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.

(17-101) The approval process for site plans and development plans shall be consistent with V.T.C.A., Local Government Code §§ 212.009, 212.0091, 212.0093, and 212.0095, as amended.

The planning and zoning commission shall take action on the site plan or development plan within 30 days, following the filing of the plan, in accordance with V.T.C.A., Local Government Code § 212.009, as amended. This deadline may be extended if the applicant requests in writing to the extension to act upon the site plan or development plan. If the site plan or development plan meets all the requirements of the City's Code of Ordinances, rules, regulations, and state law the planning and zoning commission shall approve the plan. If the site plan or development plan does not meet the requirements of the City's Code of Ordinances, rules, regulations, and state law the planning and zoning commission shall disapprove the plan, unless the applicant agrees, at the meeting at which action is to be taken, to correct or remedy the deficiency on which the disapproval may be based in the submission of the plan. In such event, the site plan or development plan may be approved subject to the correction or remedying of such deficiency. In the event the planning and zoning commission disapproves a site plan or development plan or conditionally approves a site plan or development plan, the planning and zoning commission, shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval, in accordance with V.T.C.A., Local Government Code § 212.0091, as amended.

After the conditional approval or disapproval of a site plan or development plan, the applicant may submit to the planning and zoning commission a written response that satisfies each condition for the conditional approval or remedies each reason provided for disapproval, in accordance with V.T.C.A., Local Government Code § 212.0093, as amended. In the event the planning and zoning commission receives such a response from the applicant, the planning and zoning commission shall determine whether to approve or disapprove the applicant's previously conditionally approved or disapproved site plan or development plan not later than the 15th day after the date the response was submitted, in accordance with V.T.C.A., Local Government Code § 212.0095, as amended.

The approval process for site plans and development 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.

(4)

Definitions. For purposes of this section the following terms have the following meaning:

(a)

"Administratively complete" means an application for a site plan or development plan approval shall be considered administratively complete upon the occurrence of all of the following: (1) the city staff and city engineer have determined that it meets all requirements of applicable city ordinances so that it may be reviewed by the planning and zoning commission, (2) the application has been placed on an agenda for the planning and zoning commission, and (3) the planning and zoning commission agenda has been posted as required by law.

(b)

"Filed" or "filing" means the date site plan or development plan is considered by the city to be administratively complete and placed on an appropriate agenda.

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.

(Ord. No. 2019-2367, § 2, 8-20-2019)

(17-102) Where any residential development plan proposes the reservation of land or structure in common ownership for recreational, parking, landscape or open space use or for any other use, a homeowners association or equivalent shall be required for the purpose of control over the development and maintenance of such private land, streets and facilities which are intended to be owned in common.

(17-103) In a Townhouse (TH) residential development, all dwelling units shall be located on individual platted lots with access from a public or private street or private access drive.

Private streets and access drives may be provided if maintenance of such streets and drives is the responsibility of the homeowners association. Such streets and drives shall be constructed in accordance with the city specifications with the exception of width. The width will be determined by the usage and location within the development with special attention given to service and emergency vehicles and shall be approved by the city council.

(17-104(A)) Application of article.

(1)

This article shall apply to all land located in the City of The Colony.

(2)

This article does not apply to the following:

A.

Lots containing only single-family detached, duplex, mobile home, or HUD-Code manufactured residences, except as noted in section 17B "Tree Preservation".

B.

Building permits issued prior to the effective date of the ordinance from which this subsection derives, except as defined in section VII—"Nonconforming Properties".

C.

School, church, federal, state, and county properties.

(17-104(B)), (17-104(C)) Reserved.

Editor's note— Ord. No. 97-982, § 1, adopted June 16, 1997, amended the Code by repealing subsections (17-104(B)) and (17-104(C)). Said subsections have been replaced by § 17A of this appendix.

(17-104(D)) Reserved.

Editor's note— Ord. No. 97-983, § 1, adopted June 16, 1997, amended the Code by repealing subsection (17-104(D)). Said subsection has been replaced by § 17B of this appendix.

(17-105) Each dwelling unit in a townhouse project shall have off-street parking with a minimum capacity of two (2) motor vehicles.

