
PUD-C.
Ordinance O-14-1904
Page 3 of 6
b. No later than 60 days from the date of approval of this
ordinance, the applicant shall allow an independent, third
party inspector, contracted by the City, to perform a
comprehensive inspection of the site and buildings and
provide a detailed report of all outstanding code compliance
issues. The cost of this inspection shall be paid by the
applicant. All specific life/safety, fire, and ADA code issues
identified in the report shall be addressed and brought into
compliance with all current applicable City codes no later
than 180 days from the approval date of this ordinance.
The final determination of compliance with this section shall
be made by the Community Development Director through
the issuance of a temporary Certificate of Occupancy.
Failure to meet the requirements of this section shall be
considered a violation of this ordinance.
c. Notwithstanding any additional requirements in this
ordinance, no later than one year from the date of approval
of this ordinance, all site specific issues governed by the
Land Development Code shall be brought into compliance
with all current Land Development Code requirements
except for the following chapters and provisions: The
building location, setback, screening and parking provisions
of Chapter 3-Land Use, Chapter 4-Landscaping and
Buffering, Chapter 6-Commercial Design Standards.
3. PERMITTED USES
a. The purpose of this PUD-C is for a landscaping contractor
with outdoor storage as specifically allowed in this
ordinance.
4. DEVELOPMENT CONDITIONS
a. Outdoor storage of equipment, supplies and materials is
hereby permitted provided all outdoor storage is kept a
minimum of 25 feet away from any adjacent properties
zoned or used for residential or educational purposes. This
provision shall become effective no later than one year
from the date of approval of this ordinance. Outdoor
storage of any hazardous materials shall meet all City and
State requirements effective upon the passage of this
ordinance.
Ordinance O-14-1904
Page 4 of 6
b. The regulations for the CN-Neighborhood Commercial
District shall be applicable to this PUD-C, except where
modified by the provisions of this ordinance.
c. The hours of operation for any business allowed on the
subject property shall be limited to daylight hours only,
Monday through Saturday.
d. All lighting on site shall be directed away from adjacent
residential properties and illumination shall not exceed 0.5
foot candles as measured at any adjacent residential
property line.
e. Fire lane access to all structures on the subject property
shall meet the minimum requirements of the Land
Development Code no later than one year from the date of
approval of this ordinance with final approval required by
the Fire Marshal.
f. If the property changes ownership or use, then a detailed
site plan will be required and shall include any new
buildings access easements, parking areas, landscape
buffers, and other improvements being proposed in
accordance with the Land Development Code.
Sec. 5.
THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive
Zoning Ordinance of the City of Colleyville as heretofore
amended, and as amended herein.
Sec. 6. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance
of the City of Colleyville, and upon conviction shall be punishable
by a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense.
Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Ordinance O-14-1904
Page 5 of 6
Sec. 8. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 9. THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
that it be given the above zoning classification in order to permit
its proper development and in order to protect the public
interest, comfort and general welfare, and requires that this
ordinance shall take effect immediately from and after its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 7th day of
January 2014.
The second reading and public hearing being conducted on the 21st day of
January 2014.
PASSED AND APPROVED by the City Council of the City of Colleyville,
Texas, on this the ________ day of _________________________ 2014.
ATTEST: CITY OF COLLEYVILLE
Amy Shelley, TRMC 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 – Legal Description
Tract 1
BEING a tract of land out of the J. L. BYAS SURVEY, ABST. #180 in Tarrant County, Texas,
and more particularly described as a portion of a 9.315 acre tract out of said survey
recorded in the name of Joe B. Harrison in Vol. 2850, Page 467, Deed Records, Tarrant
County, Texas and being described by metes and bounds as follows:
BEGINNING at a pipe, said pipe being the Southwest corner of said 9.315 acre tract;
THENCE North 00 deg. 18 min. East along the West line of said 9.315 acre tract 246.7 ft to
an iron pin for corner;
THENCE South 89 deg. 45 min. East 241.2 ft to an iron pin for corner in the West line of a
4.965 acre tract of land recorded in the name of Ronald R. Robertson in Vol. 5398, Page 58,
Deed Records, Tarrant County, Texas;
THENCE South 00 deg. 11 min. West along the West line of said 4.965 acre tract 246.7 ft to
an iron pin for corner in the South line of said 9.315 acre tract;
THENCE North 89 deg. 45 min. West along the South line of said 9.315 acre tract and along
a fence 241.7 feet to the POINT OF BEGINNING and containing 1.367 of land, more or less;
Tract 2
BEING 1.482 acres, more or less, situated in the J. L. BYAS SURVEY, ABSTRACT #180,
Tarrant County, Texas, being a portion of a 4.965 acre tract described in Deed from Ronald
R. Roberson to R. Sam Culbertson dated April 13, 1984, recorded in Volume 8382, Page 744
of the Deed Records of Tarrant County, Texas, SAVE AND EXCEPT 3.483 acre of said
property as described in Partial Release of Lien executed by Lloyd Wi nsworth dated
November 20, 1985, recorded in Volume 8382, Page 760 of the Deed Records of Tarrant
County, Texas, all as more particularly described following:
BEING a 4.965 acre tract of land out of the J. L. BYAS SURVEY, ABSTRACT #180, Tarrant
County, Texas, and being a part of a 9.315 acre tract of land conveyed to J. B. Harrison and
wife by deed recorded in Volume 2850, Page 467, Deed Records of Tarrant County, Texas
described by metes and bounds as follows:
BEGINNING at an iron pin at the Southeast corner of said 9.315 acre tract, said point being
216.67 feet North of the S.E. Corner of said J. L. Byas Survey;
THENCE West 271.0 feet to an iron pin for corner;
THENCE North 00 degrees 11 minutes E, 794.0 feet to an iron pin in the South ROW line of
the Hall-Johnson Road;
THENCE along said ROW line S 88 degrees 45 minutes E, 43.73 feet, said point being the
beginning of a curve to the left having a radius of 896.0 feet, and continuing along said
curve a distance of 227.27 feet to an iron pin;
Exhibit B – Legal Description (Continued)
THENCE S 00 degrees 23 minutes E 828.5 feet to the place of beginning, containing 4.965
acres of land, more or less;
SAVE AND EXCEPT THE FOLLOWING:
Being a tract of land out of the J. L. BYAS SURVEY, ABSTRACT NO. 180 in Tarrant County,
Texas, being part of a 9.315 acre tract of land conveyed to J. B. Harrison, et ux, recorded in
Volume 2850, Page 467, Deed Records of Tarrant County, Texas;
BEGINNING at an iron pin 457.13 feet North and 270.23 feet West of the Southeast Corner
of the J. L. Byas, Abstract No. 180 in Tarrant County, Texas;
THENCE North 0 degrees 11 minutes East 553.54 feet to an iron pin in the South line of the
Hall Johnson Road;
THENCE with said South line, South 88 degrees 45 minutes East 43.73 feet to an iron pin at
the beginning of a curve to the left;
THENCE with said curve to the left, with a radius of 2804.37 feet and a central angle of 4
degrees 42 minutes 15 seconds a distance of 230.06 feet to an iron pin;
THENCE South 0 degrees 33 minutes 55 seconds West 582.21 feet to an iron pin;
THENCE South 89 degrees 21 minutes 17 seconds West 267.44 feet to the place of
beginning, containing 3.483 acres of land, more or less (151.73835 square feet).
SPEAKER CARD
Date: \
Agenda Item Number:
For example: 5a (this can be found on the far left side of the agenda copy)
J I will speak In Support of this item. I will speak In Opposition to this item.
P PP P
I do not wish to speak, but please record my: support opposition
Name: , \-\\c3xAcS
Address: �w
I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda
as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open
Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking
under the Citizen's Comments section of the agenda.
ter.,...... .. ., \ c�.,�.� \
Signed: 1
This information is a Public Record
INFORMATION RECEIVED
AFTER PACKETS COMPLETED :
Item 5a - ZC13 - 020
Received on :
Tuesday, January 21 , 2014
E EMPLOYEE
� ��" PARKING
�� �� �. ���
��
� _ ►�
����,
' ,S .,3i��y �!%
��'FS�� 3 +., } . .
�� : � �IVRAVC ' ��
� ` S�NTAINERS ;�" _ �
� � 1I �� � ��
,�� `: L_..�.._ _ �'s
s—1
'GR
FIRE HYDRANT
0
N
I �
z''
$,..,�� — — � —
°�" 1 � , '��
�' � EMPLOYEE ` °`
� ;�' PARKING �. `'�
.�` �
� ���.
�
CASE ZC13-020
Zoning change from the AG-Agricultural zoning district to the
PUDC-Planned Unit Development Commercial zoning distric on
2.8 acres out of the J.L. Byas Survey, Abstract 180, located at
1603 and 1605 Hall Johnson Rd.
�- � '_ � +�Y� �+
,"� � �� -
� : x � � .t �'' r�"x43� '
r . ' _ _ .. � _' , ,,
. �
,; , � :
� • . . .�., , ��:. . ��.., - .°...`
s �, �
, e _ � -
— .—�E ;� � .�.,. ,u , =;�' s �$ � � �._ '' �, Lf � +�,� .
=�� SHED �`.. �tts '= � �� �"r :� _
� .� � ,' � .�.�' � � k �. �.W -x vr�
� � � � �� � � �
. �. �, ;.�..�� ..����
,� `� 3 r " o .,,,_ . � : � �� � �� ,
� ! 24 -0' RV S STORAGE CONTAINERS � � � �'
I E � * '�����,�s
i ' .�` : _� , ��'� � :;
` a ��s
� �;
� _�,r� , � , ��.�
��', � �`� � c 7
r � �'�j� �. . ,�� , ^� �
� `.
i ,O�O �.�; � � x e,
_, � � �'�5� �`_ `� �' � ^�,�
7 �X � �/ ��� � �r.k � . � 4 �
/ � ,
./ � � � ' �
� // / � j / / �' / � '�'�
'/„ �� j �� j � �' � �- � � � � . .. . �„� # F+� 9 x.
� : % /// �� _. C7 - - __ + �� '
,+_ r
FIREL'AM� i ' � � i,����- � � % �' � - , � � �
� ��
... _._ .✓. %,4 .i`��'4a N . � ,�� ' ��%
a :
� � 4 f � � ''� y-ty
- '��`,. � .. � ' � '�� � �+w,� _' ..
'� - g €�v.
� � � � �
� �.
, �. , �
60' 0" � ;� � { },� �
� ' t t
e: � �� � r
° � z �;
� �� s_ �
� �� ; ,.# �'�°` ,�' � a � d � � X ` �
� � � < � ; ��
+�� . `� � a, �� �.
�, � � � -,� � ��
,. . ��� _,. � ._� � f f , � . � ��
�` x '� ` a
�' ��� `�c
c�� �� i': -�
- � _. �� .�-`�.I
� � � _ y J i;^`£'�
ff - r�' ;. � _
�
4 % �� q S
� d ,
..,�,:.. _�.�� r!t�.
. sr .
a
�� �� � � t: � � Y
�. v � ` ` � '1 ��-�' � F . � � '' �� � � � � �� ,���
^. . ��:a R � � ... w ry . � i " a -+.. ,a, �.
� �-��z= ' zu�'{^� � ? ; � - � - ,. , ,�. .
�1 Mf : �,� ' �" ": ,.
�� � a _
-:: n .. . • . �
<
�=�- ...—.t� �r?'� —'-�+-'-
�s� _
» �,° � �s°
� �: �_— _r. �
t'�a'` �` f �� '� �
�' .,.,��.- ..:.r$ �"t .' . . ._ ..� . .... .
., _ . ._ . .... . .
_--,.'�- � �— `"'�,�
f4 y � -
� � �
, s ' � � f� ��,,�
k 1 �. � 2'b,:.��_.
F ._ , _ . ����� . .
�� !�
;t'YCi
,� � .i
� �
:� '
t
�� 1 � �:
.��._..
�' �ll� OO� �
SCALE: 1 "= 40'
a
r
�
.�
;
�
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5b Agenda Date 01/21/2014 Number Ordinance O-14-1905
Type Ordinance
Department Community Development
Title
Consideration for approval of amendments to Chapter 3 - Land Use, Section 3.26-
Fences, Free Standing Walls, and Screening Materials, of the Land Development Code,
Case GC13-021
Explanation
Second Reading and Public Hearing
There were no speakers regarding this request at the January 7, 2014 City Council
meeting.
First Reading and Public Hearing
This item was presented to the City Council at the September 3, 2013 Pre Council
meeting. Based on discussion at this meeting, staff proposes amendments to Section
3.26-Fences, Free Standing Walls, and Screening Materials in the Land Development
Code. In April 2013, the City Council directed staff to review the specific construction
and maintenance requirements for fences and walls in Section 3.26, and compare what
other area cities require in comparison to Colleyville's existing standards.
Proposed Amendments. Attached is a comparison matrix of area city requirements
with regard to fence maintenance and construction standards. Staff proposes the
following amendments to Section 3.26-Fences, Free Standing Walls, and Screening
Materials in the Land Development Code (the sections below are labeled and numbered
just as they would appear in Section 3.26; staff comments are italicized):
C. Maintenance:
1. All fences erected as provided for in this section shall be maintained in good
condition. Existing requirement
2. A fence shall not lean more than one inch out of vertical for each foot of height as
measured from the top of the fence. New requirement
3. The owner shall replace broken, damaged, removed, or missing parts of a fence
within ten (10) days of the day the owner received notice from the Administrative
Official, with the same material, or material with comparable composition, color, size,
shape and quality of the original fence to which the repair is being made. No permit is
required for repairs as defined in this ordinance. The Administrative Official may, upon
City of Colleyville Page 1
City Council Agenda Briefing 5b
written notice from the owner that unusual circumstances prevent the timely repair of
a fence, extend the replacement time as required. The Administrative Official shall not
extend the replacement time longer than reasonably necessary. The owner requesting
a replacement time extension shall provide the Administrative Official a written scope
and schedule detailing materials and estimated time period of the completed
replacement for approval. New requirement
4. A fence shall be maintained in sound structural condition as a whole or completely
removed, including post(s). New requirement
5. Property owners shall maintain fences, including those existing prior to the adoption
of this ordinance, at all times in a state of good repair, safe and secure condition, with
all braces, bolts, nails, supporting frame, and fastenings free from deterioration,
termite infestation, rot, rust, or loosening, and able to withstand at all times the wind
pressure for which they were designed. New requirement
6. Property owners shall regularly paint fence supports, gates, structural members,
and exterior surfaces that are covered with paint to prevent rusting, peeling, or
blistering surfaces. New requirement
7. Existing fences that were constructed prior to the adoption of this ordinance that
were constructed with materials not currently permitted by this ordinance may be
maintained as long as no part of the fence is, or becomes, unsafe, dilapidated, or a
public nuisance. If the Administrative Official determines the fence is unsafe,
dilapidated, or a public nuisance, the fence must be repaired with materials approved
by this ordinance or be removed. New requirement
8. 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 between the fence and
an adjacent fence on a neighboring property, the property line to the back of curb or
edge of the pavement or center of alley, free and clear of debris and high weeds.
The above standards would provide detailed maintenance requirements for all fences
and walls where none currently exist.
D. 14. General Construction Requirements for Wood Fences:
a. For commercial properties, all vertical posts on fences over four (4) feet in height
shall be galvanized steel with a minimum two (2) and three-eighths (3/8") inch
diameter, a minimum fifteen (15) gauge thickness, and set in a concrete footing.
Picket fences, split rail fences, ranch style, or agricultural fences, or other types of
decorative fences approved by the Building Official or his/her designee shall be
permitted to use wood posts. New requirement. This would effectively prohibit wooden
posts for any wood fence over four feet in height for commercial properties only, which
reflects the City Council's direction at the September 3, 2013 Pre Council meeting; this
City of Colleyville Page 2
City Council Agenda Briefing 5b
provision only applies to commercial properties.
b. Concrete footings shall be a minimum of eight (8) inches in diameter. New
requirement
c. For fences less than seven (7) feet in height, posts shall be spaced at a maximum of
eight (8) feet on center, set in a concrete footing of no less than twenty-four (24”)
inches deep. New requirement
d. For fences that are seven (7) feet or greater in height, posts shall be spaced at a
maximum of six (6) feet on center, set in a concrete footing of no less than thirty-six
(36”) inches deep. New requirement
e. Fence posts attached to, or supported by, other structures, including retaining walls,
shall be provided with foundation and anchorage to prevent movement of structure or
retaining wall. New requirement
f. All materials shall be securely fastened, vertical boards to horizontal stringers,
stringers to vertical posts, top rail, to ensure an ongoing attractive appearance and
safe condition, free from rot, rust, vandalism, and other sources of decay. New
requirement
g. The bottom of the fence shall be designed to prevent ground to wood contact. This
can be achieved through the use of a concrete strip poured between the fence supports
or by raising the pickets to provide a minimum of two inches between the bottom of
the pickets and the ground. Fences located within drainage easements must be
approved by the Public Works Director per the requirements of Section 8-170 of the
Land Development Code and shall be built such that required drainage and stormwater
run-off is not impeded. New requirement
h. All wood material shall be stained, pressure treated, painted, or adequately sealed
to prevent decay. New requirement
The above standards would provide detailed construction requirements for wood fences
where none currently exist.
15. Sealed Plans Required for Masonry Walls, Columns and Fences
Staff proposes adding the following language to Section 3.26:
"For all masonry walls, columns, and fences authorized by this Section, required plans
and specifications shall be prepared and sealed by a State of Texas registered engineer
and shall consider the site's soil characteristics, wind loadings, and other
environmental considerations. All field inspections and verifications for a new masonry
wall, fence, and column must be approved by the design professional mentioned above
or the professional’s representative. Said inspection approval must be submitted to the
City of Colleyville Page 3
City Council Agenda Briefing 5b
Building Official in writing prior to the City’s final inspection."
Sealed plans are not currently required for any fence construction. This would require
all fence permits for masonry walls and/or columns to contain sealed plans from a
registered professional engineer noted above. Similar to the current requirement that
retaining walls over four feet in height must be designed by a professional engineer,
this would place the responsibility to ensure the structural integrity of the fence, wall,
or column in the hands of an engineer. As discussed at the September 3, 2013 Pre
Council meeting, the design professional has been specified to include a registered
professional engineer only.
Regarding inspections of masonry walls, columns, and fences, the engineer would be
required to submit to the City a copy of their field verification that the fence meets
their criteria before the City performs a final inspection. Regarding inspections of wood
fences, most cities (including all of the cities surveyed and Colleyville), only perform a
final inspection for wood fences. Therefore, in order to ensure compliance with the
proposed new standards, the Building Inspector would have the right to require the
fence permit applicant to provide proof that the fence was constructed according to
code at any point prior to the approval of the final inspection, either through
verification from an independent third party professional, or through an on-site
verification. Additionally, all fence permit applicants will be required to sign an
acknowledgement of the City's requirements with the understanding that the fence will
be built according to City standards.
Once adopted, a bulletin of the new standards will be posted on the City's website and
included in all other communication vehicles in which the City uses. All contractors in
the City will be notified as well.
Planning and Zoning Commission Recommendation. The Planning and Zoning
Commission recommended approval of this request at the December 9, 2013 by a vote
of 7-0 subject to the following conditions:
(1) There shall be no changes to Section C(1) of Exhibit “A” in proposed Ordinance O-
14-1905
(2) Section C(2) of Exhibit “A” in proposed Ordinance O-14-1905 – Change “one inch”
to “two inches”.
