The regulations and restrictions imposed by this Land Development Code and the districts and boundaries created by the Official Zoning Map may be amended from time to time using the procedures provided in this section.

A.

Amending a Subdivision Plat Regulation. A subdivision plat regulation as contained in Chapters 8, 9, 10, 11, 12, 14 and 15 of this Land Development Code may be amended upon adoption of an ordinance approved by the City Council after public hearing. Notice of said public hearing to be given in a newspaper having general circulation in the city not less than fifteen (15) days prior to the hearing. The City Council may request the recommendation of the Planning and Zoning Commission on any proposed amendment to a plat regulation. Said amendment shall be additionally subject to the standard rules, regulations and procedural requirements established in Chapter 212, Local Government Code and Article VI [of the] Charter of the City of Colleyville.

B.

Amending a Zoning Regulation or the Official Zoning Map. The City Council may from time to time amend, supplement, change, modify or repeal the regulations and restrictions imposed in Chapter 1, General Provisions; Chapter 2, Definitions; or Chapter 3, Land Use, of this Land Development Code, and the districts and boundaries described on the Official Zoning Map, using the procedures described in this section. Such amendment shall additionally be subject to the rules and procedures in Chapter 211, Local Government Code, and Article VI of the Charter of the City of Colleyville.

1.

Zoning Regulation Amendments. Any person or corporation may petition the City Council for a change or amendment to the provisions of these regulations; or the Planning and Zoning Commission or City Council may, on its own motion, initiate study and proposal for changes or amendments to a zoning regulation in the public interest.

2.

Zoning District Boundary Changes. Any person or corporation having a proprietary interest in a parcel of land may request a change in zoning on such property; or the Planning and Zoning Commission or City Council may, on its own motion, initiate proceedings to consider a change in zoning on a parcel of land. All requests for a change in zoning shall be submitted, together with the required fee, to the Administrative Official, which officer shall cause notices to be sent and the request placed on the Planning and Zoning Commission agenda. Only one application for a zoning change will be considered at any one time on a parcel of land. No additional rezoning application on a parcel of land will be considered until final action of any pending application has been completed, subject to the time limits imposed elsewhere in these regulations.

3.

Fees. Until all applicable fees, charges, expenses and delinquent city, county, and school taxes have been paid in full, no action shall be taken on any zoning application. No refund of any application fee shall be made after the request has been scheduled for consideration by the Commission.

4.

Commission Public Hearing and Written Notification. Before making report of an application for a planned development, special use permit, or proposed amendment to a zoning regulation or zoning district boundary, the Planning and Zoning Commission shall hold a public hearing and receive comment in accordance with the following:

a.

No less than fifteen (15) days' notice of the time, place and nature of the public hearing shall be published in publication having general circulation in the city of Colleyville.

b.

When a proposed change affects a specific tract of land, written notice of the public hearing shall be sent to all owners of real property lying within five hundred (500) feet of the property and all Homeowner's Associations (HOAs) lying within one thousand (1,000) feet of the property being considered. Such notice to be given to each property owner as listed on the last approved tax roll not less than fifteen (15) days before the day set for hearing by depositing letters properly addressed and postage paid in the United States Post Office. The applicant will be sent notice by certified mail. The land area within 200 feet of the proposed request shall be used to calculate whether a protest against the request would require a super-majority vote of the City Council to approve the request.

i.

Alcohol and Package Store SUP Requests. When a rezoning application includes a provision for a Special Use Permit for the sale of alcoholic beverages or a package store, the written notification of the public hearing stated in the preceding paragraph shall be sent to all owners of real property lying within five hundred (500) feet of the area being considered. The land area within 200 feet of the proposed Special Use Permit shall be used to calculate whether a protest against the request would require a super-majority vote of the City Council to approve the Special Use Permit.

5.

Sign Posting. The Administrative Official is directed to cause a sign to be placed upon the property clearly visible to passersby, which states that the property is the subject of a rezoning application (or words of like intent). The sign shall be posted at least ten (10) days prior to the hearing and shall remain posted until the hearing. Failure to perform this particular notice provision shall, however, in no way prevent the Planning and Zoning Commission from hearing the application and disposing of the issues involved on the hearing date.

6.

Report of Commission. After a public hearing, the Planning and Zoning Commission shall vote on the proposal and report its recommendation to the City Council. The proposal. as recommended by the Commission, shall be place on the next available City Council agenda, provided proper notice has been given.

a.

