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HomeMy WebLinkAbout1321 03-24-1998ORDINANCE NO. 1321 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 WITHIN THE PROPOSED STATE HIGHWAY 121 CORRIDOR DISTRICT 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 on August 26, 1997, adopted Ordinance 1244, commonly called "The Adjustment Ordinance ", which Ordinance was valid for a period of 230 days beginning on the date of adoption; and WHEREAS the Official Zoning District Map and the Unified Development Code have not yet been amended to gain consistency with the 1997 Comprehensive Land Development Plan, as provided for by Ordinance 1244, for the parcels and tracts of land along the State Highway 121 Corridor in Euless, Texas, shown on Exhibit A attached hereto and made a part hereof, which land is hereinafter referred to as "the Corridor"; and WHEREAS, recognizing the Corridor as a unique development opportunity due to the size and location of undeveloped property, property owners and city staff have conducted a series of meetings to create a specific Land Development Plan and zoning category for the Corridor; and WHEREAS the preparation, submission, review, and approval of detailed proposals for amendments to the Official Zoning District Map and to the text of the Unified Development Code (Chapter 84 of the Code of Ordinances) in reference to the Corridor; the publication for and conduct of public hearings by the Planning and Zoning Commission and the City Council; and the action of the City Council to effect the amendments, may not be complete until August 1, 1998; and WHEREAS the City Council anticipates that during the time period until August 1, 1998, prospective developers may attempt to develop property within the Corridor by submitting applications for approval of platting or development that conflict with the 1997 Comprehensive Land Development Plan; and WHEREAS it is essential in order to preserve the ability of the City Council to implement the proposed specific Land Development Plan and zoning regulations for the Corridor and to avoid the construction of 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, rezoning, and other municipal government permits and approvals related to land development in the Corridor be deferred until after August 1, 1998 or until the proposed specific Land Development Plan and zoning regulations for the Corridor have been approved by the City Council, whichever comes first; 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 are 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 Corridor 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 in the Corridor, 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 for the Corridor. 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. Definition--,.. 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 cf the Code of Ordinances. B. "The Corridor" means those tracts and parcels of land within the City identified in Exhibit A attached hereto and incorporated herein for all purposes. ORDINANCE NO. 1321, PAGE 2. OF 10 Section 5. Imposition of Adjustment Period. Until August 1, 1998, or or until the proposed specific Land Development Plan and zoning regulations for the Corridor have been approved by the City Council, whichever comes first : A. No building permit may be issued for any construction in the Corridor except as provided in Section 6 of this Ordinance. B. No rezoning, planned development proposal, or specific use permit for property within the Corridor 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 Corridor 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 A. 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. B. Application for exception. In reviewing an application for an exception based upon claim of extraordinary hardship, the City Council shall consider the following matters: 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. ORDINANCE NO. 1321, PAGE 3 OF 10 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. C. 