HomeMy WebLinkAboutOrdinance No. 2011-1924
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2011-1924
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES,
APPENDIX A, SECTION 10-600, ENTITLED "PLANNED
DEVELOPMENT DISTRICT," BY ADDING A NEW SECTION 10-614,
PROVIDING FOR REGULATIONS FOR CITY-INITIATED PLANNED
DEVELOPMENT DISTRICTS; 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(3) of the Code of Ordinances of the City of
The Colony, Texas, provides, in part, the following, "When any such amendment relates to a
change of a zoning regulation or to the text of this ordinance not affecting specific property,
notice of the public hearing of the planning and zoning commission shall be given by publication
in a newspaper of general circulation in the City of The Colony without the necessity of
notifying property owners by mail. Such notice shall state the time and place of such hearing and
the nature of the subject to be considered, which time shall not be earlier than ten (10) days from
the date of publication;" 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 frill 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:
22792.2
SECTION 1. The findings set forth above are incorporated into the body of this
Ordinance as if frilly set forth herein.
SECTION 2. That Appendix A, Section 10-600, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Planned Development District" is hereby
amended by adding a new section 10-614 which reads as follows:
"(10-614) When the city council of the City of The Colony creates a Planned Development
district on its own initiative, rather than upon the application of the owners of land within the
district, the city council may modify some or all of the requirements of the comprehensive
general zoning ordinance with respect to said Planned Development district. Such modifications
shall be in the ordinance creating or amending the Planned Development district, and may
include, but are not limited to, modifications to any requirement contained in the "Planned
Development district" regulations codified as Sections 10-600 through 10-690 of the
comprehensive general zoning ordinance."
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 frill 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 frill 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.
PASSED AND APPROVED BY THE CITY COUNCIL Or THE CITY OF THE
COLONY, TEXAS, THIS 0 day of November, 2011.
Joe-M-cCeuury,-May-QJ/ ~i)-(
22792.2
ATTEST:
Christie Wilson, City Secretary
APPROVED AS TO FORM:
7
Jeff More;,.City Attorney :,22792.1