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HomeMy WebLinkAboutOrdinance No. 06-1636 CITY OF THE COLONY, TEXAS ORDINANCE NO. (j)(P-/fs,3fp AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING APPENDIX A, ZONING, BY REPEALING SECTION 10-900 IN ITS ENTIRETY AND CREATING A NEW SECTION 10-900 PROVIDING NEW REGULATIONS FOR SPECIAL USE PERMITS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the current regulations for obtaining a Special Use Permit was established in 1981; and WHEREAS, it has become apparent that the current regulations do not take into consideration all the factors to be considered prior to the granting of a Special Use Permit; and WHEREAS, based thereon, the Planning & Zoning Commission has made a recommendation to the City Council to repeal the current Section 10-900 and to adopt new regulations for Special Use Permits; and WHEREAS, after consideration and discussion, the City Council hereby finds that Appendix A, Zoning Ordinance, should be amended by repealing Section 10-900 in its entirety and creating a new Section 10-900 providing new regulations for Special Use Permits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS; SECTION 1. The Code of Ordinances of the City of The Colony be, and the same is, hereby amended by amending Appendix A, Zoning, by repealing Section 10-900 in its entirety and creating a new Section 10-900 providing new regulations for Special Use Permits, which shall read as follows: "10-900 Special use permits. (10-901) General. Certain uses are permitted in each zoning district only by Specific Use Permit (SUP). This Subchapter provides standards by which applications for a Special Use Permit are to be evaluated. No Specific Permitted Use may be established, enlarged or altered unless the City Council first issues a Specific Use Permit under the Zoning Amendment Procedure detailed in Section 24. (10-902) Procedur~ Page 1 (a) The City Council, may, after public hearing and recommendation by the Planning and Zoning Commission, and after conducting a public hearing as is required for all amendments, except as noted below, to the zoning ordinance in accordance with the provisions of Section 24, authorized for specific parcels of land the issuance of a specific use permit in accordance with the provisions of the use schedule, 10-200, in those districts where it is indicated that a specific use permit for a specific type use may be approved. (b) A building permit or certificate of occupancy shall not be issued for any use that requires specific use permit in accordance with this section and section 10-200. ( c) The requirement of a specific use permit on the use schedule, 10-200, in a given district does not constitute an authorization or an assurance that such use will be permitted. Rather, each specific use permit application shall be evaluated based on the approval criteria in this section. (d) The procedure for amendment of a specific use permit shall be the same as for a new application; provided, however, that the director of the department of planning and community development may approve minor variations from the original permit which do not increase density, change traffic patterns or result in any increase in external impact on adjacent properties or neighborhoods. (10-903) Plan requirements. (a) An application for a Specific Use Permit may, but need not be, made concurrently with any required application for site plan review. (b) An application for a Specific Use Permit shall be filed with the Planning Department on a form prepared by the department. The application shall be accompanied by a site plan and land use description which, along with the application, will become a part of the Specific Use Permit, if approved. The accompanying site plan shall provide the following information: 1. Boundaries of the area covered by the site plan; 2. The location of each existing and proposed building structure in the area covered by the site plan and the number of stories, height, roofline, gross floor area and location of building entrances and exits; 3. The location of existing drainage and significant natural features; 4. Proposed landscaping and screening buffers; 5. The location and dimensions of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities and outside trash storage facilities; Page 2 6. The location, height and type of each wall, fence and all other types of screening; and, 7. The location, height and size of all proposed signs. (c) The Development Review Committee, Planning and Zoning Commission and/or City Council may request additional information be included on the site plan. (d) The land use description shall contain the following information: 1. Data describing all processes and activities involved with the proposed use. 2. Data describing the estimated taxable value of the proposed use. 3. Data describing the minimum number of employees associated with the proposed use and the minimum wage of the employees. (10-904) Processing fee. A person making application for a Specific Use Permit shall pay a fee in an amount determined and as from time to time amended by resolution of the City Council, a copy of which shall be on file with the planning department. (10-905) Approval Criteria. The Planning and Zoning Commission and City Council shall review and evaluate Specific Use Permit applications using the following criteria: 1. Conformance with the City of The Colony's Comprehensive Plan; 2. Conformance with applicable regulations and standards established by the Zoning regulations; 3. Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk and scale, setbacks and open spaces, landscaping and site development, access and circulation features, architectural compatibility; 4. Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent such impacts exceed those which reasonably may result from use of the site for a permitted use; 5. Modifications (including variance from property development regulations) to the site plan which would result in increased compatibility, would mitigate potentially unfavorable impacts, would be necessary to conform to applicable regulations and standards and would protect the public health, safety, morals and general welfare; 6. Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable and anticipated in the area, existing zoning and land uses in the area; Page 3 7. Protection of persons and property from erosion, flood or water damage, fire, noise, glare, air quality, generation of dust and odors, and similar hazards and impacts; 8. Location, lighting, and type of signs; the relation of signs to traffic control and adverse effect of sings on adjacent properties; 9. Adequacy and convenience of off-street parking and loading facilities; 10. Determination that the proposed use is in accordance with the objectives of these Zoning Regulations and the purpose of the zoning district in which the site is located; 11. Determination that the proposed use will comply with each of the applicable provisions of these Zoning Regulations; 12. Determination that the proposed use and site development, together with any modifications applicable thereto, will be compatible with existing or permitted uses in the vicinity; 13. Determination that any conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses in the same district and the surrounding area; and 14. Determination that the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. In authorizing a Specific Use Permit, the Planning and Zoning Commission may recommend and the City Council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community, including a time period for which a Specific Use Permit is valid. (10-906) Conditions. The conditions which the approval authority may impose include, but are not limited to the following. These conditions are in addition to the standards required in this Section. 1. Regulation and limitation of uses. 2. Regulation of setbacks and spacing. 3. Regulation offences and walls. 4. Requirement to submit a Development Plat, to insure the proper dedications and public improvements are made. 5. Regulation limiting the magnitude of traffic generated. 6. Regulation of points of vehicular and pedestrian ingress and egress. 7. Regulation of signs. 8. Regulation of building materials, textures, colors and architectural features. 9. Regulations of landscaping, including screening and buffering where necessary to increase compatibility with adjoining uses. 10. Regulation of noise, vibration, dust, odors or similar nuisances. 11. Regulation of hours of operation and the conduct of certain activities. Page 4 12. Regulation of the period oftime within which the proposed use shall be developed. 13. Regulation of the duration of use. 14. Regulation of any Environmentally Sensitive Areas. 15. Regulation of any site development condition. 16. Such other conditions as will make possible the development of the City in an orderly and efficient manner and in accordance with the provisions of this Chapter that are reasonable. (10-907) Revocation; Abandonment. (a) A Specific Use Permit shall be deemed revoked if the proposed use or phase does not possess an approved building permit within one year from date of approval, unless a longer period is approved by City Council. If the permit requires site plan review approval, the permit shall be deemed revoked if the use or phase is not developed within one year of the date of site plan being approved. (b) A Specific Use Permit may be revoked or modified, after notice to the property owner and a hearing before the City Council, for either of the following reasons: 1. The Specific Use Permit was obtained or extended by fraud or deception; or 2. The one or more of the conditions imposed by the permit has not been met or has been violated. (10-908) Public Hearings. The notification and public hearing process for a specific use permit or revocations thereof shall be the same as for zoning amendments under section 24." SECTION 2. 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 authorities decision or enactment. SECTION 3. 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. Page 5 SECTION 4. That all provisions of the Code of Ordinances and the Zoning Ordinance 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 Code of Ordinances and Zoning Ordinance of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. This Ordinance shall become effective from and after its date of passage in accordance with law. P iCED AND APPROVED by. the day of JtJ~ City Council of the City of The Colony, Texas, this the ,2006. ATTEST: (SEAL) Robert E. Hager, . (REH/cdb )(A:4//01 1 Page 6