HomeMy WebLinkAboutOrdinance No. 2016-2197CITY OF THE COLONY, TEXAS
ORDINANCE NO. "ZOl(P- 2-t017
ZONING ORDINANCE AMENDMENT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING
ORDINANCE, APPENDIX A, SECTION 17, SITE PLAN APPROVALS
AND SPECIAL DEVELOPMENT STANDARDS REGARDING
EXTERIOR BUILDING MATERIALS ALLOWED IN THE SINGLE
FAMILY (SECTION 17-106), MULTIPLE FAMILY AND NON-
RESIDENTIAL ZONING DISTRICTS (SECTION 17-106.1); 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. 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 17, of the Comprehensive Zoning Ordinance of
the City of The Colony, Texas, entitled "Site Plan Approvals and Special Development
Standards," is hereby amended by amending Section 17-106 and Section 17-106.1 as follows:
(17-106) With respect to residential subdivision developments in the SF -1, SF -2, SF -3 and SF4
districts, the city desires that buffer zones, between the residential subdivision and public
property be addressed for the purpose of decreasing visual blight and noise to the residential
subdivision. No houses in said districts shall have the same front elevations within five (5)
houses of each other on the same side of the street. Developments in said districts shall have a
minimum seventeen -foot easement with a ten -foot minimum paving width and a maximum of
seven hundred twenty (720) feet in length without access. All exterior walls of the main
residential structure shall be a minimum of seventy (70) percent kiln fired brick, natural and/or
manufactured stone, and 3 -step stucco process construction below the fust floor plate line,
exclusive of doors and windows. Bfiek Fired brick, natural and/or manufactured stone, and 3 -
step stucco process types may not be the same on any adjacent house located on the same side of
the street.
(17-106.1) All exterior walls of primary buildings and structures located in the multiple family
and non-residential zoning districts shall be a minimum of seventy five (75) percent kiln fired
brick, brick veneer, natural and manufactured stone, granite, marble, architectural concrete
block, and 3 -step stucco process for all structures exclusive of doors and windows. A minimum
of two (2) colors must be used on each elevation. Eighty percent (800/9) of each elevation must
utilize natural and/or earth tone colors. In addition, each elevation may have twenty percent
(20%) of another type of color if opted.) Other exterior construction materials for nonresidential
structures are tilt wall concrete panels, and sealed and painted concrete block. Synthetic stucco
(such as exterior finish and insulation system (EFIS) may be utilized as an architectural accent
material, not to exceed ten percent (10%) of the exterior surface of any building facade. Glazing,
doors, windows and door frames, roof system trim, mansards, and similar visible exterior
architectural treatments shall be made of materials which complement construction material.
When rear facades are visible from adjoining properties and/or a public right-of-way, they shall
be of a finished quality and consist of colors and materials that blend with the remainder of the
building's primary facade(s). Multiple family and non-residential districts shall include,
townhouse dwelling, multi -family 1, multi -family 2, multi -family 3, multi -family 4, office 1,
office 2, neighborhood service, shopping center, general retail, light commercial, heavy
commercial, industrial, business park and planned development districts designated for multiple
family and non-residential uses.
SECTION 3. 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 4. 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 5. That any person, firm or corporation violating a provision of this
Ordinance, upon conviction, is guilty of a misdemeanor and shall be subject to a fine in the sum
not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues.
SECTION 6. That 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 2°d day of February, 2016.
J e
Mccodrry, Mayor
ATTEST:
Christie Wilson, City Secretary
APPROVED AS TO FORM: SEAL
City Attorney