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HomeMy WebLinkAboutOrdinance No. 2014-2079 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2014- . x' `re e" DENIAL OF APPLICATIONS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, APPENDIX A, SECTION 24-101, BY AMENDING SUBSECTION (E); REQUIRING AN APPLICATION WHICH IS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION FOR DENIAL SHALL NOT BE FORWARDED TO THE CITY COUNCIL UNLESS THE APPLICANT FILES A WRITTEN APPEAL WITH THE CITY SECRETARY WITHIN TEN (10) CALENDAR DAYS FOLLOWING THE PLANNING AND ZONING COMMISSION'S DECISION; AMENDING THE CODE OF ORDINANCES, APPENDIX A, SECTION 24-101, BY ADDING A NEW SUBSECTION (H); ESTABLISHING A ONE (1) YEAR WAIT PERIOD FOR FILING A NEW ZONING, REZONING, OR TEXT AMENDMENT APPLICATION FOLLOWING A CITY COUNCIL DENIAL OF A ZONING, REZONING, OR TEXT AMENDMENT APPLICATION BY PROPERTY OWNER OR CITIZEN; PROVIDING FOR THE ABILITY OF CITY COUNCIL TO WAIVE THE ONE (1) YEAR WAITING PERIOD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; 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(d) of the Code of Ordinances of the City of The Colony, Texas, provides the following "[a] public hearing shall be held by city council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given per the publication policy of the city, stating the time and place of such hearing, and shall be published a minimum of 15 days prior to the date of the public hearing;" and WHEREAS, the Plam- ing 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. That 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 24-101, of the Comprehensive Zoning Ordinance of the City of The Colony, Texas, entitled "Procedure" is hereby amended by amending subsection (e) which shall read as follows: "(e) If a proposed change has been recommended by the planning and zoning commission for denial, or if a protest against such proposed amendment, supplement or change has been filed with the city secretary, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the lots included in such a proposed change or those immediately adjacent in the rear thereof extending 200 feet therefrom or those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendments shall not become effective except by a 3/4 vote of the city council. An application which is recommended by the plamiing and zoning commission for denial shall not be forwarded to the City Council unless the applicant files a written appeal with the City Secretary within ten (10) calendar days after the planning and zoning commission's decision. Upon notice of appeal, the application will be forwarded to the City Council along with the planning and zoning commission's reasons for denial of the request. The appeal shall be scheduled for the next possible City Council agenda, following appropriate public notifications. Ultimate approval of any zoning request which was recommended for denial by the planning and zoning commission will require a three-fourths (3/4) majority vote of the full City Council. No zoning change, however, shall become effective until after the adoption of an ordinance by the City Council for same and its publication as required by law." SECTION 3. That Appendix A, Section 24-101, of the Comprehensive Zoning Ordinance of the City of The Colony, Texas, entitled "Procedure" is hereby amended by adding a new subsection (h) which shall read as follows: "(h) If the City Council denies the zoning, rezoning, or text amendment request, then no other zoning application may be filed for all or part of the subject tract of land, or for that portion of the Zoning Ordinance, in the case of a text amendment request submitted by a property owner or citizen, for a period of one (1) year following the denial. Where the request was initiated by the City and involved a proposed amendment to the text of the Zoning Ordinance, a waiting period is not required before the request can be reconsidered. The City Council may, at its option, waive the one-year waiting period." SECTION 4. 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. SECTION 5. 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 6. 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 day of 2014. Joe'McCourry, Mayor ATT SST: Christie Wilson, City Secretary T APPROVED AS TO FORM: y V Jeff Moore, City Attorney TE X A~