HomeMy WebLinkAboutOrdinance No. 08-1757
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 08-1757
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING APPENDIX
A, ZONING, SECTION 17, "SITE PLAN APPROVALS AND SPECIAL
DEVELOPMENT STANDARDS," BY REPEALING AND REPLACING
SUBSECTIONS 17-100 AND 17-101 TO PROVIDE NEW UPDATED
PROVISIONS FOR SITE PLAN APPROVAL; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY VIOLATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the site plan approval process is a part of the development review process and
is provided for in 17-100 and 17-101 of the Zoning Ordinance; and
WHEREAS, the Planning & Zoning Commission has made a recommendation to amend
17 -100 and 17-101 to provide updated provisions for site plan approval; and
WHEREAS, after discussion and consideration, the City Council is of the opinion that
Appendix A, Zoning, Section 17, "Site Plan Approvals and Special Development Standards," by
repealing and replacing subsections 17-100 and 17-101 to provide new updated provisions for
site plan approval.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Appendix A, Zoning, Section 17, "Site Plan Approvals
and Special Development Standards," by repealing and replacing subsections 17-100 and 17-101
to provide new updated provisions for site plan approval, which shall read as follows:
"SECTION 17.
SITE PLAN APPROVALS AND SPECIAL
DEVELOPMENT STANDARDS
17 -100. Approval of a site plan or development plan shall be required for all
development, except single-family detached and any addition or alteration of
any lot, tract, building, structure or site when it is determined by the Director
of Development Services that such development, addition or alteration will
have any environmental, aesthetic, operational impact or general health,
safety and welfare of the surrounding area.
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(17 -10 1) The approval process for site plans shall be divided into three groups:
(1) Site plans for new construction must comply with all submittal
requirements of this ordinance and the Engineering Criteria Manual.
After review from the Development Review Committee, the Planning
and Zoning Commission will make a recommendation to the City
Council for their consideration and final decision.
(2) Amendments to existing site plans that involve changes to the building
layout, building elevations, traffic circulation or other extensive
changes must be considered by the Planning and Zoning Commission
after a recommendation has been received by the Development Review
Committee. The Planning and Zoning Commission will make the final
decision.
(3) Amendments to the site plan that involve changes to landscaping,
exterior color of buildings, addition of minor architectural features such
as awnings, lighting fixtures, etc, shall be considered by the Director of
Development Services after a recommendation has been received by
the Development Review Committee. No further action by the
Planning and Zoning Commission or City Council will be required.
A site or development plan shall contain the appropriate following elements:
(1) Scale drawing showing all streets, public or private, building sites, lots
or plots, areas proposed for dedication, parks, parkways, walls and
fences, easements, school sites, fire lanes, street widening,
diagrammatic layout of utility lines, points of ingress and egress, and
specific areas proposed for specific types of land use.
(2) Elevations or perspective drawings shall be required with all new
construction nonresidential buildings and may be required for site plan
amendments as determined by the Director of Development Services.
Such drawings shall clearly indicate the influence of the proposed
structures on the light, air, access and exposure to adjacent property.
(3) Screening and landscaping plans shall be required for all locations
determined essential to the general welfare of adjacent property by the
City Council and the Planning and Zoning Commission and the
specified screening shall be installed as part of the required
development of new construction and may be required for site plan
amendments as determined by the Director of Development Services.
(4) Any or all site or development plan requirements may be incorporated
on a single drawing if such drawing is clear and capable of evaluation
by the authority responsible for approval of the site plan request.
(17 -102) . . . . .
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SECTION 2. 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 3. That the Zoning Ordinance of the City of The Colony, Texas, as amended,
shall remain in full force and effect, save and except as amended by this ordinance.
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 ($2000.00) 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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 5th day of Mav. 2008.
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Christie Wilson, City Secretary
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