(3) There shall be no changes to Section C(3) of Exhibit “A” in proposed Ordinance O-
14-1905
(4) Sections C(4) through C(8) of Exhibit “A” in proposed Ordinance O-14-1905 are
hereby deleted.
(5) Sections 14 and 15 of Exhibit “A” in proposed Ordinance O-14-1905 shall only
City of Colleyville Page 4
City Council Agenda Briefing 5b
apply to commercial properties and perimeter subdivision fences/walls.
Because the proposed changes to Section 3.26 effectively mirror what was presented
to the City Council on September 3, 2013 with a few minor changes, the above
conditions from the Planning and Zoning Commission have not been added to the
proposed Ordinance O-14-1905. Should the City Council wish to adopt the Planning
and Zoning Commission recommendations, staff will modify proposed Ordinance O-14-
1905 for the second reading of this item to include the Planning and Zoning
Commission recommendations above.
Financial Impact
There is no financial impact to the City.
Recommendation
Approve
Attachments
1. Proposed Amendments to Section 3.26
2. City Comparison Matrix - Fence Construction and Maintenance Requirements
3. Ordinance O-14-1905
City of Colleyville Page 5
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. Maintenance
1. All fences erected as provided for in this section shall be maintained in good condition.
2. A fence shall not lean more than one inch out of vertical for each foot of height as measured from the
top of the fence.
3. The owner shall replace broken, damaged, removed or missing parts of a fence within ten (10) days
of, the day the owner received notice from the Administrative Official, with the same material, or
material with comparable composition, color, size, shape and quality of the original fence to which the
repair is being made. No permit is required for repairs as defined in this ordinance. The Administrative
Official may, upon written notice from the owner that unusual circumstances prevent the timely repair
of a fence, extend the replacement time as required. The Administrative Official shall not extend the
replacement time longer than reasonably necessary. The owner requesting a replacement time
extension shall provide the Administrative Official a written scope and schedule detailing materials
and estimated time period of the completed replacement for approval.
4. A fence shall be maintained in sound structural condition as a whole or completely removed, including
post(s).
5. Property owners shall maintain fences, including those existing prior to the adoption of this
Ordinance, at all times in a state of good repair, safe and secure condition, with all braces, bolts,
nails, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or
loosening, and able to withstand at all times the wind pressure for which they were designed.
6. Property owners shall regularly paint fence supports, gates, structural members and exterior surfaces
that are covered with paint to prevent rusting, peeling or blistering surfaces.
7. Existing fences that were constructed prior to the adoption of this Ordinance that were constructed
with materials not currently permitted by this Ordinance may be maintained as long as no part of the
fence is or becomes unsafe, dilapidated, or a public nuisance. If the Administrative Official determines
the fence is unsafe, dilapidated, or a public nuisance the fence must be repaired with materials
approved by this Ordinance or be removed.
Proposed Amendments to Section 3.26
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 2
8. 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 between the fence and an adjacent fence on a
neighboring property, the property line to the back of curb or edge of the pavement or center of alley,
free and clear of debris and high weeds.
Support columns and posts shall remain in an upright position and shall be generally perpendicular to
the surrounding terrain. Masonry fences shall maintain their original aesthetic style and condition.
Structurally unsound or substandard fences are considered unsafe and a nuisance and shall be repaired
or replaced."
D. 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
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 mobile
home uses shall be maintained in good condition by the property owner of the commercial,
institutional, multifamily and mobile home use.
Proposed Amendments to Section 3.26
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 3
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 building permit for the primary structure was issued on or after April 17, 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 solid 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 that are accessible
to the public 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. Unless subject to a different requirement as part of an SUP or PUD ordinance, for properties
where the building permit for the primary structure was issued before April 17, 2013, the required
enclosure and gate may be composed of wood or masonry materials to a minimum height of six
feet and the gate must remain closed at all times. Otherwise, said properties shall be exempt
from the other provisions of this section. However, loss of any legal-nonconforming status for any
property and/or building as described in Section 3.7 in the Land Development Code shall require
full compliance with this section.
i. The City shall have the right to remove any container in an enclosure that has been non-
compliant with this sub-section for more than 30 days.
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 “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”.
Proposed Amendments to Section 3.26
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 4
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
high weeds. See Exhibit “3-3”.
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
Proposed Amendments to Section 3.26
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 5
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 key locking 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 these regulations.
14. General Construction Requirements for Wood Fences
a. For commercial properties, all vertical posts on fences over four (4) feet in height shall be
galvanized steel with a minimum two (2) and three-eighths (3/8”ths) inch diameter, a minimum
fifteen (15) gauge thickness, and set in a concrete footing. Picket fences, split rail fences, ranch
style or agricultural fences, or other types of decorative fences approved by the Building Official
or his/her designee shall be permitted to use wood posts.
b. Concrete footings shall be a minimum of eight (8) inches in diameter.
c. For fences less than seven (7) feet in height, posts shall be spaced at a maximum of eight (8) feet
on center, set in a concrete footing of no less than twenty-four (24”) inches deep.
d. For fences that are seven (7) feet or greater in height, posts shall be spaced at a maximum of six
(6) feet on center, set in a concrete footing of no less than thirty-six (36”) inches deep.
e. Fence posts attached to or supported by other structures, including retaining walls, shall be
provided with foundation and anchorage to prevent movement of structure or retaining wall.
f. All materials shall be securely fastened, vertical boards to horizontal stringers, stringers to vertical
posts, top rail, to ensure an ongoing attractive appearance and safe condition, free from rot, rust,
vandalism and other sources of decay.
g. The bottom of the fence shall be designed to prevent ground to wood contact. This can be
achieved through the use of a concrete strip poured between the fence supports or by raising the
pickets to provide a minimum of two inches between the bottom of the pickets and the ground.
Fences located within drainage easements must be approved by the Public Works Director per
the requirements of Section 8-170 of the Land Development Code and shall be built such that
required drainage and stormwater run-off is not impeded.
h. All wood material shall be stained, pressure treated, painted, or adequately sealed to prevent
decay.
15. Sealed Plans Required for Masonry Walls, Columns and Fences: – For all masonry walls, columns
and fences authorized by this Section, required plans and specifications shall be prepared and sealed
by a State of Texas registered ,engineer and shall consider the site's soil characteristics, wind
loadings, and other environmental considerations. All field inspections and verifications for a new
masonry wall, fence ,and column must be approved by the design professional mentioned above or
the professional’s representative. Said inspection approval must be submitted to the Building Official
in writing prior to the City’s final inspection.
E. 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 structure faces.
Proposed Amendments to Section 3.26
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 6
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
(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”.
Proposed Amendments to Section 3.26
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 7
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
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”.
F. 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.
Proposed Amendments to Section 3.26
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 8
G. 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 Community Development DepartmentOffice 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.
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.
H. Variances
1. Any variance to the provisions of this section shall be heard by the Zoning Board of Adjustment.
Proposed Amendments to Section 3.26
Grapevine Euless Bedford Hurst
North
Richland
Hills
Keller Southlake Arlington Frisco Coppell Flower
Mound Colleyville
Engineered
Plans Required
for Masonry
Walls?
No Yes No No No Yes No Yes*No No No No
Specific
Construction
Standards for
Wood Fences?
No No No No No Yes No Yes Yes No No No
Detailed
Maintenance
Standards for
Fences?
No No No No No No Yes Yes Yes No No No
* A Registered Landscape Architect or Architect may also submit plans
City Comparison Matrix - Fence Construction and Maintenance Requirements
ORDINANCE O-14-1905
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 3-LAND USE, 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 Section 3.26 of the
Land Development Code by amending the maintenance and
construction standards for fences and free standing walls; and
WHEREAS, notice of a public hearing before the City Council was published
in a newspaper of general circulation in Colleyville at least 15
days before such hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT Chapter 3-Land Use, Section 3.26 of the Land Development
Code, is hereby amended to read as depicted in the attached
Exhibit “A”.
Sec. 2. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance of
the City of Colleyville, and upon conviction shall be punishable by
a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense.
Sec. 3. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Ordinance O-14-1905
Page 2 of 2
Sec. 4. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 5. THAT this ordinance shall take effect immediately from and after
its passage.
Sec. 6. THAT all other provisions of the Land Development Code shall
remain in full force and effect, except as amended herein.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 7th day of
January 2014.
The second reading and public hearing being conducted on the 21st day of
January 2014.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the _________ day of ________________________ 2014.
ATTEST: CITY OF COLLEYVILLE
Amy Shelley, TRMC 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 - 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. Maintenance
1. All fences erected as provided for in this section shall be maintained in good condition.
2. A fence shall not lean more than one inch out of vertical for each foot of height as measured from the
top of the fence.
3. The owner shall replace broken, damaged, removed or missing parts of a fence within ten (10) days
of, the day the owner received notice from the Administrative Official, with the same material, or
material with comparable composition, color, size, shape and quality of the original fence to which the
repair is being made. No permit is required for repairs as defined in this ordinance. The Administrative
Official may, upon written notice from the owner that unusual circumstances prevent the timely repair
of a fence, extend the replacement time as required. The Administrative Official shall not extend the
replacement time longer than reasonably necessary. The owner requesting a replacement time
extension shall provide the Administrative Official a written scope and schedule detailing materials
and estimated time period of the completed replacement for approval.
4. A fence shall be maintained in sound structural condition as a whole or completely removed, including
post(s).
5. Property owners shall maintain fences, including those existing prior to the adoption of this
Ordinance, at all times in a state of good repair, safe and secure condition, with all braces, bolts,
nails, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or
loosening, and able to withstand at all times the wind pressure for which they were designed.
6. Property owners shall regularly paint fence supports, gates, structural members and exterior surfaces
that are covered with paint to prevent rusting, peeling or blistering surfaces.
7. Existing fences that were constructed prior to the adoption of this Ordinance that were constructed
with materials not currently permitted by this Ordinance may be maintained as long as no part of the
fence is or becomes unsafe, dilapidated, or a public nuisance. If the Administrative Official determines
the fence is unsafe, dilapidated, or a public nuisance the fence must be repaired with materials
approved by this Ordinance or be removed.
Exhibit "A"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 2
8. 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 between the fence and an adjacent fence on a
neighboring property, the property line to the back of curb or edge of the pavement or center of alley,
free and clear of debris and high weeds.
D. 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
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 mobile
home uses shall be maintained in good condition by the property owner of the commercial,
institutional, multifamily and mobile 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 building permit for the primary structure was issued on or after April 17, 2013:
a. All containers shall be fully enclosed by a decorative masonry wall.
Exhibit "A"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 3
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 solid 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 that are accessible
to the public 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. Unless subject to a different requirement as part of an SUP or PUD ordinance, for properties
where the building permit for the primary structure was issued before April 17, 2013, the required
enclosure and gate may be composed of wood or masonry materials to a minimum height of six
feet and the gate must remain closed at all times. Otherwise, said properties shall be exempt
from the other provisions of this section. However, loss of any legal-nonconforming status for any
property and/or building as described in Section 3.7 in the Land Development Code shall require
full compliance with this section.
i. The City shall have the right to remove any container in an enclosure that has been non-
compliant with this sub-section for more than 30 days.
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 “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 "A"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 4
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
high weeds. See Exhibit “3-3”.
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
Exhibit "A"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 5
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 key locking 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 these regulations.
14. General Construction Requirements for Wood Fences
a. For commercial properties, all vertical posts on fences over four (4) feet in height shall be
galvanized steel with a minimum two (2) and three-eighths (3/8”) inch diameter, a minimum fifteen
(15) gauge thickness, and set in a concrete footing. Picket fences, split rail fences, ranch style or
agricultural fences, or other types of decorative fences approved by the Building Official or his/her
designee shall be permitted to use wood posts.
b. Concrete footings shall be a minimum of eight (8) inches in diameter.
c. For fences less than seven (7) feet in height, posts shall be spaced at a maximum of eight (8) feet
on center, set in a concrete footing of no less than twenty-four (24”) inches deep.
d. For fences that are seven (7) feet or greater in height, posts shall be spaced at a maximum of six
(6) feet on center, set in a concrete footing of no less than thirty-six (36”) inches deep.
e. Fence posts attached to or supported by other structures, including retaining walls, shall be
provided with foundation and anchorage to prevent movement of structure or retaining wall.
f. All materials shall be securely fastened, vertical boards to horizontal stringers, stringers to vertical
posts, top rail, to ensure an ongoing attractive appearance and safe condition, free from rot, rust,
vandalism and other sources of decay.
g. The bottom of the fence shall be designed to prevent ground to wood contact. This can be
achieved through the use of a concrete strip poured between the fence supports or by raising the
pickets to provide a minimum of two inches between the bottom of the pickets and the ground.
Fences located within drainage easements must be approved by the Public Works Director per
the requirements of Section 8-170 of the Land Development Code and shall be built such that
required drainage and stormwater run-off is not impeded.
h. All wood material shall be stained, pressure treated, painted, or adequately sealed to prevent
decay.
15. Sealed Plans Required for Masonry Walls, Columns and Fences: For all masonry walls, columns and
fences authorized by this Section, required plans and specifications shall be prepared and sealed by
a State of Texas registered engineer and shall consider the site's soil characteristics, wind loadings,
and other environmental considerations. All field inspections and verifications for a new masonry
wall, fence,and column must be approved by the design professional mentioned above or the
professional’s representative. Said inspection approval must be submitted to the Building Official in
writing prior to the City’s final inspection.
E. 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 structure faces.
Exhibit "A"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 6
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
(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 "A"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 7
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
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”.
F. 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.
Exhibit "A"
Colleyville, Texas, Land Development Code
Chapter 3 - Land Use Page 3 - 8
G. 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 theCommunity Development Department.
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.
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.
H. Variances
1. Any variance to the provisions of this section shall be heard by the Zoning Board of Adjustment.
Exhibit "A"
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5c Agenda Date 01/21/2014 Number Ordinance O-14-1906
Type Ordinance
Department Community Development
Title
Consideration for approval of amendments to Chapter 8 - Plat Review Procedures of
the Land Development Code, Case GC13-022
Explanation
Second Reading and Public Hearing
There were no speakers regarding this request at the January 7, 2014 City Council
meeting.
First Reading and Public Hearing
This item was presented to the City Council at the September 3, 2013 Pre Council
meeting. Based on discussion at this meeting, staff proposes amendments to Chapter
8-Plat Review Procedures in the Land Development Code. In May 2013, the City
Council directed staff to review the procedures, specifically as they relate to the City
Council's approval authority over subdivision plats. Staff was directed, where possible,
to remove the requirement that the City Council approve plats.
Platting 101. Platting property is part of the development process. A subdivision plat
is a map of specific land showing the location and boundaries of individual parcels of
land subdivided into lots, with streets, alleys, and easements drawn to scale, which
must be recorded in the Tarrant County Clerk’s Office after it has received the requisite
approvals from the City. Cities are given the authority to require and regulate plats
from Chapter 212 of the Texas Local Government Code. The regulation of subdivision
platting is based upon the City’s legitimate interest in promoting orderly development;
insuring that subdivisions are constructed safely; and protecting future owners from
inadequate police and fire protection, inadequate drainage, and unsanitary conditions.
The Texas Local Government Code allows the City Council to approve a subdivision plat
or, if the City Council chooses, delegate the approval of a plat to the Planning and
Zoning Commission. In the case of Amending and Minor Plats, Chapter 212 states that
a City may delegate the approval authority of a plat to City staff.
Chapter 212 also requires cities to approve a plat that satisfies all applicable municipal
regulations, which includes zoning regulations, PUD ordinance requirements,
subdivision regulations, etc. This means that the applicable approving body (staff, the
Planning and Zoning Commission, and/or the City Council) must approve the plat if it
meets all City development requirements. The legal reference for the requirement that
City Council Agenda Briefing 5c
City of Colleyville Page 2
the approving body must approve a plat based on full compliance with City
requirements is called a "ministerial" action. The plat may only be denied by the
approving body if it does not comply with a particular City requirement. The legal
reference for the instance when the approving body has the option to approve or deny
the plat based on any non-compliance with a City ordinance is called a "legislative"
action.
A ministerial action, as it relates to a plat approval action, may be granted to City staff
where allowed by local ordinance and the Texas Local Government Code, the Planning
and Zoning Commission, and/or the City Council. A legislative action may only be
granted to the Planning and Zoning Commission and the City Council with no option for
staff approval.
Proposed Amendments. Given the platting information above and, based on the City
Council's direction, staff has performed a thorough review of the City's platting
procedures, as well as a review of the procedures of the seven cities that surround
Colleyville (attached). Based on this review and the direction from the City Council,
staff proposes the following amendments to Chapter 8-Plat Review Procedures in the
Land Development Code, which are also attached as mark-ups to Chapter 8:
Changes to Plat Classifications
Staff proposes the addition of a Combination Preliminary/Final Plat to the plat
classifications in the chapter. A Combination Preliminary/Final Plat would be allowed
where a new subdivision that includes more than four lots, and includes a new street,
will be developed in a single phase with no unplatted land left to be platted in a future
phase of development. The fee would be the same as the fee for a final plat, which is
$350 plus $7.50 per lot. The purpose of adding the new classification is based on the
following reasons:
1. It reduces staff time spent on review of both a preliminary and then a final plat;
2. It streamlines the process for developers by allowing submission of a single
combination plat as opposed to a separate preliminary and final plat;
3. Given the life cycle of the City, there are fewer large tracts of land available for
development in the City that necessitate a multi-phase subdivision in the City.
For the purpose of making the procedures easier to read, staff has also created new
sections for each plat classification in the chapter. Therefore, each plat classification
will be coded and defined as follows:
- Preliminary Plats - Section 8-140. Definition of a Preliminary Plat: A map, drawing, or
chart showing the proposed arrangement of streets, lots, easements, and other public
spaces in the subdivision. A Preliminary Plat is used when a plat contains more than
City Council Agenda Briefing 5c
City of Colleyville Page 3
four lots, will create new street(s), or will be developed in more than one phase.
- Final Plats - Section 8-145. Definition of a Final Plat: A map, drawing, or chart
prepared according to the provisions of this Land Development Code, and containing all
engineering and legal data, dedications, and certificates necessary to the recording of
same in the maps and plats records of the county. A Final Plat is the second step in the
platting process upon approval of the Preliminary Plat.
- Combination Preliminary/Final Plat - Section 8-150. Definition of a Combination
Preliminary/Final Plat: A map, drawing, or chart prepared according to the provisions
of this Land Development Code, and containing all engineering and legal data,
dedications, and certificates necessary to the recording of same in the maps and plats
records of the county. As proposed, a Combination Preliminary/Final Plat would be
allowed where a new subdivision that includes more than four lots and/or includes a
new street is to be developed in a single phase with no unplatted land left to be platted
in a future phase of development.
- Minor Plat - Section 8-155. Definition of a Minor Plat: A subdivision of not more than
four lots, which fronts on an existing street and does not require the creation of any
new street, or the extension of municipal facilities, which allows a short form process
that eliminates the need for a preliminary plat. A Minor Plat must contain all
engineering and legal data, dedications, and certificates necessary to the recording of
same in the maps and plats records of the county.
