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HomeMy WebLinkAbout1244 08-26-1997ORDINANCE NO. 1244 AN ORDINANCE OF THE CITY OF EULESS, TEXAS, PROVIDING FOR AN ADJUSTMENT PERIOD AND THE TEMPORARY DEFERMENT ON THE FILING OF LAND PLANS, PLATS, ZONING DISTRICT MAP AMENDMENTS, PLANNED DEVELOPMENT APPLICATIONS, SPECIFIC USE PERMITS, AND BUILDING PERMITS IN THE CITY OF EULESS, TEXAS ; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Euless, Texas finds as follows 1. In 1983, the City adopted a comprehensive plan entitled the General Future Land Use Plan 1983, which contained, among other things, goals, objectives and policies with respect to future land use in the City of Euless; and 2. The stated primary purpose of Resolution No. 83 -550, which adopted the General Future Land Use Plan 1983, was to "encourage the most appropriate use of the land throughout the city'. 3. The General Future Land Use Plan 1983 showed more land planned for single family land uses and less land planned for multifamily uses than was reflected on the City's Official Zoning District Map. 4. Whereas, over the past 12 years, market demands and development have been such that the availability of land zoned for single family uses has been significantly consumed while the availability of land zoned for multifamily uses have remained relatively unchanged. 5. In 1993 the City adopted the 1993 Comprehensive Land Development Plan, which, as with the General Future Land Use Plan 1983, suggested a land use pattern that was significantly different from what was authorized by the Official Zoning District Map. This plan was to be used as the basis for the planning of all public facilities including the water and sewer infrastructure, streets and drainage and other public improvement projects. 6. Beginning in 1995 and under the direction of the City Council, the City undertook a review of the 1993 Comprehensive Land Development Plan and in particular the future land use element of that Plan. 7. Following the review of the 1993 Comprehensive Land Development Plan and several public hearings in which property owners generally within 200 feet of a proposed change in the plan were notified, the City Council, on February 11, 1997, adopted an update of the plan, entitled 1997 Comprehensive Land Development Plan. 8. There exists inconsistencies between the 1997 Comprehensive Land Development Plan, as adopted, and the Official Zoning District Map. Such inconsistencies are a natural result of establishing new goals for future land uses through the comprehensive planning process. 9. In order for the City to realize its land use goals, as expressed through the 1997 Comprehensive Land Development Plan, the City Council has directed the City Manager and City Staff to review and amend the Official Zoning District Map and the Unified Development Code to gain consistency with the 1997 Comprehensive Land Development Plan. 10. In order to gain the above mentioned consistency, the City Manager and City Staff estimate that: (1) the preparation, submission and review of detailed proposals for amendments to the Official Zoning District Map and to the text of the Unified Development Code, (2) the publication for and conduct of public hearings by the Planning and Zoning Commission; (3) the publication for and conduct of public hearings by the City Council, and; (4) the action of the City Council to effect the amendments, will require a period of two hundred and thirty (230) calendar days. 11. The City Council anticipates that the owners and prospective developers of the property that is designated in the 1997 Comprehensive Land Development Plan for a use different than for which such property is currently zoned, may attempt, during the period that implementation of the 1997 Comprehensive Land Development Plan is under consideration, to seek to prevent implementation of the 1997 Comprehensive Land Development Plan by applying for building permits or other government permits or approvals in order to secure the right to commence and complete construction that is in conflict with the 1997 Comprehensive Land Development Plan. 12. It is essential in order to preserve the ability of the City Council to implement the 1997 Comprehensive Land Development Plan to protect the health, safety, and welfare of the citizens of the City of Euless, to avoid the creation of unnecessary fiscal and economic burdens on the City where development could take place in conflict with the 1997 Comprehensive Land Development Plan, and to protect the value, use, and enjoyment of existing developments from the construction of inharmonious development that would conflict with the 1997 Comprehensive Land Development Plan, that the filing of land plans, preliminary or final plats, the issuance of building permits, specific use permits, and other governmental permits and approvals, and the adoption of rezoning be deferred for a period of 230 days from the effective date of this Ordinance. 13. It is intended that this Ordinance apply to those parcels and tracts of land, as shown on Exhibit A attached hereto and made a part hereof, on which the present zoning regulations are, or may be, inconsistent or in conflict with the 1997 Comprehensive Land Development Plan and shall serve as the description of the Adjustment Area (as defined below) until such time as a revised Adjustment Area map is adopted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS,TEXAS: Section 1. Incorporation of premises. The above and foregoing premises correct and are incorporated herein and made a part hereof for all purposes. Section 2. Purpose. A. The purpose of this Ordinance is to enable the City of Euless to maintain the status quo for a reasonable period of time in those portions of the City in which the currently effective zoning regulations are less restrictive than are proposed in the 1997 Comprehensive Land Development Plan and /or in those areas in which a different use is indicated in the 1997 Comprehensive Land Development Plan than is currently permitted under the City's zoning regulations, pending the institution and completion of proceedings to amend the Zoning District Map to conform to the districts, regulations and classifications. B. It is the further purpose of this Ordinance to fulfill the City's constitutional, charter and statutory obligations to protect and preserve the health, safety and welfare of the citizens of the City of Euless to defer governmental decisions on rezoning, specific use permits, building permits, and other governmental permits and approvals, including acceptance of the filing of preliminary and final plats, until the City Council has initiated and completed proceedings for