Amended Proposals: The Planning and Zoning Commission may consider a request from the applicant to amend the proposal without additional notification of adjacent property owners, provided that the amended request is determined by the Commission as being more restrictive than the initial request and the boundary or content of the amended request is not expanded.

b.

Notice of Appeal: Denial of the proposal by the Planning and Zoning Commission shall be final, unless the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Commission. The Administrative Official shall re-notify all property owners lying within five hundred (500) feet of the property and all Homeowner's Associations (HOAs) lying within one thousand (1,000) feet of the property being considered and place the applicant's rezoning request on the next available agenda for consideration by the City Council.

c.

Failure to Act Provision: Failure by the Commission to act on an amendment within sixty (60) days of the first date of public hearing shall be considered a recommendation for denial of the amendment.

7.

City Council Public Hearing and Newspaper Notice. A zoning regulation or a zoning district boundary may be amended by the City Council upon adoption of an ordinance, but no amendment shall be made without public hearing before the City Council. No less than fifteen (15) days' notice of the time, place and nature of such hearing shall be published in publication having general circulation in the City of Colleyville. No amendment to a regulation or to a district boundary shall be considered by the City Council until a report of the proposed amendment has been made by the Planning and Zoning Commission. Unless denied by the Planning and Zoning Commission, every rezoning request receiving final approval of the Commission shall be forwarded to the City Council for consideration, unless the applicant has requested the proposal be withdrawn. The City Council may refer any amended rezoning request back to the Planning and Zoning Commission for further study and recommendation.

8.

Special City Council Voting Requirements. No change of which the Planning and Zoning Commission has recommended denial or in case of a protest against such change, signed by the owners of twenty (20) percent or more of either the area of lots or land included in such proposed change, or lots or land immediately adjoining same and extending two hundred (200) feet therefrom, filed with the City Secretary, shall be passed except by a favorable vote of three-fourths (¾) of all members of the City Council. In computing the percentage of land area, the area of streets and alleys shall be included in the computation.

9.

Withdrawal. Any proposal or application that is withdrawn by the applicant before a vote is considered by the City Council shall not be subject to the time limit for submittal of a new application.

10.

Time Limit for Re-submittal. No one shall request a zoning change on the same parcel of property more often than once every twelve (12) months. However, a request for a change of zoning of a parcel of property to a different zoning classification than that previously requested may be filed as frequently as desired.

11.

Submittal Requirements for Zoning District Change. Every petition for a zoning district change shall be accompanied by supporting documents of the area petitioned for a zone change. In general the petitioners shall submit a drawing and supporting documents as follows:

Concept Plan. The Concept Plan, which may be conceptual and general in nature, but in sufficient detail appropriate for the type of development being proposed and shall at a minimum include the following items, where applicable:

a.

Proposed layout, indicating the approximate size and dimensions of all residential lots.

b.

Proposed land uses and building locations.

c.

Landscaping, lighting, fencing and screening of common areas.

d.

General locations of existing tree clusters.

e.

Location and construction type of perimeter fencing.

f.

Design of ingress and egress with description of any special pavement treatments.

g.

Location and description of subdivision signs and landscaping at entrance areas.

h.

Street names on all proposed streets.

i.

Drainage Analysis. The applicant shall submit a Preliminary Drainage Analysis to determine the need for drainage facilities. The Preliminary Drainage Analysis shall be prepared in accordance with drainage analysis requirements contained in Chapter 14, Engineering Design Standards of the Land Development Code.

j.

For properties with significant slope, cross section exhibits shall be required showing the impact of the proposed development with adjacent properties.

Exception: A change of zoning application may be submitted and approved without a Concept Plan if the scale of the request does not justify preparation of the plan.

12.

Special Application Requirements. Site Plan and Supporting Documents Required. Every petition for a zoning district change to R-D, R-MF, MH, C-PO, CN, C-C and M-L and all Special Use Permit requests shall additionally be accompanied by a site plan and supporting documents of the area petitioned for a zone change. The purpose of the site plan is to illustrate the logical arrangement of the elements on the land and to show relationships of elements to each other.

The petitioner is encouraged to meet with the appropriate city staff member in an informal work session to ascertain the extent of plans and documents required, if any, prior to the City initiating the advertisement for public hearing on the petition. The Administrative Official may waive the site plan requirement altogether when appropriate.

The general type and extent of site plans and supporting documents which may be required of the petitioner include, but are not necessarily limited to:

a.

Site Plan, meeting all of the requirements of Section 3.31.D Site Plan Approval Required as described in the City's Land Use chapter, except that topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project petition. Additional site plan drawing information which the reviewing body may require include:

1.