(17-106) With respect to residential subdivision developments in the SF-1, SF-2, SF-3 and SF-4 districts, the city desires that buffer zones, between the residential subdivision and public property be addressed for the purpose of decreasing visual blight and noise to the residential subdivision. No houses in said districts shall have the same front elevations within five houses of each other on the same side of the street. Developments in said districts shall have a minimum 17-foot easement with a ten-foot minimum paving width and a maximum of 720 feet in length without access. All exterior walls of the main residential structure shall be a minimum of 70 percent kiln fired brick, natural and/or manufactured stone, and three-step stucco process construction below the first floor plate line, exclusive of doors and windows. Kiln fired brick, natural and/or manufactured stone, and three-step stucco process types may not be the same on any adjacent house located on the same side of the street.

(17-106.1) All exterior walls of primary buildings and structures located in the multiple family and non-residential zoning districts shall be a minimum of 75 percent kiln fired brick, brick veneer, natural and manufactured stone, granite, marble, architectural concrete block, and three-step stucco process for all structures exclusive of doors and windows. A minimum of two colors must be used on each elevation. Eighty percent of each elevation must utilize natural and/or earth tone colors. In addition, each elevation may have 20 percent of another type of color if opted.) Other exterior construction materials for nonresidential structures are tilt wall concrete panels, and sealed and painted concrete block. Synthetic stucco (such as exterior finish and insulation system (EFIS) may be utilized as an architectural accent material, not to exceed ten percent of the exterior surface of any building facade. Glazing, doors, windows and door frames, roof system trim, mansards, and similar visible exterior architectural treatments shall be made of materials which complement construction material. When rear facades are visible from adjoining properties and/or a public right-of-way, they shall be of a finished quality and consist of colors and materials that blend with the remainder of the building's primary facade(s). Multiple family and non-residential districts shall include, townhouse dwelling, multi-family 1, multi-family 2, multi-family 3, multi-family 4, office 1, office 2, neighborhood service, shopping center, general retail, light commercial, heavy commercial, industrial, business park and planned development districts designated for multiple family and non-residential uses.

(17-107(A)) Definitions. For the purposes of this section 17-107:

(i)

Foot candle means the amount of illumination provided by one (1) lumen uniformly distributed on one (1) square foot of surface; and

(ii)

Lumen means the quantity of luminous flux intercepted by a surface of one (1) square foot, all points of which are one (1) foot from a uniform source of one (1) candela (a one-candela source provides 12.57 lumens).

(17-107(B)) External lighting installed for service stations must conform to the following standards:

(1)

All light fixtures serving parking lots must be cut-off fixtures as defined by the Illuminating Engineering Society of North America (IESNA).

(2)

Mounting height for light fixtures must not exceed fifteen (15) feet.

(3)

Lighting intensity must not exceed 0.6 foot-candles when measured at grade at the property line.

(4)

Areas around the pump islands and under canopies must be illuminated so that the minimum horizontal illuminance at grade level is no more than twenty-five (25) foot-candles and the maximum horizontal illuminance at grade level is no more than thirty-five (35) foot-candles.

(5)

Light fixtures mounted on canopies must be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than eighty-five (85) degrees from vertical.

(6)

As an alternative to recessed ceiling lights, indirect lighting may be used where light is beamed upward and then reflected down from the underside of the canopy. In this case light fixtures must be shielded so that direct illumination is focussed exclusively on the underside of the canopy.

(7)

Light may not be mounted on the top or sides (fascias) of the canopy, and the sides of the canopy may not be illuminated.

(17-107(C)) Measuring of lighting levels shall be in accordance with the following:

(i)

Metering equipment. Lighting levels shall be measured in foot candles with a direct-reading, portable light meter.

(ii)

Method of measurement. The meter sensor shall not be more than six (6) inches above ground level in a horizontal position. The reading shall be taken only after the cell has been exposed long enough to provide a constant reading.

(17-107(D)) A photometric plan describing compliance with the provisions of this section 17-107 shall be submitted to the director of planning and development prior to the issuance of a building permit.

(Ord. No. 377, § 1, 10-28-1985; Ord. No. 448, § 2, 9-29-1986; Ord. No. 627, § 1, 1-15-1990; Ord. No. 721, § 1, 11-18-1991; Ord. No. 97-982, § 1, 6-16-1997; Ord. No. 97-983, § 1, 6-16-1997; Ord. No. 98-1044, § 3, 7-6-1998; Ord. No. 99-1141, § 2, 9-13-1999; Ord. No. 00-1206, § 2, 7-3-2000; Ord. No. 00-1207, § 3, 7-3-2000; Ord. No. 08-1757, § 1, 5-5-2008; Ord. No. 2016-2197, § 2, 2-2-2016; Ord. No. 2017-2270, § 15, 8-2-2017)