- Replat - Section 8-160. Definition of a Replat: A replat is used when a previously
platted property is proposed for redevelopment or an existing platted lot is proposed
for further subdivision. A Replat may include an additional parcel of unplatted property
when the size of the unplatted portion does not dictate the submittal of a Preliminary
Plat.
- Amending Plat - Section 8-165. Definition of an Amending Plat: A map, drawing, or
chart prepared to show a minor change of an existing subdivision to a lot line or
correction of an error such that the changes are not substantive, and no new lots are
created.
The definitions would be added to Chapter 2-Definitions in the Land Development Code
concurrent with the adoption of any amendments to Chapter 8.
Changes to Plat Approval Authority
Per the attached table, staff proposes the following changes to the approval authority
of plats by classification type:
1. Preliminary Plats - Changed to allow the Planning and Zoning Commission to have
final approval authority of the plat. If the plat application includes a request for a
City Council Agenda Briefing 5c
City of Colleyville Page 4
waiver or modification of a platting regulation, then the City Council must also approve
the request. Currently the City Council has the final approval authority for a
Preliminary Plat. A waiver can include any waiver of a Land Development Code
requirement that pertains specifically to a plat such as lot size, lot width, right-of-way
dedication criteria, etc.
2. Final Plats - Changed to allow the Planning and Zoning Commission to have final
approval authority of the plat. If the plat application includes a request for a waiver or
modification of a platting regulation, then the City Council must also approve the
request. Currently the City Council has the final approval authority for a Final Plat.
3. Combination Preliminary/Final Plats - This is a new classification. The Planning and
Zoning Commission would have final approval authority of the plat. If the plat
application includes a request for a waiver or modification of a platting regulation, then
the City Council must also approve the request.
4. Minor Plat - Changed to allow the Community Development Director to have final
approval authority of the plat. If the plat application includes a request for a waiver or
modification of a platting regulation and/or is denied by the Community Development
Director for any reason, then the Planning and Zoning Commission has final approval
authority for the plat. If the Planning and Zoning Commission denies the plat, the
applicant would have the ability to appeal the decision of the Commission to the City
Council. Currently the Planning and Zoning Commission has the final approval
authority for a Minor Plat. Chapter 212.0065 of the Texas Local Government Code
allows cities to delegate approval of a Minor Plat to City staff.
5. Replat - No changes are proposed for Replats. Currently the Planning and Zoning
Commission has final approval authority for Replats with the ability to appeal the plat
for City Council approval, in the event of denial by the Planning and Zoning
Commission.
6. Amending Plat - No changes are proposed for Amending Plats. Currently City staff
has final approval authority for Amending Plats. "Staff" has been amended to read the
"Community Development Director" for the purpose of consistency with the Minor Plat
requirement. Per the current procedures for Amending Plats, if the plat application
includes a request for a waiver or modification of a platting regulation and/or is denied
by the Community Development Director for any reason, then the Planning and Zoning
Commission has final approval authority for the plat. If the Planning and Zoning
Commission denies the plat, the applicant would have the ability to appeal the decision
of the Commission to the City Council. Chapter 212.0065 of the Texas Local
Government Code allows cities to delegate approval of an Amending Plat to City staff.
The above approval authority conditions are shown on the attached table, which is also
detailed in the Land Development Code attachment.
City Council Agenda Briefing 5c
City of Colleyville Page 5
Other changes to the chapter include minor changes related to grammar, reference
amendments, and structure.
Planning and Zoning Commission Recommendation. The Planning and Zoning
Commission recommended approval of this request at the December 9, 2013 meeting
by a vote of 7-0.
Financial Impact
There is no financial impact to the City.
Recommendation
Approve
Attachments
1.Proposed Amendments to Chapter 8
2.Proposed Subdivision Plat Approval Authority Table
3.Comparison of Plat Requirements for Cities that Surround Colleyville
4.Ordinance O-14-1906
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 1
Chapter 8
Plat Review Procedures
(Rev. 01/21/201402/21/06)
Section 8 – 100 Purpose of This Chapter
The purpose of this Chapter is to establish regulations which describe the process for the review and approval
of subdivision plats, but more specifically to:
A. provide for the safe, orderly, and healthful development of the area within the city and within the area
surrounding the city and to promote the health, safety, and general welfare of the community;
B. encourage the orderly development of the city through appropriate growth management techniques
assuring the timing and sequencing of development, promoting in-fill development in existing
neighborhoods and nonresidential areas with adequate public facilities, to assure proper urban form and
open space separation of urban areas;
C. encourage appropriate protection to environmentally sensitive areas;
D. ensure that public facilities and services are available; and
E. establish procedures for the review and approval of subdivision plats.
Section 8 – 105 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the authority of the following:
A. Chapter 212 – Municipal Regulation of Subdivisions and Property Development of the Texas Local
Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of
land within the municipality’s jurisdiction.
B. Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which authorizes a
municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or
the trade and commerce of the municipality.
C. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers
granted to municipalities by the Constitution and laws of the State of Texas.
Section 8 – 110 Variances and Appeals
Any person seeking approval of a development as required by this Land Development Code may request a
variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by
submitting a request using the procedures described in Chapter 1 – General Provisions of this Land
Development Code.
Section 8 – 115 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 – Definitions of this Land Development
Code.
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 2
Section 8 – 120 Plat Approval Required
It shall be unlawful for a person, firm or corporation owning a tract of land located within the corporate limits of
the City of Colleyville, Texas, or extraterritorial jurisdiction, to hereafter divide the same tract of land into two
or more parts, to lay out a subdivision, to lay out a building lot, or to lay out a street, alley, square, park, or
other parts of the tract intended to be dedicated to public use, or for the use of purchasers or owners of lots
fronting on or adjacent to the streets, alleys, squares, parks, or other parts for purpose of development
without having a plat of the subdivision prepared and approved in accordance with this Chapter. A division of
a tract includes a division regardless of whether it is made by using a metes and bounds description in a deed
of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or
by using any other method for purpose of development. A division of land under these regulations does not
include a division of land into parts greater than five acres, where each part has access and no public
improvement is being dedicated. The provisions of this Chapter shall apply to any development which is
intended as a single lot, tract or parcel where a primary structure will be located. Furthermore, the following
shall be applicable to all subdivisions of land:
A. It shall be the policy of the City of Colleyville to consider the subdivision of land and the subsequent
development of the subdivided land as subject to the control of the City pursuant to the Colleyville
Comprehensive Plan for the orderly, planned, efficient, and economical development of the City.
B. The City has no obligation to extend water or sewer service to any lot, tract or parcel or land sold or
created in violation of this Chapter.
C. All plats and subdivisions shall conform to the rules and regulations set forth herein.
D. This Chapter is not intended to repeal, abrogate, or impair any existing plans or ordinances. However,
where the provisions of this Chapter and other ordinances or plans conflict or overlap, the most restrictive
provisions thereof shall apply.
E. The provisions contained in this Chapter, shall be considered as the minimum requirements for review
and approval of a subdivision plat.
Section 8 – 125 Plat Required for Building Permit
No building permit shall be approved for any lot, tract or parcel of land unless and until a plat has been
approved in accordance with this Land Development Code, except as provided as follows:
A. Residential Structures - A building permit for an addition to, or renovation of, an existing residential
structure may be issued on an un-platted lot, provided the value of such proposed construction, including
the cumulative value of any proposed and all previously permitted building permits on the primary
structure, does not exceed fifty (50%) percent of the value of the existing structure, excluding the value of
the land, as shown on the most current tax roll. Building permits as used herein do not include electrical,
plumbing or similar non-construction activities.
B. Non-residential Structures - A building permit for an addition to, or renovation of, an existing non-
residential structure may be issued on an un-platted lot, provided the value of such proposed
construction, including the cumulative value of any proposed and all previously permitted building permits
on the primary structure, does not exceed fifty (50%) percent of the value of the existing structure,
excluding the value of the land, as shown on the most current tax roll. Building permits as used herein do
not include electrical, plumbing or similar non-construction activities.
C. Platting Exemption for Certain Accessory Buildings - A building permit for an accessory structure may be
issued on an un-platted lot in the Agricultural District.
D. Public Facilities Available - No building permit for a primary building will be issued until all public facilities
have been installed and have been approved and accepted by the City or provision, acceptable to the
City, has been made by the developer for such public facilities.
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 3
Section 8 – 130 Approval Authority Over Subdivision Plats
A. Approval of Plats Required – In accordance with Chapter 212.004 of the Local Government Code, the
Planning and Zoning Commission shall approve all subdivision plats, provided said plat conforms to the
requirements and specifications of this Land Development Code. In addition to the requirement of
approval of subdivision plats by the Planning and Zoning Commission, the City Council shall also be
required to approve subdivision plats, except for the approval of minor plats or amending plats. In the
event of any discrepancy between a plat as approved by the Planning and Zoning Commission and the
City Council, the plat approved by the City Council shall prevail. The approving body for all subdivision
plats shall be in accordance with the following table:
Approving Body Responsible for Approving Plats
Classification of Plat Staff P&Z Council
Combination Preliminary/Final Plat no yes no
Preliminary Plats no yes noyes
Final Plats no yes noyes
Minor Plats yesno no *yes noNo
Replat no yes no
Amending Plats
yes
no *
no **
* The Planning and Zoning Commission shall have the authority to approve a Minor Plat and
ann Amending Plat which has not been approved by City Staff.
** The Planning and Zoning Commission may additionally require the approval of an amending
plat by the City Council.
B. Preliminary, Final or Combination Preliminary/Final Plat Approval by the Planning and Zoning
Commission - The Planning and Zoning Commission shall approve or disapprove a Preliminary, Final or
Combination Preliminary/Final Plat. If the application includes a request for a waiver or modification of a
platting regulation, the City Council must also approve the request.
C. Replat Approval by the Planning and Zoning Commission - The Planning and Zoning Commission shall
approve or disapprove a Replat. If the application includes a request for a waiver or modification of a
platting regulation, the City Council may approve the request upon appeal by the applicant to the decision
of the Planning and Zoning Commission.
DB. Minor Plat Approval by Planning and Zoning CommissionStaff – The Community Development
DirectorPlanning and Zoning Commission shall be authorized to approve or disapprove a Minor Plat, as
defined by this Land Development Code provided said plat conforms to the requirements and
specifications of this Land Development Code, without the additional approval of the Planning and Zoning
CommissionCity Council. If the application includes a request for a waiver or modification of a platting
regulation, the Planning and Zoning Commission shall have the authority to approve or disapprove the
request. The City Council may approve the request upon appeal by the applicant to the decision of the
Planning and Zoning Commission.The Planning and Zoning Commission may require the additional
approval of any Minor Plat or waiver request by the City Council. The Community Development Director,
may not disapprove a Minor Plat, but shall refer any Minor Plat which he/she refuses to approve to the
Planning and Zoning Commission within thirty (30) days after the date the plat is filed.
EC. Amending Plat Approval by Staff – The Community Development DirectorCity Manager, or his designee,
shall be authorized to approve an Amending Plat as defined by the Local Government Code, provided
said plat conforms to the requirements and specifications of this Land Development Code. If the
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 4
application includes a request for a waiver from the subdivision requirements, the Community
Development Directorthe City Manager, or his designee, shall present the amending plat to the Planning
and Zoning Commission for approval. The Planning and Zoning Commission shall have the authority to
approve the Amending Plat. The Planning and Zoning Commission may require additional approval of
any Amending Plat by the City Council.
The Community Development DirectorThe City Manager, or his designee, may not disapprove an
Amending Plat, but shall refer any Amending Plat which he refuses to approve to the Planning and
Zoning Commission within thirty (30) days after the date the plat is filed.
FD. Appeal Procedure – A subdivision plat that has been denied by the Planning and Zoning Commission
may be appealed to the City Council for consideration at the next available public meeting. In the event
of any discrepancy between a plat as approved by the Planning and Zoning Commission and the City
Council, the plat approved by the City Council shall prevail.
Section 8 – 135 Procedure for Approval of Subdivisions
A. Time Period for Taking Action – The Planning and Zoning Commissionapproving body shall approve or
disapprove a subdivision application within thirty (30) days after the date the subdivision application is
filed as provided in this Chapter. A subdivision application is considered approved if the Planning and
Zoning Commission approving body fails to act on a plat within the prescribed period. Provided however,
that the subdivider may request a deferral of action on the subdivision application, thereby waiving the
thirty day time period for action by the Planning and Zoning Commissionapproving body, provided said
request is submitted in writing.
B. Additional Time Period for City Council Approval – Where City Council action is required or requested on
a subdivision application as provided in this Chapter, the action shall be taken no later than thirty (30)
days after the date the subdivision application was considered by the Planning and Zoning Commission.
A subdivision is considered approved if the City Council fails to act on a plat within the prescribed period.
Provided however, that the subdivider may request a deferral of action on the subdivision application,
thereby waiving the thirty day time period for action by the City Council, provided said request is
submitted in writing.
C. Certificate of Compliance – In cases where the City fails to act on a subdivision application within the
thirty day time period, the Community Development DirectorAdministrative Official, upon written request,
shall issue a certificate of compliance stating the date the subdivision was filed and that the City failed to
act on the subdivision application within the specified time.
D. Authorization to Sign Plats – The approval of a plat by the approving body by the City Council, or in the
case of a Minor or Amending plat by the staff or Planning and Zoning Commission, shall constitute
authority for the, Community Development Director or, the Chairman and Secretary of the Planning and
Zoning Commission and/or the Mayor and City Secretary, or staff to execute said plat, and shall
constitute approval for recording in the County Clerk’s Office of Tarrant County.
E. Modification of Conditions – Where the approving body finds that extraordinary hardships or practical
difficulties may result from strict compliance with these regulations or the purposes of these regulations
may be served to a greater extent by an alternative proposal, it may approve modifications of conditions
to these platting regulations so that substantial justice may be done and the public interest secured. Such
a finding by the City shall not have the effect of nullifying the intent and purpose of these platting
regulations.
F. Completeness Determination – Every subdivision plat application shall be subject to a determination of
completeness by the Administrative Official as provided for in this Section.
1. No later than the tenth business day from the date the application is received, the Administrative
Official shall make a written determination that all documents required by the Land Development
Code for a subdivision plat submittal have been received.
2. The applicant shall be provided written notice of any deficient documents no later than ten (10)
business days from the date the application is received. The determination shall specify the
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 5
documents or other information needed to complete the application and shall state the date the
application will expire if the documents or other information are not provided. For purposes of this
Section, the applicant shall be deemed to have been notified if the City has mailed a copy of the
determination as provided herein.
3. The processing of an application by any City official or employee prior to the time the application is
determined to be complete shall not be binding on the City as the official acceptance of the
application for filing,
4. A determination of completeness by the Administrative Official shall not constitute a determination of
compliance with the substantive requirements of the Land Development Code.
G. Expiration of Application – If a subdivision plat application is not completed on or before the 45th day after
the application is received by the Administrative Official for processing, the application will be deemed to
have expired. Thereafter, a new subdivision plat application must be submitted, including payment of the
applicable application fee. The City shall retain any fee paid for reviewing the original application for
completeness.
H. Incompleteness as Grounds for Denial – No subdivision plat application shall be scheduled for action by
an approving body unless it is determined that the application is complete and all required items, studies
and documents have been submitted to and received by the City, unless the applicant has provided a
written request for a waiver or modification of said requirement. An incomplete subdivision application
shall be grounds for denial or revocation of the application. No vesting right shall accrue from the filing of
an application that has expired pursuant to this Section, or from the filing of a complete application that is
subsequently denied.
I. Official Plat Submittal Date –The date from which the statutory period requiring approval or disapproval of
a subdivision plat application shall commence on the date the Administrative Official responsible for
processing subdivision plat applications has determined the application to be complete and marked said
date on the application and has scheduled said application for action by the approving body.
J. Development Review Committee – The City Manager shall designate a Development Review Committee
(DRC) which shall be an advisory committee to the Planning and Zoning Commission and have
responsibility for providing comments and recommendations on subdivision applications. In addition, the
Development Review Committee shall submit comments and recommendations on vacation of public
rights-of-way or easements and site plan reviews required by this Code. The Administrative Official
responsible for subdivision review shall coordinate the actions of the Development Review Committee.
K. DRC Review – Copies of subdivision plat applications shall be distributed to the Development Review
Committee (DRC) members for technical review. The DRC shall provide written comments and
recommendations on the proposed development to the Administrative Official.
The Administrative Official responsible for subdivision review shall compile a report of the written
comments received from the DRC and provide a copy of said report to the subdivider within five (5)
working days following the day of receipt of all staff comments. The subdivider shall submit revised
copies of the subdivision application, which incorporates and fully satisfies the comments of the DRC or
provide written response as to why such modification is not proposed.
L. Consistency with Master Plans – No subdivision plat shall be approved which is not consistent with the
Colleyville Master Plan, the Parks Development Plan, and trail systems plans of the City.
M. Compliance with Zoning – No subdivision plat shall be approved that is not consistent with the existing
zoning regulations applicable to the property being platted, unless a rezoning application is pending that
will provide consistency with the proposed development.
N. Public Facilities – No subdivision application shall be approved by the City unless the Director of Public
Works has reviewed the construction plans for the proposed public improvements and has determined
that the public facilities will be adequate to support and service the area of the proposed subdivision. To
expedite the review process, the Director of Public Works may accept a written offer by the developer as
satisfactory evidence that public improvement requirements of the Land Development Code will be
satisfied. The Director of Public Works may require the applicant to submit sufficient information and data
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 6
to demonstrate that the existing public facilities are adequate to serve the proposed subdivision. Public
facilities and services to be examined for adequacy shall include drainage facilities, roads, sewage, and
water systems. Public facilities shall be designed and constructed in accordance with the requirements
contained in this Land Development Code. Said proposed public improvements shall conform to and be
properly related to the Colleyville Master Plan and all applicable capital improvement plans, including but
not limited to the following:
1. Master Thoroughfare Plan – All subdivisions shall be designed to coordinate with the right-of-way
widths and street patterns shown on the Master Thoroughfare Plan.
2. Water System - All lots shall be served by a public water system capable of providing water for health
and emergency purposes, including adequate fire protection. Proposed water system improvements
shall be consistent with the Master Water System Plan.
3. Wastewater Collection System - All lots shall be served by an approved means of wastewater
collection and treatment. Proposed sewer system improvements shall be consistent with the Master
Wastewater Collection System Plan.
4. Storm Water Management - The Director of Public Works may require the use of control methods
such as retention or detention, and/or the construction of offsite drainage improvements to mitigate
the impacts of the proposed developments. Any proposed drainage system improvements shall be
consistent with the Master Storm Water Management Plan.
O. Records Maintenance – The Administrative Official responsible for subdivision review shall maintain a
record of each application submitted under this Chapter, and the action taken on the application.
P. Dedication Offers – All streets, drainage ways, parks, and other rights-of-way or public easements shown
within a subdivision plat and intended for public use shall be offered for dedication as part of the approval
of a plat. Upon approval of the subdivision application by the City, the offers shall be deemed dedicated
and available for acceptance by the City in accordance with the requirements of this Section.
1. Whenever a subdivision proposes the dedication of land for public use and the City finds that such
land is not required or is not suitable for public use, the approving body shall either deny the
subdivision application or require the rearrangement of lots to include such land.
