City of Colleyville - Procedure for Requesting a Zoning Change

Procedure for Requesting a Zoning Change

Zoning establishes the types of land uses permitted on specific tracts of land. Colleyville is divided into various zoning districts for the purpose of regulating the use of land. Within each zoning district, the text of the zoning regulations specifies the permitted uses, maximum building heights, the required yard set-backs, the necessary off-street parking, and other development standards. The zoning regulations vary among the various zoning districts, but the regulations are uniform within each zoning district. Zoning is one of the several tools to use in implementing the City's long range Master Plan.

Chapter 211 of the Texas Local Government Code authorizes municipalities to adopt zoning regulations. Colleyville’s zoning regulations are contained in Chapter 3 of the Colleyville Land Development Code. The boundaries of the various zoning districts are found on the Official Zoning Map of the City of Colleyville.

The zoning designation of a piece of property can change only after a public hearing process. This process allows public participation from the applicant, interested citizens, and appointed and elected officials. The process requires public notification, public hearings, and final approval by the City Council.

When the owner of a property in Colleyville wants to use the property in a manner that is prohibited by the current zoning, he or his representative must request a change in the zoning designation to a zoning district that permits the desired use. Rezoning applications are available from the Community Development Department. The following general information is required on all rezoning applications. Additional information may be necessary for specific types of rezoning proposals, such as a planned development of a special use permit.

· Completed application form from the Community Development Department

· Legal description of the property being rezoned

· Requested zoning and proposed use

· Acreage

· Applicant’s signature and phone number

· Property owner’s signature and phone number

Upon submittal of the initial rezoning application, required exhibits and payment of the rezoning fee, City staff begins the review and notification process. The rezoning request is reviewed by the Colleyville Development Review Committee. This City staff committee performs a technical review and makes comments of the rezoning proposal. The applicant may be requested to attend the Development Review Committee meeting to further explain the rezoning proposal. The technical review comments are provided to the applicant for response.

All property owners within 200 feet of the proposed zoning change are notified of the date, time and location of the public hearing regarding the request. A rezoning sign is posted on the property.

The Planning and Zoning Commission generally meets on the second and fourth Mondays of the month at 7:00 p.m. in the City Hall, 100 Main Street, to hear rezoning requests. The Planning and Zoning Commission conducts a public hearing, discusses the request, and then votes to recommend approval or denial of the rezoning request. Occasionally, the Commission may table the request to allow the applicant to provide additional information regarding the request.

The Commission’s vote is only a recommendation to the City Council and does not constitute the final decision of a rezoning request. Recommendation for approval of a rezoning request is automatically forwarded to the City Council for consideration. A recommendation for denial of a rezoning request will only be considered by the City Council if the applicant provides a written request within ten days after the Commission’s vote to appeal the decision to the City Council.

All rezoning requests considered by the City Council require public hearings at two consecutive meetings. At the second meeting, the Council will vote to approve, deny or table the case.

During the public hearings, the applicant and all proponents and opponents of the proposed change are given an opportunity to be heard by the Commission. In addition, the Community Development Department may receive letters in support of or in opposition to the rezoning request from property owners surrounding the subject property.

The rezoning process from submission of an application to final action by the City Council typically takes 10 to 12 weeks.

The following is a list of the current rezoning application fees.

Zoning Change $500 + $5 per acre

Planned Unit Development (PUD) $500 + $5 per acre

Amendment to an existing (PUD)
to add, delete or change a
special condition $250

Special Use Permit (SUP) $500 + $5 per acre

SUP Residential Accessory
Building $175

SUP Residential Carport $175

SUP Alcoholic Beverage Sale $500

Wednesday, October 8, 2008