HomeMy WebLinkAboutOrdinance No. 2014-2038
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2014-2038
HOTELS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING
ORDINANCE, APPENDIX A, SECTION 10-100, ENTITLED "SCHEDULE
OF USES BY DISTRICT," BY AMENDING THE USE CHART TO
ADDRESS MOTEL, LIMITED SERVICE HOTEL, AND FULL SERVICE
HOTEL USES WITHIN THE CITY OF THE COLONY, TEXAS;
AMENDING APPENDIX A, SECTION 10-300 ENTITLED "DEFINITIONS
AND EXPLANATIONS APPLICABLE TO USE SCHEDULE," BY
AMENDING SUBSECTION (8), ENTITLED "HOTEL OR MOTEL" BY
DEFINING THE USE "MOTEL"; AMENDING APPENDIX A, SECTION
10-300 ENTITLED "DEFINITIONS AND EXPLANATIONS APPLICABLE
TO USE SCHEDULE," BY ADDING A NEW SUBSECTION (219),
ENTITLED "LIMITED SERVICE HOTEL" BY DEFINING THE USE
"LIMITED SERVICE HOTEL"; AMENDING APPENDIX A, SECTION
10-300 ENTITLED "DEFINITIONS AND EXPLANATIONS APPLICABLE
TO USE SCHEDULE," BY ADDING A NEW SUBSECTION (220),
ENTITLED "FULL SERVICE HOTEL" BY DEFINING THE USE "FULL
SERVICE HOTEL"; AMENDING APPENDIX A, BY ADDING A NEW
SECTION 10-2400 ENTITLED "HOTELS" BY ADDRESSING THE
REGULATIONS FOR LIMITED SERVICE HOTELS AND FULL
SERVICE HOTELS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A
FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR
EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 211.006(a) of the Texas Local Government Code requires the City
of The Colony, Texas, to publish notice of a public hearing concerning a zoning amendment
before the 15th day before the date of the public hearing; and
WHEREAS, Appendix A, Section 24-101(4) of the Code of Ordinances of the City of
The Colony, Texas, provides the following, "[a] public hearing shall be held by the governing
body before adopting any proposed amendment, supplement or change. Notice of such hearing
shall be given by publication in a newspaper of general circulation in the City of The Colony
stating the time and place of such hearing which time shall not be earlier than fifteen (15) days
from the date of publication;" and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of
Ordinances of the City of The Colony, Texas, have given the requisite notices by publication and
otherwise, and have held due hearings and afforded a full and fair hearing to all property owners
generally and to all persons interested, and the City Council of the City of The Colony, Texas, is
of the opinion and finds that said changes should be granted, and that the Code of Ordinances
should be amended.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That Appendix A, Section 10-100, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Schedule of Uses by District," is hereby
amended by amending the following use to said use chart, which shall read as follows:
Section 10-100, Schedule of Uses
Ln 0 a o O Z N C~7 2 - m
8 Motel N N N N N N N N N N N N N N N N N N
219 Limited Service N N N N N N N N S N N N N S S S N S
Hotel
220 Full Service N N N N N N N N N N N N N
Hotel
SECTION 3. That Appendix A. Section 10-300, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Definitions and explanations applicable to
use schedule," is hereby amended by amending subsection (8) entitled "Hotel or motel," which
shall read as follows:
"(8) Motel. A building designed for the overnight or temporary lodging accommodations
for travelers containing six (6) or more guest rooms or units for compensation on a daily
rate providing basic services such as linen, maid service and the use of furnishings with
exterior entries to rooms. The term excludes hotels of any kind."
SECTION 4. That Appendix A, Section 10-300, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Definitions and explanations applicable to
use schedule," is hereby amended by adding a new subsection (219) entitled "Limited Service
Hotel," which shall read as follows:
"(219) Limited Service Hotel. A building designed for the temporary overnight or
temporary lodging accommodations for travelers containing six (6) or more guest rooms,
suites or units for compensation on a daily rate providing basic hotel services such as
linen, maid service and the use of furnishings."
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SECTION 5. That Appendix A, Section 10-300, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Definitions and explanations applicable to
use schedule," is hereby amended by adding a new subsection (220) entitled "Full Service
Hotel," which shall read as follows:
"(220) Full Service Hotel. A building designed for the overnight or temporary lodging
accommodations for travelers, having guestrooms or suites for compensation on a daily
rate to the general public and providing services and amenities beyond basic linen, maid
service and the use of furnishing, such as restaurants, bars, conference rooms, reception
areas and recreational facilities."
SECTION 6. That Appendix A, Section 10, of the Comprehensive Zoning Ordinance of
the City of The Colony, Texas, entitled "Use of Land and Buildings" is hereby amended by
adding a new section (10-2400) entitled "Hotels," which shall read as follows:
"10-2400. Hotels. The following regulations shall apply to hotels:
(a) Limited Service Hotels shall include the following amenities:
(1) A minimum of 700 square feet of meeting room space;
(2) Limited food and beverage service, including breakfast buffer service;
(3) Guest room access from an interior hallway;
(4) Minimum of 400 square feet of pool surface area;
(5) Attached covered drive-through area adjacent to the hotel lobby or reception area;
and
(6) Parking at a ratio of 1 space per guest room.
(b) Full Service Hotels shall include the following amenities:
(1) A minimum of 100 guest rooms and/or suites;
(2) A minimum of 4,000 square feet of meeting room space;
(3) A minimum of one (1) restaurant which provides three (3) meals per day with on-
site preparation and service provided by wait staff, hostesses, etc. and seating for
a minimum of thirty (30) customers;
(4) Guest room access from an interior hallway;
(5) Minimum of 800 square feet of pool surface area;
(6) Attached covered drive-through area adjacent to the hotel lobby or reception area;
and
(7) Parking at a ratio of 1.25 spaces per guest room."
SECTION 7. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance; and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
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SECTION 8. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 9. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 10. This Ordinance shall become effective from and after its date of passage
in accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 7"' day of JANUARY, 2014.
/ ,-7
Joe McCcurry,
ATTES
hristie Wilson, City Secretary
SE
APPROVED AS TO FORM:
IN, , .
,y1 r 7t
J,~
Jeff Moore, City Attorney
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