2. The approval of a subdivision plat by the City is not considered an acceptance of any dedication and
does not impose on the City any duty regarding the maintenance or improvement of any dedicated
parts until the City Council makes an actual appropriation of the dedicated parts by entry, use, or
improvement.
3. Disapproval of a plat shall be deemed a refusal by the City to accept the offered dedications shown
thereon.
Q. Nuisance Ordinances and Outstanding Liens – No subdivision plat shall be placed on the agenda for
action by an approving body in which the Code Enforcement Officer has issued notice to the owner of the
property being subdivided that the property being considered for development is in violation of a public
nuisance ordinance of the City of Colleyville and the violation has not been abated prior to the subdivision
application date. No subdivision plat shall be placed on the agenda for action by an approving body that
has an outstanding delinquent lien payable to the City of Colleyville.
R. Frontage on Public Access Required – Every lot shall have frontage on a public street right-of-way. Said
frontage shall not be less than eighty percent (80%) of the minimum required lot width established for the
zoning district. In non-residential areas, access to a lot with a public access easement that is acceptable
by the City as meeting the minimum requirements to provide public ingress and egress and for adequate
emergency vehicle access may be allowed in lieu of a public street right-of-way.
S. Plats Straddling or Adjacent to Municipal Boundaries – Where access to a proposed subdivision is
required across land in an adjacent city, the Administrative Official shall coordinate the review of the plat
with the adjacent city and the approving bodyPlanning and Zoning Commission shall require written
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 7
approval from the adjacent city.
T. Official City Map – The Administrative Official responsible for subdivision review shall maintain an Official
City Map, which shall indicate all subdivisions, lots and street rights-of-way. Subdivision plats hereafter
approved shall be placed on the Official Map in a timely order and include the names of all streets and
street suffix classifications. Where street name inconsistencies exist, from one subdivision to another, the
Administrative Official shall place on the Official City Map the generally accepted street name, its proper
spelling, and suffix classification. The Administrative Official responsible for subdivision review shall
assign street address ranges for each block and coordinate these with the Office of the Fire Marshal and
other emergency service providers.
U. Enforcement of Chapter – In addition to any other remedy provided by law, the City and its officers shall
have the right to enjoin any violation of this Chapter by injunction issued by a court of competent
jurisdiction.
Section 8 – 140 Preliminary Plats
A. Preliminary Plat Classification – Submittal of a Preliminary Plat is the first of a two step process for
approval of a subdivision plat. The Preliminary Plat procedure shall be used when the property proposed
for development is not platted as defined in this Chapter, does not qualify as a minor plat, and will be
platted in more than one phase. The purpose of the Preliminary Plat procedure is to allow a subdivider to
submit an abbreviated subdivision proposal for approval to determine the feasibility of developing a parcel
of land before proceeding to the final platting process where the development will involve more than one
phase of construction.
B. Platting all Land in Common Ownership – The Preliminary Plat shall include all contiguous holdings of the
owner, including land in “common ownership” as defined in this Chapter, with an indication of the portion
which is proposed for subdivision.
C. Phasing of Preliminary Plat Phasings – In the event that the property indicated is to be final platted in
phases, Tthe Preliminary Plat shall clearly indicate the parcels of land to be included in the phasing.
Subsequently, Final Plats shall generally comply with the phasing lines indicated on the Preliminary Plat.
Significant departure from the phase lines indicated on the Preliminary Plat shall require an amendment
to the Preliminary Plat prior to further final platting of property.
D. Effect of Approval – Upon approval of the Preliminary Plat, a copy of the approved Preliminary Plat shall
be signed by the Administrative Official and kept for public record. Said approved Preliminary Plat shall
reflect any and all revisions to the original submitted Preliminary Plat as was directed by the Planning and
Zoning Commission and/or City Council which were made a condition of approval. Approval of the
Preliminary Plat shall not constitute final acceptance or approval of the subdivision nor shall the approval
of the Preliminary Plat confer any vesting rights in the arrangement of lots, streets and other features on
the Final Plat. Approval of the Preliminary Plat shall constitute authority to proceed with the Final Plat
process as described in this Chapter.
E. Expiration of Approval – Approval of a Preliminary Plat shall expire after twelve (12) months from the date
of approval, unless a Final Plat is submitted for all or part of the area that has received Preliminary Plat
approval. The approving body may approve a time extension upon written request from the developer or
may waive the twelve month termination period when the Final Plat is determined to be consistent with
the approved Preliminary Plat and no additional standards have been adopted by the City.
F. Re-submittal of Preliminary Plat – When a Preliminary Plat is disapproved, the subdivider, at any time
thereafter, may submit a new design for approval, following the same procedures as required for the
original application, including the payment of application fees.
G. Preliminary Plat Exhibits – The subdivider shall file an application for approval of a Preliminary Plat with
the Administrative Official responsible for subdivision review, which shall contain the following exhibits to
be considered complete:
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 8
1. Preliminary Plat Application – The application shall be on forms furnished by the Administrative
Official. If the applicant is not the official owner of record, written authorization from the property
owner is required.
2. Preliminary Plat Drawing – The plat drawing shall contain the information listed in Section 8 - 18065
Required Plat Information, where applicable.
3. Preliminary Drainage Information – The subdivider shall submit a Preliminary Drainage Analysis to
determine the need for drainage facilities, unless the Director of Public Works has determined that a
Preliminary Drainage Analysis is not necessary at time of platting. The Preliminary Drainage Analysis
shall be prepared in accordance with the drainage analysis requirements contained in Chapter 14 –
Engineering Design Standards of this Land Development Code.
4. Preliminary Utility Plan – The subdivider shall submit preliminary construction drawings which shall
indicate the general location and approximate sizes of all existing and proposed public utilities, unless
the Director of Public Works has determined that no public utility improvements are necessary. The
size of all proposed water and sewer lines shall be determined using the design criteria contained in
Chapter 14 – Engineering Design Standards of this Land Development Code.
5. Tree Survey – Where a subdivision plat indicates a proposed public street, the subdivider shall submit
a tree survey or an aerial photograph indicating the general coverage of trees.
6. Nuisance Compliance Certification – The Code Enforcement Officer shall provide certification
indicating the status of the property regarding public nuisances and outstanding liens payable to the
City of Colleyville.
7. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to
the Administrative Official.
H. Grading Site Prior to Final Approval – Following Preliminary Plat approval, the developer may apply for an
earthwork permit and upon approval of said permit may commence construction to the grades and
elevations required by the Preliminary Plat.
Section 8 – 145 Final Plats
A. Final Plat Classification – Approval of a Final Plat is the second step in the process for approval of a
subdivision plat. The Final Plat procedure shall be used when the property proposed for development
has been previously approved as a Preliminary Plat, was not submitted as a Combination
Preliminary/Final Plat and conforms to the requirements of this Chapter. The purpose of the Final Plat
procedure is to allow a subdivider to submit for approval all the documents necessary to fully develop the
subdivision.
1. Minor Plats: A Minor Plat submittal shall be used when the property proposed for development is not
platted, contains four (4) or fewer lots and will not create a new street. A Minor Plat is intended to
allow a subdivider to combine the Preliminary and Final Plat procedures and thereby expedite the
review and approval of a small subdivision where no new public street is created. Where applicable,
the Minor Plat submittal shall contain the same exhibits as a Final Plat submittal.
2. Replats: A Replat submittal shall be used when a previously platted property is proposed for
redevelopment. A Replat may include an additional parcel of un-platted property when the size of
the un-platted portion does not dictate the submittal of a Preliminary Plat. The Administrative Official
responsible for subdivision review shall review each Replat application and determine whether or the
not the size of the un-platted portion of the proposed development warrants the submittal of a
Preliminary Plat. Where applicable, the Replat submittal shall contain the same exhibits as a Final
Plat submittal.
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 9
3. Additional Criteria for Replats: The following additional criteria for approval shall apply in the re-
subdivision of an existing plat, without vacating the immediate previous plat:
a. A public hearing shall be required on the Replat at which interested parties and citizens have an
opportunity to be heard.
b. If any of the proposed area to be re-subdivided or re-platted, within the immediate preceding five
years, was limited by any interim or permanent zoning classification to residential use for not
more than two residential units per lot, or if any lot in the immediate previous subdivision was
limited by deed restriction to residential use for not more than two residential units per lot, notice
of the public hearing shall be given in advance in the following manner:
i. Publication at least 15 days before the date of the hearing in a newspaper of general
circulation in the City.
ii. A written notice of the public hearing shall be forwarded no less than fifteen (15) days prior to
the day of the hearing to the owners (as the ownership appears on the last approved ad
valorem tax roll) of all lots in the immediate preceding plat that are within 200 feet of the lots
to be re-platted. The notice may be served by depositing it properly addressed and postage
paid, in the United States post office.
c. If the proposed replat requires a waiver of a requirement and is protested in accordance with this
section, the proposed replat must receive, in order to be approved, the affirmative vote of at least
three-fourths of the members present of the Planning and Zoning Commission and/or City
Council. For a legal protest, written instruments signed by the owners of at least 20 percent of
the area of the lots or land immediately adjoining the area covered by the proposed replat and
extending 200 feet from that area, but within the original subdivision, must be filed with the
Planning and Zoning Commission and City Council prior to the closing of the public hearing. In
computing the percentage of land area, the area of streets and alleys shall be included.
4. Compliance with paragraphs (2) & (3) is not required for approval of a replat or a portion of a prior plat
if the area to be re-platted was designated or reserved for other than single or duplex family
residential use by notation on the last legally recorded plat or in the legally recorded restrictions
applicable to the plat.
B. Final Plat Prerequisites – Unless exempt from the requirements of Preliminary Plat approval, no Final Plat
shall be placed on the agenda for action by the approving body until a Preliminary Plat of a subdivision
has been previously approved in accordance with this Chapter. Upon approval of a Preliminary Plat, a
subdivider may file an application for approval of a Final Plat. The Final Plat shall conform to the
Preliminary Plat as approved and incorporate any and all changes, modifications, corrections and
conditions imposed by the prior approval. A Final Plat will not be presented to the approving body for
consideration, which fails to incorporate the recommendations of the Preliminary Plat approval.
C. Final Plat Exhibits – The subdivider shall file an application for approval of a Final Plat with the
Administrative Official responsible for subdivision review, which shall contain the following exhibits to be
considered complete:
1. Final Plat Application – The application shall be on forms furnished by the Administrative Official
responsible for subdivision review. If the applicant is not the official owner of record, written
authorization from the property owner is required.
2. Final Plat Drawing – The plat drawing shall contain the information contained in Section 8 - 18065
Required Plat Information of this Land Development Code.
3. Drainage Information – The subdivider should discuss with the Director of Public Works the need to
submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related
improvements are required, the applicant shall submit a Drainage Study with supporting
documentation which shall conform to the technical specifications contained in Chapter 14 –
Engineering Design Standards of this Land Development Code.
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 10
4. Construction Drawings – When the proposed development requires the construction of public
improvements, the applicant shall submit construction plans with the Final Plat. The construction
drawings shall conform to the technical specifications contained in Chapter 14 – Engineering Design
Standards of this Land Development Code and shall be prepared and sealed by a Registered
Professional Engineer, licensed to practice in the State of Texas.
5. Tree Survey – Where a subdivision plat indicates a proposed public street, the subdivider shall submit
a tree survey or an aerial photograph indicating the general coverage of trees. These documents are
not necessary if they have been submitted with the Preliminary Plat.
6. Nuisance Compliance Certification – The Code Enforcement Officer shall provide certification
indicating the status of the property regarding public nuisances and outstanding liens payable to the
City of Colleyville.
7. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to
the Administrative Official.
Section 8 – 150 Combination Preliminary/Final Plat
A. Combination Preliminary/Final Plat Classification – Approval of a Combination Preliminary/Final Plat may
occur when a plat is submitted that involves more than four lots and will include a new street but will not
be phased but, instead, will be developed in a single phase. The purpose of the Combination
Preliminary/Final Plat procedure is to allow a subdivider to submit for approval all the documents
necessary to fully develop the subdivision in a single application.
B. Combination Preliminary/Final Plat Exhibits – The subdivider shall file an application for approval of a
Combination Preliminary/Final Plat with the Administrative Official responsible for subdivision review,
which shall contain the following exhibits to be considered complete:
1. Combination Preliminary/Final Plat Application – The application shall be on forms furnished by the
Administrative Official responsible for subdivision review. If the applicant is not the official owner of
record, written authorization from the property owner is required.
2. Plat Drawing – The plat drawing shall contain the information contained in Section 8 - 180 Required
Plat Information of this Land Development Code.
3. Drainage Information – The subdivider should discuss with the Director of Public Works the need to
submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related
improvements are required, the applicant shall submit a Drainage Study with supporting
documentation which shall conform to the technical specifications contained in Chapter 14 –
Engineering Design Standards of this Land Development Code.
4. Construction Drawings – When the proposed development requires the construction of public
improvements, the applicant shall submit construction plans with the Combination Preliminary/Final
Plat. The construction drawings shall conform to the technical specifications contained in Chapter 14
– Engineering Design Standards of this Land Development Code and shall be prepared and sealed
by a Registered Professional Engineer, licensed to practice in the State of Texas.
5. Tree Survey – Where a subdivision plat indicates a proposed public street, the subdivider shall submit
a tree survey or an aerial photograph indicating the general coverage of trees.
6. Nuisance Compliance Certification – The Code Enforcement Officer shall provide certification
indicating the status of the property regarding public nuisances and outstanding liens payable to the
City of Colleyville.
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 11
7. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to
the Administrative Official. The fee for a Combination Preliminary/Final Plat shall be the same as the
fee for a Final Plat.
Section 8 – 155 Minor Plats
A. Minor Plats: A Minor Plat submittal shall be used when the property proposed for development is not
platted, contains four (4) or fewer lots and will not create a new street. A Minor Plat is intended to allow a
subdivider to combine the Preliminary and Final Plat procedures and thereby expedite the review and
approval of a small subdivision where no new public street is created. Where applicable, the Minor Plat
submittal shall contain the same exhibits as a Final Plat submittal.
B. Minor Plat Exhibits – The subdivider shall file an application for approval of a Minor Plat with the
Administrative Official responsible for subdivision review, which shall contain the following exhibits to be
considered complete:
1. Minor Plat Application – The application shall be on forms furnished by the Administrative Official
responsible for subdivision review. If the applicant is not the official owner of record, written
authorization from the property owner is required.
2. Plat Drawing – The plat drawing shall contain the information contained in Section 8 – 180 Required
Plat Information of this Land Development Code.
3. Drainage Information – The subdivider should discuss with the Director of Public Works the need to
submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related
improvements are required, the applicant shall submit a Drainage Study with supporting
documentation which shall conform to the technical specifications contained in Chapter 14 –
Engineering Design Standards of this Land Development Code.
4. Construction Drawings – When the proposed development requires the construction of public
improvements, the applicant shall submit construction plans with the Minor Plat. The construction
drawings shall conform to the technical specifications contained in Chapter 14 – Engineering Design
Standards of this Land Development Code and shall be prepared and sealed by a Registered
Professional Engineer, licensed to practice in the State of Texas.
5. Tree Survey – Where a subdivision plat indicates a proposed public street, the subdivider shall submit
a tree survey or an aerial photograph indicating the general coverage of trees.
6. Nuisance Compliance Certification – The Code Enforcement Officer shall provide certification
indicating the status of the property regarding public nuisances and outstanding liens payable to the
City of Colleyville.
7. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to
the Administrative Official.
Section 8 – 160 Replats
A. Replats: A Replat submittal shall be used when a previously platted property is proposed for
redevelopment. A Replat may include an additional parcel of un-platted property when the size of the
un-platted portion does not dictate the submittal of a Preliminary Plat. The Administrative Official
responsible for subdivision review shall review each Replat application and determine whether or the not
the size of the un-platted portion of the proposed development warrants the submittal of a Preliminary
Plat. Where applicable, the Replat submittal shall contain the same exhibits as a Final Plat submittal.
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 12
B. Additional Criteria for Replats: The following additional criteria for approval shall apply in the re-
subdivision of an existing plat, without vacating the immediate previous plat:
1. A public hearing shall be required on the Replat at which interested parties and citizens have an
opportunity to be heard.
2. If any of the proposed area to be re-subdivided or re-platted, within the immediate preceding five
years, was limited by any interim or permanent zoning classification to residential use for not
more than two residential units per lot, or if any lot in the immediate previous subdivision was
limited by deed restriction to residential use for not more than two residential units per lot, notice
of the public hearing shall be given in advance in the following manner:
a. Publication at least 15 days before the date of the hearing in a newspaper of general
circulation in the City.
b. A written notice of the public hearing shall be forwarded no less than fifteen (15) days prior to
the day of the hearing to the owners (as the ownership appears on the last approved ad
valorem tax roll) of all lots in the immediate preceding plat that are within 200 feet of the lots
to be re-platted. The notice may be served by depositing it properly addressed and postage
paid, in the United States post office.
3. If the proposed replat requires a waiver of a requirement and is protested in accordance with this
section, the proposed replat must receive, in order to be approved, the affirmative vote of at least
three-fourths of the members present of the Planning and Zoning Commission and/or City
Council. For a legal protest, written instruments signed by the owners of at least 20 percent of
the area of the lots or land immediately adjoining the area covered by the proposed replat and
extending 200 feet from that area, but within the original subdivision, must be filed with the
Planning and Zoning Commission and City Council prior to the closing of the public hearing. In
computing the percentage of land area, the area of streets and alleys shall be included.
C. Compliance with paragraphs (a) & (b) is not required for approval of a replat or a portion of a prior plat
if the area to be re-platted was designated or reserved for other than single or duplex family
residential use by notation on the last legally recorded plat or in the legally recorded restrictions
applicable to the plat.
D. Replat Exhibits – The subdivider shall file an application for approval of a replat with the
Administrative Official responsible for subdivision review, which shall contain the following exhibits to
be considered complete:
1. Replat Application – The application shall be on forms furnished by the Administrative Official
responsible for subdivision review. If the applicant is not the official owner of record, written
authorization from the property owner is required.
2. Plat Drawing – The plat drawing shall contain the information contained in Section 8 - 180
Required Plat Information of this Land Development Code.
3. Drainage Information – The subdivider should discuss with the Director of Public Works the need
to submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and
related improvements are required, the applicant shall submit a Drainage Study with supporting
documentation which shall conform to the technical specifications contained in Chapter 14 –
Engineering Design Standards of this Land Development Code.
4. Construction Drawings – When the proposed development requires the construction of public
improvements, the applicant shall submit construction plans with the Minor Plat. The construction
drawings shall conform to the technical specifications contained in Chapter 14 – Engineering
Design Standards of this Land Development Code and shall be prepared and sealed by a
Registered Professional Engineer, licensed to practice in the State of Texas.
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 13
5. Tree Survey – Where a subdivision plat indicates a proposed public street, the subdivider shall
submit a tree survey or an aerial photograph indicating the general coverage of trees.
6. Nuisance Compliance Certification – The Code Enforcement Officer shall provide certification
indicating the status of the property regarding public nuisances and outstanding liens payable to
the City of Colleyville.
7. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to
the Administrative Official.
Section 8 - 16550 Amending Plats
A. Amending Plat Classification – The Amending Plat procedure shall be used when making a minor change
to an existing subdivision. These changes must not be substantive, nor create any new lots. Notice,
public hearing, and the approval of other lot owners is not required for the approval of an Amending Plat.
