HomeMy WebLinkAboutOrdinance No. 2026-2642CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2026
ZONING TEXT AMENDMENT- MINOR WAIVERS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, AMENDING APPENDIX A, SECTION 10A OF THE CODE OF
ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY AMENDING
SECTION 10A-500, GATEWAY STANDARDS WAIVER PROCEDURES
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(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 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 the Code of Ordinances of the City of The Colony, Texas, is
hereby amended by amending Appendix A, Section 10A of the Code of Ordinances of the
City of The Colony, Texas, by amending Section 10A-500, Gateway Standards Waiver
Procedures which shall read as follows:
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o "The required 10 -foot wide perimeter landscape buffer between adjacent
properties may be reduced to five feet when abutting a property of a different
zoning or land use, provided the design of said buffer can accommodate an
increase of buffer materials at a rate 1.5 times the original required or a
dense hedge row designed for maximum opacity and screening no less than
six feet in height.
o Dumpster enclosures may be designed with alternative screening materials
including board on board fencing provided the following requirements are
met:
• proposed location is greater than 150' from the primary R.O.W.
• Plantings in accordance with 10A-1300(1) are provided.
• Proposed enclosure design provides screening to the highest or
tallest point of the dumpster or refuse container.
o Landscaping for monument signs as reflected in Section 1 OA -700 (c)(10) may
be substituted for any one of the amenity choices reflected in Section 10A-
700 Table 2"
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. 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 6. This Ordinance shall become effective from and after its date of
passage in accordance with law.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, THIS 17th DAY OF MARCH 2026.
Robyn Holtz, "?l
City of The CoL r
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary ?
APPROVED AS TO FORM: •�•''-'•°`•R
Jeffrey L. i oore, City Attorney
mayor Pro Tem
, Texas