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HomeMy WebLinkAbout1324 04-14-1998ORDINANCE NO. 1324 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 FOLLOWING PARCELS OF LAND IN THE CITY OF EULESS, TEXAS: BELL RANCH TERRACE ADDITION BLOCK 3 LOTS 1 -8 AND 9R, BLOCK 4 LOT 1R1, 5 -11, AND 13, BLOCK 5 LOTS 1 -26, BLOCK 6 LOTS 1 -26, BLOCK 7 LOTS 6, 7, 12, 13, 18 -24, BLOCK 12 LOTS 1 AND 8 -10, BLOCK 13 LOTS 1 -18, BLOCK 14 LOTS 1 -15, BLOCK 15 LOTS 8 AND 9; J.S. ANDERSON SUBDIVISION BLOCK 13 LOTS 24R1, 24R2, 24R3, 24R4, 24R5; ALEXANDER AND CULLUM SUBDIVISION LOT 17, 18, 24, 23, 25, A; ALEXANDER- CULLUM ADDITION BLOCK A LOT 24R; A.J. HUITT SURVEY ABSTRACT 709 TRACT 3R; SAMUEL TUCKER SURVEY ABSTRACT 1512 TRACT 3A; 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 ", whici . 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 listed above, which land is hereinafter referred to as "these parcels ", and WHEREAS, the changing the zoning on these parcels has been considered in order to gain consistency with the 1997 Comprehensive Land Development Plan, but no final action taken; and WHEREAS final action may not be taken 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 these parcels 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 these parcels 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 these parcels be deferred until after August 1, 1998 or until zoning regulations for these parcels have been reconsidered 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. Puruose. 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 these parcels 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 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 :.nd final plats in these parcels, until the City Council has initiated and completed proceedings for changes in the Official Zoning District Map to be consistent with the future land uses depicted within the 1997 Comprehensive Land Development Plan for these parcels. 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. ection 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. "These Parcels" means those tracts and parcels of land listed below: BELL W,NCH TERRACE ADDITION BLOCK 3 LOTS 1 -8 AND 9R, BLOCK 4 LOT 1 R1, 5 -11, AND 13, BLOCK 5 LOTS 1 -26, BLOCK o LOTS 1 -26, BLOCK 7 LOTS 6, 7, 12, 13, 18 -24, BLOCK 12 LOTS 1 AND 8 -10, BLOCK 13 LOTS 1 -18, BLOCK 14 LOTS 1 -15. BLOCK 15 LOTS 8 AND 9; j.S. ANDERSON SUBDIVISION BLOCK 13 LOTS 24R1, 24R2, 24R3, 24R4, 24R5; ALEXANDER AND CULLUM SUBDIVISION LOT 17, 18, 24, 23, 25, A; ALEXANDER- CULLUM ADDITION BLOCK A LOT 24R; A.J. HUITT SURVEY ABSTRACT 709 TRACT 3R; SAMUEL TUCKER SURVEY ABSTRACT 1512 TRACT 3A Section 5. Imposition of Adjustment Period. Until August 1, 1998, or the completion of proceedings to change the zoning of these parcels by the City Council, whichever comes first: A. No building permit may be issued for any construction in these parcels except as provided in Section 6 of this Ordinance. B. No rezoning, planned development proposal, or specific use permit for property within these parcels 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 these parcels 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: 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. 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 exerr;ption 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 , equest 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 14th day of April, 1998; by a vote of 7 ayes, 0 nays and 0 abstentions. APPROVED: Mary Lib Sale-h, Mayor ATTEST: usan Crim, CAC, City Secretary APP CFO M: NbAMcF rland, City Attorney