B. Amending Plat Procedures – The City is authorized to approve an Amending Plat which is signed by the
property owners, and which is for one (1) or more of the purposes set forth in this Section, and such
approval shall not require notice, hearing or approval of other lot owners. Amending Plats in accordance
with the provisions of this Section shall be approved if the sole purpose of the Amending Plat is to:
1. Correct an error in any course or distance shown on the prior plat;
2. Add any course or distance that was omitted on the prior plat;
3. Correct an error in the description of the real property shown on the prior plat;
4. Indicate monuments set after death, disability or retirement from practice of the surveyor charged with
the responsibilities for setting monuments;
5. Show the proper location or character of any monument which has been changed in location or
character or which originally was shown at the wrong location or incorrectly as to its character on the
prior plat;
6. Correct any other type of scrivener or clerical error or omission as previously approved by the City;
such errors and omissions may include, but are not limited to, numbers, acreage, street names and
identification of adjacent recorded plats;
7. Correct an error in courses and distances of lot lines between two adjacent lots where both lot owners
join in the application for plat amendment, and neither lot is abolished; provided that such amendment
does not attempt to remove recorded covenants or restrictions and does not have a material adverse
effect on the property rights of the other owners in the plat;
8. Relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot
line or on an easement;
9. Relocate one or more lot lines between one or more adjacent lots where the owner or owners of all
such lots join in the application for the plat amendment, provided that such amendment does not:
a. Attempt to remove recorded covenants or restrictions; or
b. Increase the number of lots; or
c. Remove or otherwise abandon any easement or right-of-way.
10. To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or part
of the subdivision covered by the preceding plat if;
a. the changes do not affect applicable zoning and other regulations of the municipality;
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 14
b. the changes do not attempt to amend or remove any covenants or restrictions; and
c. the area covered by the changes is located in an area that the municipal planning commission or
other appropriate governing body of the municipality has approved, after a public hearing, as a
residential improvement area; or
11. To replat one or more lots fronting on an existing street if:
a. the owners of those lots join in the application for amending the plat;
b. the amendment does not attempt to remove recorded covenants or restrictions;
c. the amendment does not create or require creation of a new street or make necessary the
extension of municipal facilities.
C. Amending Plat Exhibits – The subdivider shall file an application for approval of an Amending Plat with
the Administrative Official responsible for subdivision review, which shall contain the following exhibits to
be considered complete:
1. Amending Plat Application – The application shall be on forms furnished by the Administrative Official
responsible for subdivision review. If the applicant is not the official owner of record, written
authorization from the property owner is required.
2. Amending Plat Drawing – The plat drawing plat contain the information contained in Section 8 - 165
Required Plat Information of this Land Development Code, where applicable.
3. Drainage Information – As determined by the Director of Public Works, the developer shall submit a
Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related
improvements are required, the applicant shall submit a Drainage Study with supporting
documentation which shall conform to the technical specifications contained in Chapter 14 –
Engineering Design Standards of this Land Development Code
4. Construction Drawings – When the proposed development requires the construction of public
improvements, the applicant shall submit construction plans with the plat. The construction drawings
shall conform to the technical specifications contained in Chapter 14 – Engineering Design Standards
of this Land Development Code and shall be prepared and sealed by a Registered Professional
Engineer, licensed to practice in the State of Texas.
5. Nuisance Compliance Certification – The Code Enforcement Officer shall provide certification
indicating the status of the property regarding public nuisances.
6. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to
the Administrative Official.
Section 8 - 17055 Official Plat Recording
A. Required Filing Documents – No subdivision plat shall be filed of record with the Tarrant County Clerk’s
Office unless the following are complete:
1. The plat has been drawn on mylar reproducible film or other permanent material, contains all required
signatures, including the signature of the Planning and Zoning Commission Chairman, and/or the
Mayor, or City staff, as applicable; and
2. All applicable fees have been received.
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 15
B. Construction Prior to Official Filing – No construction of public improvements shall be allowed and no
permits for building construction shall be approved until the subdivision plat has been filed of record with
the Tarrant County Clerk’s Office.
C. Maximum Approval Period – The approval of a subdivision plat shall expire one-hundred and eighty (180)
days from the date of approval by the approving body, unless the subdivision plat has been filed of record
with as provided in this Section.
D. Re-approval Required – No subdivision plat shall be filed of record with the Tarrant County Clerk’s Office
where the approval time period has expired, unless the approving body has approved a re-submittal of
the plat application and payment of plat application fee.
Section 8 - 17560 Vacation of Plats
A plat may be vacated by the owners of the land covered by the plat at any time before a lot in the plat is sold.
If lots have been sold, the plat or any part of the plat may be vacated upon the application of all the owners of
lots in the plat and with the approval of the City obtained in the manner prescribed for the original plat.
Section 8 - 18065 Required Plat Information
The applicant requesting subdivision plat approval shall submit the required number of copies of a plat
drawing as determined by the Administrative Official and which complies with this Section.
1. All plat drawings shall contain the following information where applicable:
a. Owner / Subdivider - The names and addresses of the subdivider and the current owner of record.
b. Surveyor Name - The name, address and telephone number of the surveyor responsible for the plat
which shall contain the seal of a Texas Registered Professional Land Surveyor.
c. Subdivision Name - If the land to be platted is situated within or adjacent to an existing subdivision,
that plat may take the name of the existing subdivision, subject to the approval of the City. The name
of the proposed subdivision shall be clearly shown with large letters and shall not be a duplication of
any existing subdivision name, whether by spelling or pronunciation, or similar to any other
subdivision within the City. The plat drawing shall indicate whether the plat is a Preliminary Plat, Final
Plat, Replat, or Amending Plat.
d. Location Map - A location map showing the tract by reference to streets or highways.
e. Date - The date the plat was prepared.
f. Scale & North Arrow - The plat shall be prepared at a numerical scale no greater than one (1) inch
equals one hundred (100) feet unless approved by the Administrative Official responsible for
subdivision review. A graphic scale symbol shall be placed on the drawing with a north arrow
indicating the approximate true north.
g. Subdivision Boundary Lines - The subdivision boundary lines shall be shown in heavy lines so as to
provide a differentiation with the internal features of the area being proposed for platting. The
location and dimensions of all boundary lines of the property shall be expressed to the nearest
hundredth foot.
h. Metes and Bounds Description - A written metes and bounds description of the property shall be
shown on the plat and be capable of reproducing such lines upon the ground with a closure error of
less than 1:25,000. The legal description shall include reference to an original survey, subdivision
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 16
corner, or the Texas Coordinate System of 1983, North Central Zone. The legal description shall
include the acreage of the total area of the proposed subdivision and be consistent with the
subdivision boundary. The legal description shall contain information to show the last instrument
conveying title to each parcel of property involved in the proposed subdivision, giving grantor,
grantee, date, and land records reference.
i. Adjacent Properties - All property lines, streets and easements on lands immediately adjacent to and
contiguous with the perimeter of the proposed subdivision and extending one hundred (100) feet shall
be shown with the names of the owners as shown on the most current Tax Assessor's files; if the
adjacent properties are platted, the names of adjoining subdivisions and the names of adjoining
streets are to be shown.
j. Street Rights-of-Way - The width of all public street rights-of-way shall be shown on the plat. The
general location and width shall be consistent with the Master Thoroughfare Plan. Dimensions shall
be shown for all curves. The distance from the centerline of any existing roadway of a boundary
street to the proposed subdivision shall be shown to determine the adequacy of right-of-way along the
route and to determine if additional right-of-way is necessary to accommodate the proposed street.
k. Permanent Structures - The location and general outline of any existing permanent structures with
sufficient dimensions to determine building line encroachments. Any permanent structures which
encroach any building set-back lines that will remain after completion of the development shall be
shown on the drawing with appropriate dimensions.
l. Building Set-back Lines - Front building set-back lines shall be indicated by dashed lines on all lots in
accordance with the requirements of the applicable zoning district. Side yard building set-back lines
shall be indicated by dashed lines on the side yards of lots with side street frontage. Additional
building set-back may be required by the City. Existing building set-back lines on adjacent properties
shall be shown, where applicable.
m. City Limit Lines - The general location of the city limit boundaries of the City of Colleyville and any
adjacent city shall be shown on the plat and referenced per city maps, only.
n. Easements - The location and dimension of all existing or proposed easements shall be shown on the
plat drawing indicating whether such easement is for any specific purpose. General easements for
the use of public utilities of not less than seven and one-half (7.5') feet in width shall be provided
along each side of all rear property lines. If necessary for the extension of water or sewer mains,
storm drainage or other utilities, easements of greater width shall be required along lot lines or across
large lots. In all cases, easements shall connect with easements already established on adjoining
properties or extend to connect with a public right-of-way. No lot shall be shown with an easement
which prevents proper development and full utilization of the lot as a suitable building site for the
intended zoning district.
o. Lot and Block Numbering - All lots and blocks shall be consecutively numbered, or lettered in
alphabetical order. The blocks in subdivisions bearing the same name shall be numbered or lettered
consecutively through the several sections or phases. Lettering for blocks shall be larger and bolder
than lot numbers or circled to make identification clear. Any lot or block which is planned as an ‘out-
parcel’ shall be numbered and designated on the plat with notation regarding any development
restrictions.
p. Sheet Size - Map sheets shall be of such size as are acceptable for filing in the Tarrant County
Clerk’s Office, and shall not exceed twenty-four by thirty-six (24"x 36") inches, but may be eighteen
by twenty-four (18" x 24") inches, with a binding margin of not less than one and one-half inches on
the left side of the sheets. Sheets shall be numbered in sequence if more than one (1) sheet is used
and an index sheet provided with match lines.
q. Plat Notes and Conditions - When appropriate, the plat shall contain a listing of any Plat Notes and
Plat Conditions in a readily identifiable location with each note numbered consecutively.
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 17
r. Public Use Areas - The location and dimensions of all property proposed to be set aside for public
use or common reservation shall be shown on the plat drawing, with designation of the purpose
thereof, and conditions, if any, of the dedication or reservation.
s. Street Names - All street names shall be shown on the plat. New street names shall be sufficiently
different in sound and in spelling from other street names in the city to avoid confusion. The
continuation of an existing street shall bear the same name.
t. Phasing of Plats -– For Preliminary plats, tThe plat drawing shall indicate any phasing of the
proposed subdivision. Thereafter, plats of subsequent phases shall conform to the approved overall
layout and phasing, unless a revised Preliminary Plat is submitted and approved in accordance with
this Chapter. However, a subsequent reduction of a phase may be considered provided that it
conforms to the original street arrangement.
u. Lot Dimensions - The approximate dimensions of all lots shall be shown on a Preliminary Plat and the
exact dimension shown on all other plats with accuracy to one-hundredth’s of one foot. The
dimensions shall be sufficient to verify compliance with the minimum requirements of the applicable
zoning district.
v. Flood Plain Features - The location of the 100-year flood limits, if applicable, shall be shown on the
plat and contained within a drainage easement. If the subdivision, or a portion thereof, is located in
the 100 year flood-prone area, the developer will be required to comply with the Flood Damage
Prevention Ordinance.
w. Irregular Side Lot Lines - Side lot lines which are not perpendicular to the street right-of-way shall be
indicated with bearing and distance.
x. Lot Areas - The area for each lot expressed in square feet shall be shown on the plat.
y. Survey Notes - The Final Plat shall be accompanied by one (1) set of surveyor's closure notes for the
boundary of the subdivision. The notes shall be referenced in the same manner as the plat.
z. Certification Blocks – All plats shall contain the appropriate certification blocks which shall be similar
to those shown.
Planning and Zoning Commission Approval
WHEREAS The Planning and Zoning Commission of the City of Colleyville, Texas voted affirmatively on this _______ day of
____________________________________, 20__, to approve this Plat.
____________________________________
Chairman, Planning and Zoning Commission
_____________________________________
Attest: Secretary, Planning and Zoning Commission
City Council Approval
Whereas the City Council of the City of Colleyville, Texas voted affirmatively on this ____________ day of
______________________________________, 20__, to approve of this Plat.
________________________________________________
Mayor, City of Colleyville
________________________________________________
Attest: City Secretary
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 18
Staff Approval Authority
This amending or minor plat is approved in accordance with Section 212.0065 of the
Texas Local Government Code and the City of Colleyville Subdivision Regulations
_______________
Date
_____________________________________________
Community Development DirectorManager
_____________________________________________
Director of Public Services
Surveyor’s Certification
KNOW ALL MEN BY THESE PRESENTS:
That I, ________________________________________________________, a Registered Professional Land
Surveyor licensed in the State of Texas, do hereby certify that this Plat is true and correct and was prepared
from an actual survey made under my supervision on the ground. Further, this survey conforms to the general
rules of procedures and practices of the most current Professional Land Surveying Practices Act.
_______________________________________________ __________________
Signature Date
(Affix Seal)
Dedication Certificate
WHEREAS, (owners name), are the owners of a tract of land situated in the (name) Survey, Abstract N. (#), Tarrant County, Texas,
and being out of a (#) acre tract conveyed to them by (deed reference), and being more particularly described as follows:
(metes and bounds description)
NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That We, (names), Owners, do hereby adopt this plat designating the hereinbefore described property as (subdivision name), and
addition to the City of Colleyville, Tarrant County, Texas, and do hereby dedicate fee simple to the public use forever all streets,
rights-of-way, and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use and
accommodation of all public utilities desiring to use or using the same. Any public utility shall have the right to remove and keep
removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere
with the construction , maintenance or efficiency of its respective systems on any of these easements, and any public utility shall at all
times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing, reconstructing,
inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all
platting ordinances, rules, regulations, and resolutions of the City of Colleyville, Texas.
Witness our hands this _________________________ day of _________________, 20_____.
_____________________________________________________________
Owners Name
STATE OF TEXAS }{
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 19
COUNTY OF TARRANT }{
Before me, the undersigned Notary Public in and for said county and State on this day personally appeared
__________________________, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purpose and considerations therein expressed, and in the capacity therein
stated.
Given under my hand and seal of office this _______ day of ______________________________, 20____.
_____________________________________
Notary Public in and for Tarrant County
(affix seal) _____________________________________
My printed name
_____________________________________
My commission expires:
Section 8 – 18570 Easement and Right-of-Way Encroachments
(Ord. O-01-1280 / 08/08/01)
No building permit shall be issued for any structure that encroaches into or over a public drainage and/or
utility easement or public right-of-way, unless an easement encroachment and joint use agreement has been
approved in accordance with the procedures contained in this Section.
1. The applicant must submit a written application on forms furnished by the City, together with the
appropriate filing fee, stating the reason for the proposed encroachment. Said application must
contain the signature of the property owner or legal agent of the property owner where the
encroachment is proposed or of the property that is adjacent to the right-of-way where the
encroachment and joint use is proposed.
2. The applicant must provide a metes and bounds description indicating the exact location of the
encroachment and a plot plan showing the nature of the improvements proposed within the
encroachment area.
3. The application must include written documentation signed by all public utility companies, including
the City of Colleyville Public WorksEngineering Department, indicating their consent to the
encroachment and joint use of the easement or right-of-way. All public utility companies must
approve the encroachment request before any consideration is given by the City of Colleyville.
4. No notification of adjacent properties is required unless, the City Manager, or designated official,
determines that the encroachment or joint use has a direct impact on the adjacent properties.
5. An application requesting an easement encroachment may be approved by the City Manager or other
designated official. Applications requesting a right-of-way encroachment require approval by the City
Council.
6. Upon approval of the request, documents shall be filed in the Tarrant County Deed Records.
7. The application fee shall be set by separate ordinance approved by the City Council.
Section 8 – 19075 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number Date Subject
Proposed Amendments to Chapter 8
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 20
O-00-1261 12/19/00 Incomplete Submittals / DRC Review
O-01-1280 08/08/01 Easement & right-of-way encroachments
O-06-1566 02/21/06 Comprehensive Chapter Revisions
O-13-XXXX 01/21/2014 Revisions to Approval Authority and Plat Classifications
Proposed Amendments to Chapter 8
Pr
o
p
o
s
e
d
S
u
b
d
i
v
i
s
i
o
n
P
l
a
t
A
p
p
r
o
v
a
l
A
u
t
h
o
r
i
t
y
T
a
b
l
e
CITY OF COLLEYVILLE
SUBDIVISION PROCESS BENCHMARK SURVEY 2013 LEGEND • = YES
• = NO
CITY
Type of Plat Preliminary Final Minor Amending Replat
Staff •••••
P & Z •••••
City Council ••••• (If more than 4 lots, or if appealed)
Process Comparison to Benchmark Cities
Preliminary Same approving bodies in Grapevine, Hurst, and Southlake only
Final Same approving bodies in Grapevine and North Richland Hills only
Minor Unique to Colleyville
Amending Same approving bodies in Bedford, Euless (For a Minor Amending Plat and Corrected Plat), Grapevine, Keller,
North Richland Hills and Southlake
Replat Same approving bodies in Bedford*, Euless, Grapevine**, North Richland Hills***, and Southlake****
* Four (4) or more lots and any municipal facilities requires P&Z Approval; Less than 4 lots requires staff approval only.
** Replats in Colleyville are only required to go to City Council if more than 4 lots or under appeal. Grapevine
passes through P&Z and City Council on the same night.
COLLEYVILLE
Comparison of Plat Requirements for Cities that Surround Colleyville
***Replats are required to go to City Council
****Replats are required to go to City Council
**Bedford, Euless, and Keller do not require any platting process to be heard at City Council**
Definitions (Unless otherwise noted):
Preliminary Plat - A plat showing the proposed arrangement of streets, lots, easements, and other public spaces in the
subdivision
Final Plat - A plat prepared according to the provisions of this Land Development Code, and containing all engineering
legal data, dedications, and certificates necessary to the recording of same in the maps and plats records of the county.
Minor Plat - A subdivision of not more than four (4) lots, which fronts on an existing street and does not require the creation
of any new street or the extension of municipal facilities, which allows a short form process that eliminates the need for
a preliminary plat.
Amending Plat - A minor change of an existing subdivision to a lot line or correction of an error such
that the changes are not substantive, and no new lots are created.
Replat - A plat that is different from, and is intended for, the replacement of an existing recorded
plat or parts thereof.
CITY
Type of Plat Preliminary Final Replat:
Final 4 or More Lots Less than 4 Lots Amending
Staff ••••••
P & Z ••••••
City Council ••••••
Definition:
Short Form
Final
BEDFORD
Comparison of Plat Requirements for Cities that Surround Colleyville
Short Form Final - For properties located in certain zoning districts; Must not propose any vacation of public rights of way or
easements; The extension of public facilities or drainage improvements must not be required for utilization of the property,
except for minor extensions of existing water and sewer lines.
Amending - Same as Colleyville.
CITY
Preliminary Final Conveyance Major Amending Minor Amending Replat Corrected
Plat Plat Plat
Staff •••••••
P & Z ••••• (If needed)••
City Council •••••••
Definitions:
Conveyance Plat - May be used in lieu of a final plat to record the subdivision of property provided that no single lot
created is less than five (5) acres and is not intended for immediate development.
Minor Amending Plat - The adjustment of street and alley alignments, lengths, and paving details; the addition or deletion of
lots within 10 percent of the approved number and the adjustment of lot lines.
