HomeMy WebLinkAboutOrdinance No. 03-1433 CITY OF THE COLONY, TEXAS
ORDINANCE NO. O~~ J~..~'~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS AMENDING APPENDIX B, SECTION 4 OF THE CITY
OF THE COLONY'S SUBDIVISION REGULATIONS BY PROVIDING A
NEW SECTION 4.1 FOR THE CREATION OF A DEVELOPMENT
REVIEW COMMITTEE OF THE CITY OF THE COLONY; PROVIDING
FOR THE APPOINTMENT OF MEMBERS; PROVIDING FOR DUTIES
OF THE COMMITTEE; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PUBLICATION CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas (the "City"), located in Denton County,
Texas, is a Home Rule Municipality possessing the full power of local self government as
provided by Article XI, Section 5 of the Constitution of the State of Texas, Section 51.072 of the
Texas Local Government Code and its Home Rule Charter; and
WHEREAS, the City Council has determined that the creation of a Development Review
Committee (the "DRC") for the City of The Colony will further enhance the review and
processing of development related applications and the implementation of land use policies so as
to promote a high quality of growth and development in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS;
SECTION 1
CREATION OF DEVELOPMENT REVIEW COMMITTEE
There is hereby created a DRC for the City of The Colony, which shall be known as the
City of The Colony DRC. The DRC is established to provide a coordinated and centralized
technical review process for all developments required to comply with the requirements of this
ordinance.
SECTION 2
MEMBERSHIP
The members of the committee shall be composed of City Staff from various departments
that have an interest in the development review and approval process, as designated by the City
Manager. Others may attend the DRC meetings at the invitation of the Committee.
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SECTION 3
GENERAL RESPONSIBILITIES OF THE COMMITTEE
(i) The Director of Development Services or his designee shall serve as the chairperson and
be responsible for establishing and coordinating the DRC procedures.
(ii) The DRC shall serve exclusively to provide guidance and recommendations to the
Planning and Zoning Commission and the City Council on all development applications
and other development related matters.
(iii) The DRC shall be the first step in the review of development applications for any
proposed development within the corporate limits of The Colony and the extraterritorial
jurisdiction of The Colony.
(iv) The DRC shall be responsible for providing applicants, property owners and developers
with general information pertaining to but not limited to subdivision and zoning
regulations, thoroughfare and public infrastructure improvements, parks, development
fees, and all other matters related to land use planning and land development.
(v) The DRC shall be responsible for making recommendations on the application and
interpretation of guidelines, policies, standards and requirements of City codes and
ordinances. The Committee may require by this ordinance, any additional information
which is reasonable necessary to review and determine whether the proposed
development and facilities meet the requirements of the City of The Colony Codes of
Ordinances, standards, policies and guidelines.
(vi) The DRC shall be responsible for reviewing and making recommendations relating to the
promulgation and amendment of policies, guidelines, standards and ordinances relating to
The Colony's land use planning and land development process.
SECTION 4
CUMULATIVE REPEALER CLAUSE
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the
provisions of such Ordinances except for those instances where there are direct conflicts with the
provisions of this Ordinance. Ordinances, or parts thereof, in force at the time this Ordinance
shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent
that they are inconsistent with this Ordinance. Provided however, that any complaint, action,
claim or lawsuit which has been initiated or has arisen under or pursuant to such other
Ordinances on the date of adoption of this Ordinance shall continue to be governed by the
provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and
effect.
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SECTION 5
SEVERABILITY
The provisions of this Ordinance are severable. However, in the event this
Ordinance or any procedure provided in this Ordinance becomes unlawful, or is declared
or determined by a judicial, administrative or legislative authority exercising its
jurisdiction to be excessive, unenforceable, void, illegal or otherwise inapplicable, in
whole or in part, the remaining and lawful provisions shall be of full force and effect and
the City shall promptly promulgate new revised provisions in compliance with the
authoritys decision or enactment.
SECTION 6
SAVINGS CLAUSE
All rights and remedies of the City of The Colony, Texas are expressly saved as to any
and all violations of the provisions of any other ordinance affecting development and
land use which have secured at the time of the effective date of this Ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the court.
SECTION 7
PUBLICATION CLAUSE
The City Secretary of the City of The Colony is hereby directed to publish in two
issues of the Official newspaper of the City of The Colony, the Caption and Effective
Date clause of this Ordinance as required by the Texas Local Government Code.
SECTION 8
ENGROSSMENT AND ENROLLMENT
The City Secretary is hereby directed to engross and enroll this Ordinance by
copying the exact Caption, Publication Clause, and Effective Date clause in the minutes
of the City Council and by filing this Ordinance in the Ordinance records of the City.
SECTION 9
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage in accordance
with law.
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IT IS SO ORDAINED.
PASSED A-ND APPROVED by the City Council of the City of The Colony,
Texas, this the ~0~day of
Bemett~'Henville-Shannon, Mayor
Patti A. Hicks, TRMC, City Secretary
(SEAL)
APPROVED AS TO FORM:
o~P~. 'Hikel, CitfAtt~me37 -~
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