changes in the Official Zoning District Map and the Unified Development Code to be consistent with the future land uses depicted within the 1997 Comprehensive Land Development Plan. Section 3. Policies. A. It is the Policy Of the City of Euless that the zoning districts and classifications shown on the Official Zoning District Map and the development of land in the City be consistent with the 1997 Comprehensive Land Development Plan as adopted, or that it be shown that such districts, classifications, or development will implement the policies contained in the Plan. B. It is the policy of the City of Euless to implement the intended future land use of the 1997 Comprehensive Land Development Plan through the zoning portion of the Unified Development Code, and other land use regulations of the City. C. It is further the policy of the City to provide a procedure for alleviating any demonstrable cases of extraordinary hardship that may be occasioned by the adjustment imposed by this Ordinance. Section 4. Definitions. A. Accessory building and accessory use and building shall have the meaning assigned to those terms in Section 84 -7 of the Unified Development Code, Chapter 84 of the Code of Ordinances. B. Adjustment Area means those tracts and parcels of land within the City identified in Exhibit A attached hereto and incorporated herein for all purposes. Section 5. Imposition of Adiustment Period. For a period of 230 days from and after the effective date of this Ordinance: A. No building permit may be issued for any construction in the Adjustment Area except as provided in Section 6 of this Ordinance. B. No rezoning, planned development proposal, or specific use permit shall be considered by the Planning and Zoning Commission or the City Council that would conflict with goals, objectives, policies and land uses designation of the 1997 Comprehensive Land Development Plan. C. No preliminary or final plat shall be filed with the City in the Adjustment Area that would conflict with goals, objectives, policies and land uses designation of the 1997 Comprehensive Land Development Plan. Section 6. Exceptions. Notwithstanding the provisions of Section 5 of this Ordinance, the Adjustment Period shall not apply to the following: A. To the issuance of building permits necessary for the construction of accessory buildings, structures and uses, and fences, maintenance or repair of any existing building where no change in use or increase in density is involved, or B. When, pursuant to Section 7 of this Ordinance, the City Council has determined that deferral of action on a plat, building permit, rezoning, planned development permit, or specific use permit would impose an extraordinary hardship on a landowner or developer. Section 7. Alleviation of Hardship B. Request for exception. A request for an exception based upon extraordinary hardship shall be filed by the landowner, or the developer with the consent of the landowner, shall provide a recitation of the specific facts that are alleged to support the claim of extraordinary hardship, and shall contain such other information as the City Manager shall prescribe as necessary for the City Council to be fully informed with respect to the application. C. Application for exception. In reviewing an application for an exception based upon claim of extraordinary hardship, the City Council shall consider the following matters: 1. The extent to which the proposed use is consistent with the 1997 Comprehensive Land Development Plan. 2. The extent to which the applicant has, prior to the adoption of this ordinance, made a substantial commitment of money or resources directly associated with physical improvements on the land such as grading, land balancing, installation of utility infrastructure or other public improvements, or for the design of specific buildings and improvements to be constructed on the site. 3. Whether the applicant, prior to adoption of this ordinance, has contractual commitments to complete buildings and deliver title thereto or occupancy thereof. 4. Whether prior to adoption of this ordinance, the applicant has incurred financial obligations to a lending institution which, despite a thorough review of alternative solutions, the applicant cannot meet unless construction proceeds. 5. Whether deferral of action on a building permit, rezoning, planned development permit, specific use permit, or the filing of a preliminary or final plat will expose the applicant to substantial monetary liability to third persons; or would leave the applicant completely unable, after a thorough review of alternative solutions, to earn a reasonable return on the property. 6. The extent to which the actions of the landowner or developer were undertaken in good faith with the belief that the proposed construction was lawful and consistent with the 1997 Comprehensive Land Development Plan. D. Public hearing on exception. 1. A public hearing on any request for an exception for extraordinary hardship shall be held by the City Council at the first regular meeting of the City Council that occurs after the expiration of the period for publication of notice of the request for an exception. 2. Notice of the filing of a request for an exception, and the date, time, and place of the public hearing thereon shall be published once not less than ten (10) days prior to said hearing in a newspaper of general circulation that is circulated within the city limits of the City of Euless, Texas. 3. The public hearing on a request for an extraordinary hardship exception shall be conducted in accordance with the rules of the City Council with respect to requests for rezoning. 4. The City Council shall act upon the request for an extraordinary hardship exemption at the same meeting at which the public hearing is held unless the applicant consents in writing or on the oral record to the delay. 5. Minutes of the public hearing and deliberations of the City Council on the request for exemption shall be made. 6. The applicant shall pay to the City a fee to cover the cost of publication of notice and the recording and transcription of a stenographic transcript. Section 8. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Section 9. Savings Clause. That Chapter 84 of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. Section 10. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a regular meeting of the Euless City Council on the 26th day of August, 1997; by a vote of 7 ayes, o nays and 0 abstentions. APPROVED: Mary Lib aleh, Mayor ATTEST: Susan Crim, C IC, City Secretary APP OVED Fob McFarland, City A n y ------------ ----- -- -------- I Aa-M `, I 5 I )Ui7-f I 44� ,q 11 ` In: ..... ....... 11 Hill MEN