Major Amending Plat - Addition or deletion of more than 10 percent of the approved number of lots
Corrected Plat - See definition of Colleyville's "Amending Plat".
CITY
Type of Plat Preliminary Final Replat Amending
Staff ••••
P & Z **••••
City Council **••••
Type of Plat
GRAPEVINE
EULESS
** P&Z and City Council meetings are held jointly
Comparison of Plat Requirements for Cities that Surround Colleyville
Definitions: Same as Colleyville
CITY
Type of Plat Preliminary Short Form Final
Staff •••
P & Z •••
City Council •••
Definition:
Short Form Final - Property meeting certain conditions may be approved on final plat without the necessity of a
preliminary plat. See section 21-6 of the City of Hurst Land Development Code for specifics.
CITY
Type of Plat Preliminary Minor Sub.Major Sub.Amending Replat:
Staff •••••
P & Z •••••, • (As needed)
City Council •••••
Definitions:
Minor Subdivision Final Plat - See "Minor Plat" definition for City of Colleyville
Major Subdivision Final Plat - Involves the creation of new streets, the extension of municipal facilities or
the creation of four (4) or more lots. Preliminary plat required.
Amending Plat - Same as Colleyville
KELLER
HURST
Comparison of Plat Requirements for Cities that Surround Colleyville
Replat - Same as Colleyville
CITY
Preliminary Final Short Form Replat Amending
Final
Staff •••••
P & Z •••••process
City Council •••••
Definition:
Short Form Final - See City of Hurst above
Replat - Same as Colleyville
Amending Plat - Same as Colleyville
CITY
Preliminary Final Plat Showing:Amending Replat
Single Lot Multi-lot (Plat Revision)
Staff ••••••
P & Z ••••••
City Council ••••••
Definitions:
Plat Showing - When a tract or parcel of land has not been previously platted and recorded, the subdivider may elect
to combine the Preliminary Plat and Final Plats and submit a Plat Showing whenever the tract of land contains
less than 10 acres and involves four (4) or less lots and is to be subdivided without change of street location
SOUTHLAKE
NORTH RICHLAND HILLS**
**No staff approvals with any plat
Comparison of Plat Requirements for Cities that Surround Colleyville
or without substantial effect on City services, drainage, or adjacent properties. A subdivision involving more than
four (4) lots or which contains 10 or more acres of land can be considered as a Plat Showing by the Planning Director on
a case by case basis.
Amending Plat - Same as Colleyville
Replat - Same as Colleyville
Comparison of Plat Requirements for Cities that Surround Colleyville
ORDINANCE O-14-1906
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 8-PLAT REVIEW PROCEDURES 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 Chapter 8-Plat Review
Procedures of the Land Development Code in its entirety in
order to amend approval authority for plats and provide
general updates; and
WHEREAS, notice of a public hearing before the City Council was published
in a newspaper of general circulation in Colleyville at least 15
days before such hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT Chapter 8-Plat Review Procedures of the Land Development
Code, is hereby amended in its entirety to read as depicted in the
attached Exhibit “A”.
Sec. 2. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance of
the City of Colleyville, and upon conviction shall be punishable by
a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense.
Sec. 3. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Ordinance O-14-1906
Page 2 of 2
Sec. 4. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 5. THAT this ordinance shall take effect immediately from and after
its passage.
Sec. 6. THAT all other provisions of the Land Development Code shall
remain in full force and effect, except as amended herein.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 7th day of
January 2014.
The second reading and public hearing being conducted on the 21st day of
January 2014.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the _________ day of ________________________ 2014.
ATTEST: CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 1
Chapter 8
Plat Review Procedures
(Rev. 01/21/2014)
Section 8 – 100 Purpose of This Chapter
The purpose of this Chapter is to establish regulations which describe the process for the review and approval
of subdivision plats, but more specifically to:
A. provide for the safe, orderly, and healthful development of the area within the city and within the area
surrounding the city and to promote the health, safety, and general welfare of the community;
B. encourage the orderly development of the city through appropriate growth management techniques
assuring the timing and sequencing of development, promoting in-fill development in existing
neighborhoods and nonresidential areas with adequate public facilities, to assure proper urban form and
open space separation of urban areas;
C. encourage appropriate protection to environmentally sensitive areas;
D. ensure that public facilities and services are available; and
E. establish procedures for the review and approval of subdivision plats.
Section 8 – 105 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the authority of the following:
A. Chapter 212 – Municipal Regulation of Subdivisions and Property Development of the Texas Local
Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of
land within the municipality’s jurisdiction.
B. Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which authorizes a
municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or
the trade and commerce of the municipality.
C. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers
granted to municipalities by the Constitution and laws of the State of Texas.
Section 8 – 110 Variances and Appeals
Any person seeking approval of a development as required by this Land Development Code may request a
variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by
submitting a request using the procedures described in Chapter 1 – General Provisions of this Land
Development Code.
Section 8 – 115 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 – Definitions of this Land Development
Code.
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 2
Section 8 – 120 Plat Approval Required
It shall be unlawful for a person, firm or corporation owning a tract of land located within the corporate limits of
the City of Colleyville, Texas, or extraterritorial jurisdiction, to hereafter divide the same tract of land into two
or more parts, to lay out a subdivision, to lay out a building lot, or to lay out a street, alley, square, park, or
other parts of the tract intended to be dedicated to public use, or for the use of purchasers or owners of lots
fronting on or adjacent to the streets, alleys, squares, parks, or other parts for purpose of development
without having a plat of the subdivision prepared and approved in accordance with this Chapter. A division of
a tract includes a division regardless of whether it is made by using a metes and bounds description in a deed
of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or
by using any other method for purpose of development. A division of land under these regulations does not
include a division of land into parts greater than five acres, where each part has access and no public
improvement is being dedicated. The provisions of this Chapter shall apply to any development which is
intended as a single lot, tract or parcel where a primary structure will be located. Furthermore, the following
shall be applicable to all subdivisions of land:
A. It shall be the policy of the City of Colleyville to consider the subdivision of land and the subsequent
development of the subdivided land as subject to the control of the City pursuant to the Colleyville
Comprehensive Plan for the orderly, planned, efficient, and economical development of the City.
B. The City has no obligation to extend water or sewer service to any lot, tract or parcel or land sold or
created in violation of this Chapter.
C. All plats and subdivisions shall conform to the rules and regulations set forth herein.
D. This Chapter is not intended to repeal, abrogate, or impair any existing plans or ordinances. However,
where the provisions of this Chapter and other ordinances or plans conflict or overlap, the most restrictive
provisions thereof shall apply.
E. The provisions contained in this Chapter, shall be considered as the minimum requirements for review
and approval of a subdivision plat.
Section 8 – 125 Plat Required for Building Permit
No building permit shall be approved for any lot, tract or parcel of land unless and until a plat has been
approved in accordance with this Land Development Code, except as provided as follows:
A. Residential Structures - A building permit for an addition to, or renovation of, an existing residential
structure may be issued on an un-platted lot, provided the value of such proposed construction, including
the cumulative value of any proposed and all previously permitted building permits on the primary
structure, does not exceed fifty (50%) percent of the value of the existing structure, excluding the value of
the land, as shown on the most current tax roll. Building permits as used herein do not include electrical,
plumbing or similar non-construction activities.
B. Non-residential Structures - A building permit for an addition to, or renovation of, an existing non-
residential structure may be issued on an un-platted lot, provided the value of such proposed
construction, including the cumulative value of any proposed and all previously permitted building permits
on the primary structure, does not exceed fifty (50%) percent of the value of the existing structure,
excluding the value of the land, as shown on the most current tax roll. Building permits as used herein do
not include electrical, plumbing or similar non-construction activities.
C. Platting Exemption for Certain Accessory Buildings - A building permit for an accessory structure may be
issued on an un-platted lot in the Agricultural District.
D. Public Facilities Available - No building permit for a primary building will be issued until all public facilities
have been installed and have been approved and accepted by the City or provision, acceptable to the
City, has been made by the developer for such public facilities.
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 3
Section 8 – 130 Approval Authority Over Subdivision Plats
A. Approval of Plats Required –The approving body for all subdivision plats shall be in accordance with the
following table:
Approving Body Responsible for Approving Plats
Classification of Plat Staff P&Z Council
Combination Preliminary/Final Plat no yes no
Preliminary Plats
no
yes
no
Final Plats
no
yes
no
Minor Plats
yes
no *
no
Replat no yes no
Amending Plats yes no * no
* The Planning and Zoning Commission shall have the authority to approve a Minor Plat and an
Amending Plat which has not been approved by City Staff.
B. Preliminary, Final or Combination Preliminary/Final Plat Approval by the Planning and Zoning
Commission - The Planning and Zoning Commission shall approve or disapprove a Preliminary, Final or
Combination Preliminary/Final Plat. If the application includes a request for a waiver or modification of a
platting regulation, the City Council must also approve the request.
C. Replat Approval by the Planning and Zoning Commission - The Planning and Zoning Commission shall
approve or disapprove a Replat. If the application includes a request for a waiver or modification of a
platting regulation, the City Council may approve the request upon appeal by the applicant to the decision
of the Planning and Zoning Commission.
D. Minor Plat Approval by Staff – The Community Development Director shall be authorized to approve a
Minor Plat, as defined by this Land Development Code provided said plat conforms to the requirements
and specifications of this Land Development Code, without the additional approval of the Planning and
Zoning Commission. If the application includes a request for a waiver or modification of a platting
regulation, the Planning and Zoning Commission shall approve or disapprove the request. The City
Council may approve the request upon appeal by the applicant to the decision of the Planning and Zoning
Commission. The Community Development Director, may not disapprove a Minor Plat, but shall refer any
Minor Plat which he/she refuses to approve to the Planning and Zoning Commission within thirty (30)
days after the date the plat is filed.
E. Amending Plat Approval by Staff – The Community Development Director shall be authorized to approve
an Amending Plat as defined by the Local Government Code, provided said plat conforms to the
requirements and specifications of this Land Development Code. If the application includes a request for
a waiver from the subdivision requirements, the Community Development Director, shall present the
amending plat to the Planning and Zoning Commission for approval. The Planning and Zoning
Commission shall have the authority to approve the Amending Plat. The Planning and Zoning
Commission may require additional approval of any Amending Plat by the City Council.
The Community Development Director, may not disapprove an Amending Plat, but shall refer any
Amending Plat which he refuses to approve to the Planning and Zoning Commission within thirty (30)
days after the date the plat is filed.
F. Appeal Procedure – A subdivision plat that has been denied by the Planning and Zoning Commission
may be appealed to the City Council for consideration at the next available public meeting. In the event
of any discrepancy between a plat as approved by the Planning and Zoning Commission and the City
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 4
Council, the plat approved by the City Council shall prevail.
Section 8 – 135 Procedure for Approval of Subdivisions
A. Time Period for Taking Action – The approving body shall approve or disapprove a subdivision
application within thirty (30) days after the date the subdivision application is filed as provided in this
Chapter. A subdivision application is considered approved if the approving body fails to act on a plat
within the prescribed period. Provided however, that the subdivider may request a deferral of action on
the subdivision application, thereby waiving the thirty day time period for action by the approving body,
provided said request is submitted in writing.
B. Additional Time Period for City Council Approval – Where City Council action is required or requested on
a subdivision application as provided in this Chapter, the action shall be taken no later than thirty (30)
days after the date the subdivision application was considered by the Planning and Zoning Commission.
A subdivision is considered approved if the City Council fails to act on a plat within the prescribed period.
Provided however, that the subdivider may request a deferral of action on the subdivision application,
thereby waiving the thirty day time period for action by the City Council, provided said request is
submitted in writing.
C. Certificate of Compliance – In cases where the City fails to act on a subdivision application within the
thirty day time period, the Community Development Director, upon written request, shall issue a certificate
of compliance stating the date the subdivision was filed and that the City failed to act on the subdivision
application within the specified time.
D. Authorization to Sign Plats – The approval of a plat by the approving body, shall constitute authority for
the, Community Development Director or, the Chairman and Secretary of the Planning and Zoning
Commission and/or the Mayor and City Secretary, to execute said plat, and shall constitute approval for
recording in the County Clerk’s Office of Tarrant County.
E. Modification of Conditions – Where the approving body finds that extraordinary hardships or practical
difficulties may result from strict compliance with these regulations or the purposes of these regulations
may be served to a greater extent by an alternative proposal, it may approve modifications of conditions
to these platting regulations so that substantial justice may be done and the public interest secured. Such
a finding by the City shall not have the effect of nullifying the intent and purpose of these platting
regulations.
F. Completeness Determination – Every subdivision plat application shall be subject to a determination of
completeness by the Administrative Official as provided for in this Section.
1. No later than the tenth business day from the date the application is received, the Administrative
Official shall make a written determination that all documents required by the Land Development
Code for a subdivision plat submittal have been received.
2. The applicant shall be provided written notice of any deficient documents no later than ten (10)
business days from the date the application is received. The determination shall specify the
documents or other information needed to complete the application and shall state the date the
application will expire if the documents or other information are not provided. For purposes of this
Section, the applicant shall be deemed to have been notified if the City has mailed a copy of the
determination as provided herein.
3. The processing of an application by any City official or employee prior to the time the application is
determined to be complete shall not be binding on the City as the official acceptance of the
application for filing,
4. A determination of completeness by the Administrative Official shall not constitute a determination of
compliance with the substantive requirements of the Land Development Code.
G. Expiration of Application – If a subdivision plat application is not completed on or before the 45th day after
the application is received by the Administrative Official for processing, the application will be deemed to
have expired. Thereafter, a new subdivision plat application must be submitted, including payment of the
applicable application fee. The City shall retain any fee paid for reviewing the original application for
completeness.
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 5
H. Incompleteness as Grounds for Denial – No subdivision plat application shall be scheduled for action by
an approving body unless it is determined that the application is complete and all required items, studies
and documents have been submitted to and received by the City, unless the applicant has provided a
written request for a waiver or modification of said requirement. An incomplete subdivision application
shall be grounds for denial or revocation of the application. No vesting right shall accrue from the filing of
an application that has expired pursuant to this Section, or from the filing of a complete application that is
subsequently denied.
I. Official Plat Submittal Date –The date from which the statutory period requiring approval or disapproval of
a subdivision plat application shall commence on the date the Administrative Official responsible for
processing subdivision plat applications has determined the application to be complete and marked said
date on the application and has scheduled said application for action by the approving body.
J. Development Review Committee – The City Manager shall designate a Development Review Committee
(DRC) which shall be an advisory committee to the Planning and Zoning Commission and have
responsibility for providing comments and recommendations on subdivision applications. In addition, the
Development Review Committee shall submit comments and recommendations on vacation of public
rights-of-way or easements and site plan reviews required by this Code. The Administrative Official
responsible for subdivision review shall coordinate the actions of the Development Review Committee.
K. DRC Review – Copies of subdivision plat applications shall be distributed to the Development Review
Committee (DRC) members for technical review. The DRC shall provide written comments and
recommendations on the proposed development to the Administrative Official.
The Administrative Official responsible for subdivision review shall compile a report of the written
comments received from the DRC and provide a copy of said report to the subdivider within five (5)
working days following the day of receipt of all staff comments. The subdivider shall submit revised
copies of the subdivision application, which incorporates and fully satisfies the comments of the DRC or
provide written response as to why such modification is not proposed.
L. Consistency with Master Plans – No subdivision plat shall be approved which is not consistent with the
Colleyville Master Plan, the Parks Development Plan, and trail systems plans of the City.
M. Compliance with Zoning – No subdivision plat shall be approved that is not consistent with the existing
zoning regulations applicable to the property being platted, unless a rezoning application is pending that
will provide consistency with the proposed development.
N. Public Facilities – No subdivision application shall be approved by the City unless the Director of Public
Works has reviewed the construction plans for the proposed public improvements and has determined
that the public facilities will be adequate to support and service the area of the proposed subdivision. To
expedite the review process, the Director of Public Works may accept a written offer by the developer as
satisfactory evidence that public improvement requirements of the Land Development Code will be
satisfied. The Director of Public Works may require the applicant to submit sufficient information and data
to demonstrate that the existing public facilities are adequate to serve the proposed subdivision. Public
facilities and services to be examined for adequacy shall include drainage facilities, roads, sewage, and
water systems. Public facilities shall be designed and constructed in accordance with the requirements
contained in this Land Development Code. Said proposed public improvements shall conform to and be
properly related to the Colleyville Master Plan and all applicable capital improvement plans, including but
not limited to the following:
1. Master Thoroughfare Plan – All subdivisions shall be designed to coordinate with the right-of-way
widths and street patterns shown on the Master Thoroughfare Plan.
2. Water System - All lots shall be served by a public water system capable of providing water for health
and emergency purposes, including adequate fire protection. Proposed water system improvements
shall be consistent with the Master Water System Plan.
3. Wastewater Collection System - All lots shall be served by an approved means of wastewater
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 6
collection and treatment. Proposed sewer system improvements shall be consistent with the Master
Wastewater Collection System Plan.
4. Storm Water Management - The Director of Public Works may require the use of control methods
such as retention or detention, and/or the construction of offsite drainage improvements to mitigate
the impacts of the proposed developments. Any proposed drainage system improvements shall be
consistent with the Master Storm Water Management Plan.
O. Records Maintenance – The Administrative Official responsible for subdivision review shall maintain a
record of each application submitted under this Chapter, and the action taken on the application.
P. Dedication Offers – All streets, drainage ways, parks, and other rights-of-way or public easements shown
within a subdivision plat and intended for public use shall be offered for dedication as part of the approval
of a plat. Upon approval of the subdivision application by the City, the offers shall be deemed dedicated
and available for acceptance by the City in accordance with the requirements of this Section.
1. Whenever a subdivision proposes the dedication of land for public use and the City finds that such
land is not required or is not suitable for public use, the approving body shall either deny the
subdivision application or require the rearrangement of lots to include such land.
2. The approval of a subdivision plat by the City is not considered an acceptance of any dedication and
does not impose on the City any duty regarding the maintenance or improvement of any dedicated
parts until the City Council makes an actual appropriation of the dedicated parts by entry, use, or
improvement.
3. Disapproval of a plat shall be deemed a refusal by the City to accept the offered dedications shown
thereon.
Q. Nuisance Ordinances and Outstanding Liens – No subdivision plat shall be placed on the agenda for
action by an approving body in which the Code Enforcement Officer has issued notice to the owner of the
property being subdivided that the property being considered for development is in violation of a public
nuisance ordinance of the City of Colleyville and the violation has not been abated prior to the subdivision
application date. No subdivision plat shall be placed on the agenda for action by an approving body that
has an outstanding delinquent lien payable to the City of Colleyville.
R. Frontage on Public Access Required – Every lot shall have frontage on a public street right-of-way. Said
frontage shall not be less than eighty percent (80%) of the minimum required lot width established for the
zoning district. In non-residential areas, access to a lot with a public access easement that is acceptable
by the City as meeting the minimum requirements to provide public ingress and egress and for adequate
emergency vehicle access may be allowed in lieu of a public street right-of-way.
S. Plats Straddling or Adjacent to Municipal Boundaries – Where access to a proposed subdivision is
required across land in an adjacent city, the Administrative Official shall coordinate the review of the plat
with the adjacent city and the approving body shall require written approval from the adjacent city.