Existing and proposed zoning district classifications and boundaries;

2.

General outline of extensive tree cover areas;

3.

Drainage ways and 100-year flood plain limits;

4.

Proposed treatment for screening the perimeter of the land embraced by the petition, including screening of internal separations of land use where required;

5.

Proposed internal non-vehicular circulation linkages, such as: pedestrian paths and hike trails; bike trails; and equestrian bridle paths, where applicable, including their interrelationships with vehicular circulation systems and proposed handling of points of conflict;

6.

A graphic illustration showing the location of proposed buildings, driveways and all physical elements and a tabular summary schedule indicating:

a)

The gross acreage and percent of each type of zoning category proposed;

b)

The gross acreage and percent of each type of land use proposed, with streets and open space categories listed separately, and residential uses further stratified as to type, i.e., single family, two-family, multifamily, townhouse, etc., including the total gross project acreage;

c)

The gross residential density of each type of residential land use proposed, expressed in dwelling units per acre; and based on net residential land use plus one-half of any abutting street, only;

d)

The quantitative number of dwelling units proposed for each residential dwelling type, i.e., single family, two-family, etc.;

e)

Proposed maximum lot coverage by building types (i.e., one-family, multifamily, commercial, office, industrial, etc.) expressed in terms of percent or floor area ratio of the lot or site.

b.

Architectural Drawings, such as elevations, concept sketches or renderings depicting building types and other significant proposed improvements including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant's land use and development proposals.

c.

Written Documents, in narrative form on 8½" × 11" sheets, including:

1.

Statement(s) on planning objectives to be achieved in the land use/development proposal, including a narrative description of the character of the proposed development and rationale behind the assumptions and choices made by the applicant, including use and ownership of open spaces, etc.

2.

Legal description of the total site area proposed for rezoning, development or special use permit.

3.

A development schedule, if any, indicating the approximate date(s) when construction of the proposed development, and subsequent stages or phases can be expected to begin and be completed, to the best of the applicant's knowledge and belief.

4.

A statement as to the present and proposed ownership of the site or parcels thereof embraced by the application.

5.

Statement(s) as to how and when the applicant proposes to provide water and sewer to the development.

6.

Signature(s) and title(s) of the applicant(s) and preparer(s) of the written documents certifying the information presented in all of the plans and supporting documents reflect a reasonably accurate portrayal of the general nature, character and feasibility of the applicant's proposals. All signatures will be dated.

13.

Traffic Impact Analysis. When a proposed development is projected to generate more than 1,000 vehicle trips per day, a traffic impact analysis shall be required with the rezoning request. The traffic impact analysis shall be prepared in accordance with the requirements of the Director of Public Services. The purpose of the traffic impact analysis is to determine the need for traffic mitigation measures which may include, but are not limited to, dedication of additional right-of-way, construction of turning lanes, or construction of traffic control facilities.

C.

Reserved.

D.

Amending all other Regulations. A regulation contained in any of the other Chapters of this Land Development Code that have not been previously mentioned may be amended upon adoption of an ordinance approved by the City Council after public hearing. Notice of said public hearing to be given in a newspaper having general circulation in the city not less than fifteen (15) days prior to the hearing. The City Council may request the recommendation of the Planning and Zoning Commission on any proposed amendment. Amendments shall be additionally subject to the standard rules, regulations and procedural requirements established in Chapter 51, Local Government Code and Article VI of the Charter of the City of Colleyville.

(Ord. No. O-03-1399, 4-15-03)

Any person, firm or corporation violating any of the provisions of this Land Development Code shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00), unless a lessor fine is provided for in the section of the Code so violated. Each and every day such violation continues shall constitute a separate offense and shall be punishable as such.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, engineer, planner, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

It is not intended by this Land Development Code to interfere with or abrogate or annul any other resolution or rule, regulation or permit, previously adopted or issued or which shall be adopted or issued, not in conflict with any of the provisions contained herein; nor is it intended by this Land Development Code to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this Land Development Code imposes a greater restriction upon land, buildings, or structures than is imposed by other ordinances, covenants, restrictions or agreements, then the provisions of this Code shall govern. If other ordinances are more strict than this Code, then the more strict provisions shall prevail.

All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only.

It is hereby declared to be the intention of the City Council of the City of Colleyville, that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, or section of this Code shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Code since the same would have been enacted by the City Council without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.

Editor's note— Beginning with Supp. No. 20, this table is no longer being maintained. See Land Development Code Comparative Table at the end of this Appendix.