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. Severabiliq, Clacuse. 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 ORDINANCE NO. 1321, PAGE 4 OF 10 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 the24th day of March, 1998; by a vote of 6 ayes, 0 nays and 0 abstentions. APP OVED: Lr Mary Lib laleh, Mayor ATTEST: S u s a Crim, C C City Secretary APPROVED S TO FORM: Bob McFarland, City Attorney ORDINANCE NO. 1321, PAGE 5 OF 10 HWY 121 Corridor Index No. Property Description Prior Zoning 1 JOHN H HAVINS SURVEY AB 685 TR I PD 811, C -2 , R -1 2 GLADE ROAD SOUTHLAND BLK A LOT I C -2 3 JOHN H HAVINS SURVEY AB 685 TR IEIA C -2 4 JOHN H HAVINS SURVEY AB 685 TR M C -2 5 JOHN H HAVINS SURVEY AB 685 TR 1D1 C -2 6 JOHN H HAVINS SURVEY AB 685 TR I C -2 7 JOHN H HAVINS SURVEY AB 685 TR IE2 C -2 8 JOHN H HAVINS SURVEY AB 685 TR 2 R -1 9 JOHN H HAVINS SURVEY AB 685 TR 3 R -1 10 BRYANT HARRINGTON SURVEY AB 808 TR 5B1 C -2 I 1 BRYANT HARRINGTON SURVEY AB 808 TR 5C C -2 12 BRYANT HARRINGTON SURVEY AB 808 TR 5 C-2 13 BRYANT HARRINGTON SURVEY AB 808 TR 5B C -2 14 BRYANT HARRINGTON SURVEY AB 808 TR 4A C -2 15 BRYANT HARRINGTON SURVEY AB 808 TR 4B C -2 & CUD 739 16 BRYANT HARRINGTON SURVEY AB 808 TR 3B CUD 739 17 BRYANT HARRINGTON SURVEY AB 808 TR 2C R -1 18 BRYANT HARRINGTON SURVEY AB 808 TR 3 C -2 & CUD 739 19 BRYANT HARRINGTON SURVEY AB 808 TR 2 R -1 20 BRYANT HARRINGTON SURVEY AB 808 TR 4 C -2 & CUD 739 21 BRYANT HARRINGTON SURVEY AB 808 TR 3 C -2 & CUD 739 22 BRYANT HARRINGTON SURVEY AB 808 TR 2B R -1 23 JESSE DOSS SURVEY AB 441 TR 6A R -1 24 JESSE DOSS SURVEY AB 4=41 TR 6 C -2 & PD 1115 25 JESSE DOSS SURVEY AB 441 TR 5 R -1 26 JESSE DOSS SURVEY AB 441 TR 6A1 C -2 27 JESSE DOSS SURVEY AB 441 TR 4AIA C -2 28 JESSE DOSS SURVEY AB 441 TR 6BIA C -2 29 JESSE DOSS SURVEY AB 441 TR 3C C -2 30 JESSE DOSS SURVEY AB 441 TR 6BI C -2 31 JESSE DOSS SURVEY AB 441 TR 3 R -1 32 JESSE DOSS SURVEY AB 441 TR 4A1 C -2 33 JESSE DOSS SURVEY AB 441 TR 3B R -1 34 JESSE DOSS SURVEY AB 441 TR 4C C -2 35 JESSE DOSS SURVEY AB 441 TR 2 R -1 36 JESSE DOSS SURVEY AB 441 TR 4B1 C -2 Exhibit A ORDINANCE NO. 1321, PACE 6 OF 10 Page 1 Of 2 HWY 121 Corridor Index No Proper Description Prior Zonin 37 JESSE DOSS SURVEY AB 441 TR 6B C-2 38 JESSE DOSS SURVEY AB 441 TR 2 R -1 39 JESSE DOSS SURVEY AB 441 TR 4B C-2 40 JESSE DOSS SURVEY AB 441 TR 3A1 (ROW) R -1 41 JESSE DOSS SURVEY AB 441 TR 3A R -1 42 JESSE DOSS SURVEY AB 441 TR 6B2 C -2 43 JESSE DOSS SURVEY AB 441 TR 4132 C-2 44 BBB & C RR SURVEY ABTS 204 TR 5D C-2 45 BBB & C RR SURVEY ABST 204 TR 5 C -2 46 BBB & C RR SURVEY ABST 204 TR 4B5 R -1 47 BBB & C RR SURVEY ABST 204 TR 4B2B R -1 48 BBB & C RR SURVEY AB 441 TR 3A1 (ROW) R -1 49 BBB & C RR SURVEY AB 204 TR IMA (ROW) R -1 50 BBB & C RR SURVEY AB 204 TR IA3A (ROW) R -1 51 LEVY FRANKLIN SURVEY AB 513 TR 3 R-1 52 LEVY FRANKLIN SURVEY AB 513 TR 4D C -2 & CUD 739 53 LEVY FRANKLIN SURVEY AB 513 TR 4F1 C -2 & CUD 768 54 LEVY FRANKLIN SURVEY AB 513 TR 4F C -2 55 LEVY FRANKLIN SURVEY AB 513 TR 4 C -2 56 LEVY FRANKLIN SURVEY AB 513 TR 4C C -2 57 LEVY FRANKLIN SURVEY AB 5I3 TR 4E1 L -I 58 AL -KO SOUTHWEST ADDITION BLK A LOT I L -I 59 LEVY FRANKLIN SURVEY Ara 513 TR 4E L -I 60 LEVY FRANKLIN SURVEY AB 513 TR 4A C -2 Exhibit A ORDINANCE NO. 1321, PAGE 7 OF 10 Page 1 Of 2 Proposed State Hwy 121 Corridor District li II ii — — — — — — — — — — — — — — — — — — — — — — — — — — ."X Y, Zoning District Boundaries v v e r EQ L E S S 1 200' Notification Boundary Area Subject to Rezoning Proposed State Hwy 121 Corridor District Zoning District Boundaries ov S 200' Notification Boundary S Area Subject to Rezoning Proposed State Hwy 121 Corridor District oOo� Zoning District Boundaries EUEERS-s Ii 00141%%.00 200' Notification Boundary Area Subject to Rezoning