T. Official City Map – The Administrative Official responsible for subdivision review shall maintain an Official
City Map, which shall indicate all subdivisions, lots and street rights-of-way. Subdivision plats hereafter
approved shall be placed on the Official Map in a timely order and include the names of all streets and
street suffix classifications. Where street name inconsistencies exist, from one subdivision to another, the
Administrative Official shall place on the Official City Map the generally accepted street name, its proper
spelling, and suffix classification. The Administrative Official responsible for subdivision review shall
assign street address ranges for each block and coordinate these with the Office of the Fire Marshal and
other emergency service providers.
U. Enforcement of Chapter – In addition to any other remedy provided by law, the City and its officers shall
have the right to enjoin any violation of this Chapter by injunction issued by a court of competent
jurisdiction.
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 7
Section 8 – 140 Preliminary Plats
A. Preliminary Plat Classification – Submittal of a Preliminary Plat is the first of a two step process for
approval of a subdivision plat. The Preliminary Plat procedure shall be used when the property proposed
for development is not platted as defined in this Chapter, does not qualify as a minor plat, and will be
platted in more than one phase. The purpose of the Preliminary Plat procedure is to allow a subdivider to
submit an abbreviated subdivision proposal for approval to determine the feasibility of developing a parcel
of land before proceeding to the final platting process where the development will involve more than one
phase of construction.
B. Platting all Land in Common Ownership – The Preliminary Plat shall include all contiguous holdings of the
owner, including land in “common ownership” as defined in this Chapter, with an indication of the portion
which is proposed for subdivision.
C. Preliminary Plat Phasing –The Preliminary Plat shall clearly indicate the parcels of land to be included in
the phasing. Subsequently, Final Plats shall generally comply with the phasing lines indicated on the
Preliminary Plat. Significant departure from the phase lines indicated on the Preliminary Plat shall require
an amendment to the Preliminary Plat prior to further final platting of property.
D. Effect of Approval – Upon approval of the Preliminary Plat, a copy of the approved Preliminary Plat shall
be signed by the Administrative Official and kept for public record. Said approved Preliminary Plat shall
reflect any and all revisions to the original submitted Preliminary Plat as was directed by the Planning and
Zoning Commission and/or City Council which were made a condition of approval. Approval of the
Preliminary Plat shall not constitute final acceptance or approval of the subdivision nor shall the approval
of the Preliminary Plat confer any vesting rights in the arrangement of lots, streets and other features on
the Final Plat. Approval of the Preliminary Plat shall constitute authority to proceed with the Final Plat
process as described in this Chapter.
E. Expiration of Approval – Approval of a Preliminary Plat shall expire after twelve (12) months from the date
of approval, unless a Final Plat is submitted for all or part of the area that has received Preliminary Plat
approval. The approving body may approve a time extension upon written request from the developer or
may waive the twelve month termination period when the Final Plat is determined to be consistent with
the approved Preliminary Plat and no additional standards have been adopted by the City.
F. Re-submittal of Preliminary Plat – When a Preliminary Plat is disapproved, the subdivider, at any time
thereafter, may submit a new design for approval, following the same procedures as required for the
original application, including the payment of application fees.
G. Preliminary Plat Exhibits – The subdivider shall file an application for approval of a Preliminary Plat with
the Administrative Official responsible for subdivision review, which shall contain the following exhibits to
be considered complete:
1. Preliminary Plat Application – The application shall be on forms furnished by the Administrative
Official. If the applicant is not the official owner of record, written authorization from the property
owner is required.
2. Preliminary Plat Drawing – The plat drawing shall contain the information listed in Section 8 - 180
Required Plat Information, where applicable.
3. Preliminary Drainage Information – The subdivider shall submit a Preliminary Drainage Analysis to
determine the need for drainage facilities, unless the Director of Public Works has determined that a
Preliminary Drainage Analysis is not necessary at time of platting. The Preliminary Drainage Analysis
shall be prepared in accordance with the drainage analysis requirements contained in Chapter 14 –
Engineering Design Standards of this Land Development Code.
4. Preliminary Utility Plan – The subdivider shall submit preliminary construction drawings which shall
indicate the general location and approximate sizes of all existing and proposed public utilities, unless
the Director of Public Works has determined that no public utility improvements are necessary. The
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 8
size of all proposed water and sewer lines shall be determined using the design criteria contained in
Chapter 14 – Engineering Design Standards of this Land Development Code.
5. Tree Survey – Where a subdivision plat indicates a proposed public street, the subdivider shall submit
a tree survey or an aerial photograph indicating the general coverage of trees.
6. Nuisance Compliance Certification – The Code Enforcement Officer shall provide certification
indicating the status of the property regarding public nuisances and outstanding liens payable to the
City of Colleyville.
7. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to
the Administrative Official.
H. Grading Site Prior to Final Approval – Following Preliminary Plat approval, the developer may apply for an
earthwork permit and upon approval of said permit may commence construction to the grades and
elevations required by the Preliminary Plat.
Section 8 – 145 Final Plats
A. Final Plat Classification – Approval of a Final Plat is the second step in the process for approval of a
subdivision plat. The Final Plat procedure shall be used when the property proposed for development
has been previously approved as a Preliminary Plat, was not submitted as a Combination
Preliminary/Final Plat and conforms to the requirements of this Chapter. The purpose of the Final Plat
procedure is to allow a subdivider to submit for approval all the documents necessary to fully develop the
subdivision.
B. Final Plat Prerequisites – Unless exempt from the requirements of Preliminary Plat approval, no Final Plat
shall be placed on the agenda for action by the approving body until a Preliminary Plat of a subdivision
has been previously approved in accordance with this Chapter. Upon approval of a Preliminary Plat, a
subdivider may file an application for approval of a Final Plat. The Final Plat shall conform to the
Preliminary Plat as approved and incorporate any and all changes, modifications, corrections and
conditions imposed by the prior approval. A Final Plat will not be presented to the approving body for
consideration, which fails to incorporate the recommendations of the Preliminary Plat approval.
C. Final Plat Exhibits – The subdivider shall file an application for approval of a Final Plat with the
Administrative Official responsible for subdivision review, which shall contain the following exhibits to be
considered complete:
1. Final Plat Application – The application shall be on forms furnished by the Administrative Official
responsible for subdivision review. If the applicant is not the official owner of record, written
authorization from the property owner is required.
2. Final Plat Drawing – The plat drawing shall contain the information contained in Section 8 - 180
Required Plat Information of this Land Development Code.
3. Drainage Information – The subdivider should discuss with the Director of Public Works the need to
submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related
improvements are required, the applicant shall submit a Drainage Study with supporting
documentation which shall conform to the technical specifications contained in Chapter 14 –
Engineering Design Standards of this Land Development Code.
4. Construction Drawings – When the proposed development requires the construction of public
improvements, the applicant shall submit construction plans with the Final Plat. The construction
drawings shall conform to the technical specifications contained in Chapter 14 – Engineering Design
Standards of this Land Development Code and shall be prepared and sealed by a Registered
Professional Engineer, licensed to practice in the State of Texas.
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 9
5. Tree Survey – Where a subdivision plat indicates a proposed public street, the subdivider shall submit
a tree survey or an aerial photograph indicating the general coverage of trees. These documents are
not necessary if they have been submitted with the Preliminary Plat.
6. Nuisance Compliance Certification – The Code Enforcement Officer shall provide certification
indicating the status of the property regarding public nuisances and outstanding liens payable to the
City of Colleyville.
7. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to
the Administrative Official.
Section 8 – 150 Combination Preliminary/Final Plat
A. Combination Preliminary/Final Plat Classification – Approval of a Combination Preliminary/Final Plat may
occur when a plat is submitted that involves more than four lots and will include a new street but will not
be phased but, instead, will be developed in a single phase. The purpose of the Combination
Preliminary/Final Plat procedure is to allow a subdivider to submit for approval all the documents
necessary to fully develop the subdivision in a single application.
B. Combination Preliminary/Final Plat Exhibits – The subdivider shall file an application for approval of a
Combination Preliminary/Final Plat with the Administrative Official responsible for subdivision review,
which shall contain the following exhibits to be considered complete:
1. Combination Preliminary/Final Plat Application – The application shall be on forms furnished by the
Administrative Official responsible for subdivision review. If the applicant is not the official owner of
record, written authorization from the property owner is required.
2. Plat Drawing – The plat drawing shall contain the information contained in Section 8 - 180 Required
Plat Information of this Land Development Code.
3. Drainage Information – The subdivider should discuss with the Director of Public Works the need to
submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related
improvements are required, the applicant shall submit a Drainage Study with supporting
documentation which shall conform to the technical specifications contained in Chapter 14 –
Engineering Design Standards of this Land Development Code.
4. Construction Drawings – When the proposed development requires the construction of public
improvements, the applicant shall submit construction plans with the Combination Preliminary/Final
Plat. The construction drawings shall conform to the technical specifications contained in Chapter 14
– Engineering Design Standards of this Land Development Code and shall be prepared and sealed
by a Registered Professional Engineer, licensed to practice in the State of Texas.
5. Tree Survey – Where a subdivision plat indicates a proposed public street, the subdivider shall submit
a tree survey or an aerial photograph indicating the general coverage of trees.
6. Nuisance Compliance Certification – The Code Enforcement Officer shall provide certification
indicating the status of the property regarding public nuisances and outstanding liens payable to the
City of Colleyville.
7. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to
the Administrative Official. The fee for a Combination Preliminary/Final Plat shall be the same as the
fee for a Final Plat.
Section 8 – 155 Minor Plats
A. Minor Plats: A Minor Plat submittal shall be used when the property proposed for development is not
platted, contains four (4) or fewer lots and will not create a new street. A Minor Plat is intended to allow a
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 10
subdivider to combine the Preliminary and Final Plat procedures and thereby expedite the review and
approval of a small subdivision where no new public street is created. Where applicable, the Minor Plat
submittal shall contain the same exhibits as a Final Plat submittal.
B. Minor Plat Exhibits – The subdivider shall file an application for approval of a Minor Plat with the
Administrative Official responsible for subdivision review, which shall contain the following exhibits to be
considered complete:
1. Minor Plat Application – The application shall be on forms furnished by the Administrative Official
responsible for subdivision review. If the applicant is not the official owner of record, written
authorization from the property owner is required.
2. Plat Drawing – The plat drawing shall contain the information contained in Section 8 – 180 Required
Plat Information of this Land Development Code.
3. Drainage Information – The subdivider should discuss with the Director of Public Works the need to
submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related
improvements are required, the applicant shall submit a Drainage Study with supporting
documentation which shall conform to the technical specifications contained in Chapter 14 –
Engineering Design Standards of this Land Development Code.
4. Construction Drawings – When the proposed development requires the construction of public
improvements, the applicant shall submit construction plans with the Minor Plat. The construction
drawings shall conform to the technical specifications contained in Chapter 14 – Engineering Design
Standards of this Land Development Code and shall be prepared and sealed by a Registered
Professional Engineer, licensed to practice in the State of Texas.
5. Tree Survey – Where a subdivision plat indicates a proposed public street, the subdivider shall submit
a tree survey or an aerial photograph indicating the general coverage of trees.
6. Nuisance Compliance Certification – The Code Enforcement Officer shall provide certification
indicating the status of the property regarding public nuisances and outstanding liens payable to the
City of Colleyville.
7. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to
the Administrative Official.
Section 8 – 160 Replats
A. Replats: A Replat submittal shall be used when a previously platted property is proposed for
redevelopment. A Replat may include an additional parcel of un-platted property when the size of the
un-platted portion does not dictate the submittal of a Preliminary Plat. The Administrative Official
responsible for subdivision review shall review each Replat application and determine whether or the not
the size of the un-platted portion of the proposed development warrants the submittal of a Preliminary
Plat. Where applicable, the Replat submittal shall contain the same exhibits as a Final Plat submittal.
B. Additional Criteria for Replats: The following additional criteria for approval shall apply in the re-
subdivision of an existing plat, without vacating the immediate previous plat:
1. A public hearing shall be required on the Replat at which interested parties and citizens have an
opportunity to be heard.
2. If any of the proposed area to be re-subdivided or re-platted, within the immediate preceding five
years, was limited by any interim or permanent zoning classification to residential use for not
more than two residential units per lot, or if any lot in the immediate previous subdivision was
limited by deed restriction to residential use for not more than two residential units per lot, notice
of the public hearing shall be given in advance in the following manner:
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 11
a. Publication at least 15 days before the date of the hearing in a newspaper of general
circulation in the City.
b. A written notice of the public hearing shall be forwarded no less than fifteen (15) days prior to
the day of the hearing to the owners (as the ownership appears on the last approved ad
valorem tax roll) of all lots in the immediate preceding plat that are within 200 feet of the lots
to be re-platted. The notice may be served by depositing it properly addressed and postage
paid, in the United States post office.
3. If the proposed replat requires a waiver of a requirement and is protested in accordance with this
section, the proposed replat must receive, in order to be approved, the affirmative vote of at least
three-fourths of the members present of the Planning and Zoning Commission and/or City
Council. For a legal protest, written instruments signed by the owners of at least 20 percent of
the area of the lots or land immediately adjoining the area covered by the proposed replat and
extending 200 feet from that area, but within the original subdivision, must be filed with the
Planning and Zoning Commission and City Council prior to the closing of the public hearing. In
computing the percentage of land area, the area of streets and alleys shall be included.
C. Compliance with paragraphs (a) & (b) is not required for approval of a replat or a portion of a prior plat
if the area to be re-platted was designated or reserved for other than single or duplex family
residential use by notation on the last legally recorded plat or in the legally recorded restrictions
applicable to the plat.
D. Replat Exhibits – The subdivider shall file an application for approval of a replat with the
Administrative Official responsible for subdivision review, which shall contain the following exhibits to
be considered complete:
1. Replat Application – The application shall be on forms furnished by the Administrative Official
responsible for subdivision review. If the applicant is not the official owner of record, written
authorization from the property owner is required.
2. Plat Drawing – The plat drawing shall contain the information contained in Section 8 - 180
Required Plat Information of this Land Development Code.
3. Drainage Information – The subdivider should discuss with the Director of Public Works the need
to submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and
related improvements are required, the applicant shall submit a Drainage Study with supporting
documentation which shall conform to the technical specifications contained in Chapter 14 –
Engineering Design Standards of this Land Development Code.
4. Construction Drawings – When the proposed development requires the construction of public
improvements, the applicant shall submit construction plans with the Minor Plat. The construction
drawings shall conform to the technical specifications contained in Chapter 14 – Engineering
Design Standards of this Land Development Code and shall be prepared and sealed by a
Registered Professional Engineer, licensed to practice in the State of Texas.
5. Tree Survey – Where a subdivision plat indicates a proposed public street, the subdivider shall
submit a tree survey or an aerial photograph indicating the general coverage of trees.
6. Nuisance Compliance Certification – The Code Enforcement Officer shall provide certification
indicating the status of the property regarding public nuisances and outstanding liens payable to
the City of Colleyville.
7. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to
the Administrative Official.
Section 8 - 165 Amending Plats
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 12
A. Amending Plat Classification – The Amending Plat procedure shall be used when making a minor change
to an existing subdivision. These changes must not be substantive, nor create any new lots. Notice,
public hearing, and the approval of other lot owners is not required for the approval of an Amending Plat.
B. Amending Plat Procedures – The City is authorized to approve an Amending Plat which is signed by the
property owners, and which is for one (1) or more of the purposes set forth in this Section, and such
approval shall not require notice, hearing or approval of other lot owners. Amending Plats in accordance
with the provisions of this Section shall be approved if the sole purpose of the Amending Plat is to:
1. Correct an error in any course or distance shown on the prior plat;
2. Add any course or distance that was omitted on the prior plat;
3. Correct an error in the description of the real property shown on the prior plat;
4. Indicate monuments set after death, disability or retirement from practice of the surveyor charged with
the responsibilities for setting monuments;
5. Show the proper location or character of any monument which has been changed in location or
character or which originally was shown at the wrong location or incorrectly as to its character on the
prior plat;
6. Correct any other type of scrivener or clerical error or omission as previously approved by the City;
such errors and omissions may include, but are not limited to, numbers, acreage, street names and
identification of adjacent recorded plats;
7. Correct an error in courses and distances of lot lines between two adjacent lots where both lot owners
join in the application for plat amendment, and neither lot is abolished; provided that such amendment
does not attempt to remove recorded covenants or restrictions and does not have a material adverse
effect on the property rights of the other owners in the plat;
8. Relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot
line or on an easement;
9. Relocate one or more lot lines between one or more adjacent lots where the owner or owners of all
such lots join in the application for the plat amendment, provided that such amendment does not:
a. Attempt to remove recorded covenants or restrictions; or
b. Increase the number of lots; or
c. Remove or otherwise abandon any easement or right-of-way.
10. To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or part
of the subdivision covered by the preceding plat if;
a. the changes do not affect applicable zoning and other regulations of the municipality;
b. the changes do not attempt to amend or remove any covenants or restrictions; and
c. the area covered by the changes is located in an area that the municipal planning commission or
other appropriate governing body of the municipality has approved, after a public hearing, as a
residential improvement area; or
11. To replat one or more lots fronting on an existing street if:
a. the owners of those lots join in the application for amending the plat;
b. the amendment does not attempt to remove recorded covenants or restrictions;
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 13
c. the amendment does not create or require creation of a new street or make necessary the
extension of municipal facilities.
C. Amending Plat Exhibits – The subdivider shall file an application for approval of an Amending Plat with
the Administrative Official responsible for subdivision review, which shall contain the following exhibits to
be considered complete:
1. Amending Plat Application – The application shall be on forms furnished by the Administrative Official
responsible for subdivision review. If the applicant is not the official owner of record, written
authorization from the property owner is required.
2. Amending Plat Drawing – The plat drawing plat contain the information contained in Section 8 - 165
Required Plat Information of this Land Development Code, where applicable.
3. Drainage Information – As determined by the Director of Public Works, the developer shall submit a
Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related
improvements are required, the applicant shall submit a Drainage Study with supporting
documentation which shall conform to the technical specifications contained in Chapter 14 –
Engineering Design Standards of this Land Development Code
4. Construction Drawings – When the proposed development requires the construction of public
improvements, the applicant shall submit construction plans with the plat. The construction drawings
shall conform to the technical specifications contained in Chapter 14 – Engineering Design Standards
of this Land Development Code and shall be prepared and sealed by a Registered Professional
Engineer, licensed to practice in the State of Texas.
5. Nuisance Compliance Certification – The Code Enforcement Officer shall provide certification
indicating the status of the property regarding public nuisances.
6. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to
the Administrative Official.
Section 8 - 170 Official Plat Recording
A. Required Filing Documents – No subdivision plat shall be filed of record with the Tarrant County Clerk’s
Office unless the following are complete:
1. The plat has been drawn on mylar reproducible film or other permanent material, contains all required
signatures, including the signature of the Planning and Zoning Commission Chairman, and/or the
Mayor, or City staff, as applicable; and
2. All applicable fees have been received.
B. Construction Prior to Official Filing – No construction of public improvements shall be allowed and no
permits for building construction shall be approved until the subdivision plat has been filed of record with
the Tarrant County Clerk’s Office.
C. Maximum Approval Period – The approval of a subdivision plat shall expire one-hundred and eighty (180)
days from the date of approval by the approving body, unless the subdivision plat has been filed of record
with as provided in this Section.
D. Re-approval Required – No subdivision plat shall be filed of record with the Tarrant County Clerk’s Office
where the approval time period has expired, unless the approving body has approved a re-submittal of
the plat application and payment of plat application fee.
Section 8 - 175 Vacation of Plats
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 14
A plat may be vacated by the owners of the land covered by the plat at any time before a lot in the plat is sold.
If lots have been sold, the plat or any part of the plat may be vacated upon the application of all the owners of
lots in the plat and with the approval of the City obtained in the manner prescribed for the original plat.
Section 8 - 180 Required Plat Information
The applicant requesting subdivision plat approval shall submit the required number of copies of a plat
drawing as determined by the Administrative Official and which complies with this Section.
1. All plat drawings shall contain the following information where applicable:
a. Owner / Subdivider - The names and addresses of the subdivider and the current owner of record.
b. Surveyor Name - The name, address and telephone number of the surveyor responsible for the plat
which shall contain the seal of a Texas Registered Professional Land Surveyor.
c. Subdivision Name - If the land to be platted is situated within or adjacent to an existing subdivision,
that plat may take the name of the existing subdivision, subject to the approval of the City. The name
of the proposed subdivision shall be clearly shown with large letters and shall not be a duplication of
any existing subdivision name, whether by spelling or pronunciation, or similar to any other
subdivision within the City. The plat drawing shall indicate whether the plat is a Preliminary Plat, Final
Plat, Replat, or Amending Plat.
d. Location Map - A location map showing the tract by reference to streets or highways.
e. Date - The date the plat was prepared.
f. Scale & North Arrow - The plat shall be prepared at a numerical scale no greater than one (1) inch
equals one hundred (100) feet unless approved by the Administrative Official responsible for
subdivision review. A graphic scale symbol shall be placed on the drawing with a north arrow
indicating the approximate true north.
g. Subdivision Boundary Lines - The subdivision boundary lines shall be shown in heavy lines so as to
provide a differentiation with the internal features of the area being proposed for platting. The
location and dimensions of all boundary lines of the property shall be expressed to the nearest
hundredth foot.
h. Metes and Bounds Description - A written metes and bounds description of the property shall be
shown on the plat and be capable of reproducing such lines upon the ground with a closure error of
less than 1:25,000. The legal description shall include reference to an original survey, subdivision
corner, or the Texas Coordinate System of 1983, North Central Zone. The legal description shall
include the acreage of the total area of the proposed subdivision and be consistent with the
subdivision boundary. The legal description shall contain information to show the last instrument
conveying title to each parcel of property involved in the proposed subdivision, giving grantor,
grantee, date, and land records reference.
i. Adjacent Properties - All property lines, streets and easements on lands immediately adjacent to and
contiguous with the perimeter of the proposed subdivision and extending one hundred (100) feet shall
be shown with the names of the owners as shown on the most current Tax Assessor's files; if the
adjacent properties are platted, the names of adjoining subdivisions and the names of adjoining
streets are to be shown.
j. Street Rights-of-Way - The width of all public street rights-of-way shall be shown on the plat. The
general location and width shall be consistent with the Master Thoroughfare Plan. Dimensions shall
be shown for all curves. The distance from the centerline of any existing roadway of a boundary
street to the proposed subdivision shall be shown to determine the adequacy of right-of-way along the
route and to determine if additional right-of-way is necessary to accommodate the proposed street.
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 15
k. Permanent Structures - The location and general outline of any existing permanent structures with
sufficient dimensions to determine building line encroachments. Any permanent structures which
encroach any building set-back lines that will remain after completion of the development shall be
shown on the drawing with appropriate dimensions.
l. Building Set-back Lines - Front building set-back lines shall be indicated by dashed lines on all lots in
accordance with the requirements of the applicable zoning district. Side yard building set-back lines
shall be indicated by dashed lines on the side yards of lots with side street frontage. Additional
building set-back may be required by the City. Existing building set-back lines on adjacent properties
shall be shown, where applicable.
m. City Limit Lines - The general location of the city limit boundaries of the City of Colleyville and any
adjacent city shall be shown on the plat and referenced per city maps, only.
n. Easements - The location and dimension of all existing or proposed easements shall be shown on the
plat drawing indicating whether such easement is for any specific purpose. General easements for
the use of public utilities of not less than seven and one-half (7.5') feet in width shall be provided
along each side of all rear property lines. If necessary for the extension of water or sewer mains,
storm drainage or other utilities, easements of greater width shall be required along lot lines or across
large lots. In all cases, easements shall connect with easements already established on adjoining
properties or extend to connect with a public right-of-way. No lot shall be shown with an easement
which prevents proper development and full utilization of the lot as a suitable building site for the
intended zoning district.
o. Lot and Block Numbering - All lots and blocks shall be consecutively numbered, or lettered in
alphabetical order. The blocks in subdivisions bearing the same name shall be numbered or lettered
consecutively through the several sections or phases. Lettering for blocks shall be larger and bolder
than lot numbers or circled to make identification clear. Any lot or block which is planned as an ‘out-
parcel’ shall be numbered and designated on the plat with notation regarding any development
restrictions.
p. Sheet Size - Map sheets shall be of such size as are acceptable for filing in the Tarrant County
Clerk’s Office, and shall not exceed twenty-four by thirty-six (24"x 36") inches, but may be eighteen
by twenty-four (18" x 24") inches, with a binding margin of not less than one and one-half inches on
the left side of the sheets. Sheets shall be numbered in sequence if more than one (1) sheet is used
and an index sheet provided with match lines.
q. Plat Notes and Conditions - When appropriate, the plat shall contain a listing of any Plat Notes and
Plat Conditions in a readily identifiable location with each note numbered consecutively.
r. Public Use Areas - The location and dimensions of all property proposed to be set aside for public
use or common reservation shall be shown on the plat drawing, with designation of the purpose
thereof, and conditions, if any, of the dedication or reservation.
s. Street Names - All street names shall be shown on the plat. New street names shall be sufficiently
different in sound and in spelling from other street names in the city to avoid confusion. The
continuation of an existing street shall bear the same name.
t. Phasing of Plats – For Preliminary plats, the plat drawing shall indicate any phasing of the proposed
subdivision. Thereafter, plats of subsequent phases shall conform to the approved overall layout and
phasing, unless a revised Preliminary Plat is submitted and approved in accordance with this
Chapter. However, a subsequent reduction of a phase may be considered provided that it conforms
to the original street arrangement.
u. Lot Dimensions - The approximate dimensions of all lots shall be shown on a Preliminary Plat and the
exact dimension shown on all other plats with accuracy to one-hundredth’s of one foot. The
dimensions shall be sufficient to verify compliance with the minimum requirements of the applicable
zoning district.
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 16
v. Flood Plain Features - The location of the 100-year flood limits, if applicable, shall be shown on the
plat and contained within a drainage easement. If the subdivision, or a portion thereof, is located in
the 100 year flood-prone area, the developer will be required to comply with the Flood Damage
Prevention Ordinance.
w. Irregular Side Lot Lines - Side lot lines which are not perpendicular to the street right-of-way shall be
indicated with bearing and distance.
x. Lot Areas - The area for each lot expressed in square feet shall be shown on the plat.
y. Survey Notes - The Final Plat shall be accompanied by one (1) set of surveyor's closure notes for the
boundary of the subdivision. The notes shall be referenced in the same manner as the plat.
z. Certification Blocks – All plats shall contain the appropriate certification blocks which shall be similar
to those shown.
Planning and Zoning Commission Approval
WHEREAS The Planning and Zoning Commission of the City of Colleyville, Texas voted affirmatively on this _______ day of
____________________________________, 20__, to approve this Plat.
____________________________________
Chairman, Planning and Zoning Commission
_____________________________________
Attest: Secretary, Planning and Zoning Commission
City Council Approval
Whereas the City Council of the City of Colleyville, Texas voted affirmatively on this ____________ day of
______________________________________, 20__, to approve of this Plat.
________________________________________________
Mayor, City of Colleyville
________________________________________________
Attest: City Secretary
Staff Approval Authority
This amending or minor plat is approved in accordance with Section 212.0065 of the
Texas Local Government Code and the City of Colleyville Subdivision Regulations
_______________
Date
_____________________________________________
Community Development Director
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 17
Surveyor’s Certification
KNOW ALL MEN BY THESE PRESENTS:
That I, ________________________________________________________, a Registered Professional Land
Surveyor licensed in the State of Texas, do hereby certify that this Plat is true and correct and was prepared
from an actual survey made under my supervision on the ground. Further, this survey conforms to the general
rules of procedures and practices of the most current Professional Land Surveying Practices Act.
_______________________________________________ __________________
Signature Date
(Affix Seal)
Dedication Certificate
WHEREAS, (owners name), are the owners of a tract of land situated in the (name) Survey, Abstract N. (#), Tarrant County, Texas,
and being out of a (#) acre tract conveyed to them by (deed reference), and being more particularly described as follows:
(metes and bounds description)
NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That We, (names), Owners, do hereby adopt this plat designating the hereinbefore described property as (subdivision name), and
addition to the City of Colleyville, Tarrant County, Texas, and do hereby dedicate fee simple to the public use forever all streets,
rights-of-way, and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use and
accommodation of all public utilities desiring to use or using the same. Any public utility shall have the right to remove and keep
removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere
with the construction , maintenance or efficiency of its respective systems on any of these easements, and any public utility shall at all
times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing, reconstructing,
inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all
platting ordinances, rules, regulations, and resolutions of the City of Colleyville, Texas.
Witness our hands this _________________________ day of _________________, 20_____.
_____________________________________________________________
Owners Name
STATE OF TEXAS }{
COUNTY OF TARRANT }{
Before me, the undersigned Notary Public in and for said county and State on this day personally appeared
__________________________, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purpose and considerations therein expressed, and in the capacity therein
stated.
Given under my hand and seal of office this _______ day of ______________________________, 20____.
_____________________________________
Notary Public in and for Tarrant County
(affix seal) _____________________________________
My printed name
_____________________________________
My commission expires:
Exhibit "A"
Land Development Code City of Colleyville, Texas
Chapter 8 - Plat Review Procedures Page 8 - 18
Section 8 – 185 Easement and Right-of-Way Encroachments
(Ord. O-01-1280 / 08/08/01)
No building permit shall be issued for any structure that encroaches into or over a public drainage and/or
utility easement or public right-of-way, unless an easement encroachment and joint use agreement has been
approved in accordance with the procedures contained in this Section.
1. The applicant must submit a written application on forms furnished by the City, together with the
appropriate filing fee, stating the reason for the proposed encroachment. Said application must
contain the signature of the property owner or legal agent of the property owner where the
encroachment is proposed or of the property that is adjacent to the right-of-way where the
encroachment and joint use is proposed.
2. The applicant must provide a metes and bounds description indicating the exact location of the
encroachment and a plot plan showing the nature of the improvements proposed within the
encroachment area.
3. The application must include written documentation signed by all public utility companies, including
the City of Colleyville Public Works Department, indicating their consent to the encroachment and
joint use of the easement or right-of-way. All public utility companies must approve the encroachment
request before any consideration is given by the City of Colleyville.
4. No notification of adjacent properties is required unless, the City Manager, or designated official,
determines that the encroachment or joint use has a direct impact on the adjacent properties.
5. An application requesting an easement encroachment may be approved by the City Manager or other
designated official. Applications requesting a right-of-way encroachment require approval by the City
Council.
6. Upon approval of the request, documents shall be filed in the Tarrant County Deed Records.
7. The application fee shall be set by separate ordinance approved by the City Council.
Section 8 – 190 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number Date Subject
O-00-1261 12/19/00 Incomplete Submittals / DRC Review
O-01-1280 08/08/01 Easement & right-of-way encroachments
O-06-1566 02/21/06 Comprehensive Chapter Revisions
O-14-1906 01/21/2014 Revisions to Approval Authority and Plat Classifications
Exhibit "A"
SPEAKER CARD
Date: //,9 / , /1-7
Agenda Item Number:
For example: 5a (this can be found on the far left side of the agenda copy)
I will speak In Support of this item. ZI-will
speak In Opposition to this item.
P
I do not wish to speak, but please record my: support opposition
Name�e,,c. Li Y9 -WOW 1 /1 (l
Address: 3--- (7D //a0/ X • ( / /l ii-e-
City.
/
I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda
as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open
Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking
under the " en's Comments se tion of the agenda.
c
Signed: (e
i
This information is a Public Record
bSPEAKER CARD
Date: Z fr3
Agenda Item Number: C'
For example: 5a (this an found on the far left side of the agenda cony)
I will speak In Support of this item. I will speak In Opposition to this item.
t Ldo not wish to speak, but please record my: support opposition
Name: Li.
�Jfw
Address: Lt°c c3 wu'AtcA.1. 1 �k t45, City: p\ c j Q
I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda
as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open
Meeti• •s<IL apter 551 • he Te as Local Government Code. This includes persons speaking
under h= n omment �► f the agen. .
.i1/Signed: �A ��
This information is C Public Record
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 7 Agenda Date 01/21/2014
Type Report
Department Community Development
Title
Colleyville Sidewalks Committee Meeting Minutes - April 23, 2013
Planning and Zoning Commission Meeting Minutes - November 25, 2013
Attachments
1.Colleyville Sidewalks Committee Meeting Minutes - April 23, 2013
2.Planning and Zoning Commission Meeting Minutes - November 25, 2013
City of Colleyville
Colleyville Sidewalks
Committee
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, April 23, 2013
4:00 p.m.
Executive Conference Room
Third Floor, City Hall
1. CALL TO ORDER
The Colleyville Sidewalks Committee was called to order by Chair Jeff Ground on April
23, 2013 at 4:05 p.m.
ROLL CALL
Present: Jeff Ground, Joy Lee, Ida Munson, Luann Edwards, Gail Manion
Staff Present: Bob Lowry, Jeremy Hutt, Dixie Smith
2. APPROVAL OF MINUTES
February 26, 2013
Luann Edwards moved to approve the minutes of the February 26, 2013 Committee
meeting with a correction to the spelling of LuAnn to Luann in the first paragraph
under Item 3d. Ida Munson seconded the motion. The motion passed unanimously.
3. REGULAR AGENDA ITEMS
3a Discussion and consideration of adding language to the current
Supplemental Sidewalk System Map
Joy Lee moved to approve a recommendation to City Council to amend the approved
2008 Supplemental Sidewalk System Map to allow an escrow option for sidewalks
that are required to be built on unimproved streets. Jeff Ground seconded the
motion. The motion passed unanimously.
3b Discussion and consideration of citizens’ comments
Committee members and City staff discussed and considered sidewalk comments and
requests from citizens. Committee members requested that letters be sent to the
citizen addressing his or her sidewalk comment/request. Jeff Ground, Chair, was
designated to sign the letters as the representative for the Colleyville Sidewalks
Committee.
City of Colleyville Page 1
Sidewalks Committee Minutes - Draft February 26, 2013
3c Discussion and consideration of Peter’s Path and David Lane sidewalks
Luann Edwards moved to approve a recommendation to City Council to construct
sidewalks to fill in the gaps to connect Peter’s Path and David Lane to John McCain
Road. Gail Manion seconded the motion. The motion passed unanimously.
3d Discussion and consideration of a sidewalk on SH121 at Hall’s Wine &
Spirits
Committee members discussed and considered the request for a sidewalk on SH121
in front of Hall’s Wine & Spirits. The Committee recommended that the request be
passed on to TxDOT due to right-of-way and exit ramp issues.
3e Update on FY2012 sidewalk projects
Jeremy Hutt, City Engineer, gave an update of the FY2012 sidewalk projects and
reported that the projects should be completed this summer.
3f Discussion and consideration of FY2013 sidewalk projects
Jeff Ground, Chair, encouraged Committee members to bring forth sidewalk projects
that would meet the criteria of connectivity, constructability and cost.
4. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
There were no citizen comments/presentations regarding items not on the agenda.
5. ADJOURNMENT
Gail Manion moved to adjourn the meeting at 5:42 p.m. Luann Edwards seconded
the motion. The motion passed unanimously.
The minutes were written and prepared by:
Dixie S. Smith
Administrative Secretary
The meeting minutes were approved on December 10, 2013 by a vote of 5-0.
City of Colleyville Page 2
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, November 25, 2013 City Council Chambers
CALL MEETING TO ORDER
The Planning and Zoning Commission meeting of the City of Colleyville was called
to order by Vice-Chairman Knox on November 25, 2013 at 7:05 p.m.
Roll Call
Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Jim
Gotcher Don Davis, and David Phelps
Absent: Chairman Jeff Byerly
Staff Present: Ron Ruthven, Mary Elliott, and Matthew Boyle (City Attorney)
1. APPROVAL OF MINUTES
Commissioner Phelps made a motion to approve the minutes as
written. Commissioner Tornes seconded.
The motion to approve the minutes as written carried by the
following vote:
Aye: 6 – Knox, Tornes, Wheelwright, Gotcher, Davis, and Phelps
2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA AS A PUBLIC HEARING ITEM
There were no citizen comments/presentations regarding items not on the
agenda as a public hearing item.
3. PUBLIC HEARING AGENDA ITEMS
3a Request for an amendment to the Special Use Permit for a Package
Store development requirements for Lot 2, Block 1, of the Glade
Points Addition located at 4200 Glade Road, Case ZC13-018
Ron Ruthven presented the case and briefed the Commission.
Commissioner Wheelwright questioned staff regarding whether this
was the only package store in the City that has a freeway pole sign;
and does the sign meet code as it is today? Ron Ruthven replied
Planning and Zoning Commission
Commission
Minutes November 25, 2013
City of Colleyville Page 2
correct.
Commissioner Tornes questioned staff regarding if other package
stores were permitted to have pole signs or are they only permitted
along State Highway 121? Ron Ruthven replied freeway pole signs
were only permitted along a freeway.
The public hearing was opened at 7:10 p.m.
Charlie Hall, the property owner and applicant, came forward and
briefed the Commission.
There being no one else wishing to speak, the public hearing was
closed at 7:12 p.m.
Commissioner Davis made a motion to approve Case ZC13-018
with the condition that the sign may only be three (3) feet by
six (6) feet. Commissioner Gotcher seconded.
The motion to approve Case ZC13-018 with the condition that
the sign may only be three (3) feet by six (6) feet was carried
by the following vote:
Aye: 6 – Knox, Tornes, Wheelwright, Gotcher, Davis, and Phelps
4. ADJOURNMENT
The meeting adjourned at 7:14 p.m.
The minutes were written and prepared by:
Taci Wrisley
Planning and Zoning Assistant
The meeting minutes were approved on December 9, 2013 by a vote of 7-0.
RESOLUTION R-14-3713
A RESOLUTION APPROVING CITY COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
CITY COUNCIL MEETING OF
JANUARY 21, 2014
WHEREAS,City Council has taken action on certain items on the agenda
under Business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.THAT the agenda decisions approved by City Council action
under Business this date and not otherwise adopted by
Ordinance and/or separate Resolution as follows are hereby
adopted:
a.THAT
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ____ AYES, ____ NAYS, AND ____ ABSTENTIONS
ON THIS THE 21ST DAY OF JANUARY 2014.
ATTEST:CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor