HomeMy WebLinkAbout1999-440P%11A MDHP L\OwD mwwb im a\"om mm ONm="ft
NOTE Amended and superceded by Ordinance No 99-473
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A
MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING
POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO REQUESTS FOR ZONING
AMENDMENTS AND CERTAIN SPECIFIED DEVELOPMENT APPLICATIONS PRIOR
TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE, PROVIDING FOR
EXEMPTIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City of Denton has enacted by ordinance, a new Comprehensive Plan for
the City of Denton on December 7, 1999, which supercedes the Denton Development Plan, and
WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to
residential land use, growth management, housing and open space provision, and
WHEREAS, the City intends to comprehensively amend its Code of Ordinances,
including inter alia its zoning and subdivision regulations, in order to implement such polices,
goals and strategies, and
WHEREAS, it appears that substantial applications for approval of residential
developments is likely to occur in the intervening time period, and
WHEREAS, it further appears that approval of such development applications
inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan,
and
WHEREAS, a joint public hearing of the Planning and Zoning Commission and the City
Council concerning the adoption of interim regulations was held on December 7, 1999, and
WHEREAS, at the December 7, 1999 joint meeting the City Council was unable to adopt
such interim regulations, and
WHEREAS, it appears that it would be appropriate and in the public interest to establish
a moratorium on the acceptance and processing of certain residential development applications
until the City Council is able to adopt such interim regulations,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SgCTION 1 Moratorium Established
(A) Except as otherwise provided herein, from and after the effective date of this
ordinance and during the Moratorium Period as specified in Section 4 of this
ordinance, no City employee, officer, agent, bureau, department or commission of
the City shall accept for filing any residential development application, nor take
P\SHAREUNEMWMuaU maomWeGnwaaA9P .[..um Oa ..4A
any action to process such application, including but not limited to acceptance of
fees, review or evaluation of the applications, scheduling for public review or
hearing, formulation of conditions or issuance of preliminary or final approvals of
such applications
(B) In the event that an application for a residential application is submitted to the
City, the application shall be returned, together with any proffered application fee,
to the applicant with notification that the application will not be accepted for
filing or further processing for the duration of this Moratorium Ordinance
(C) Any action taken by any City employee, officer, agent, bureau, department or
commission of the City to accept for filing or to further process an application for
a residential development application after the effective date of this ordinance is
deemed void of no effect
SECTION 2 Exemptions This ordinance does not apply to the following types of
development applications
(A) an application for a building permit for a single-family or two-family dwelling,
(B) an application for approval of a detailed plan for residential use that has been
accepted for filing prior to December 15, 1999,
(C) an application for approval or amendment of a final plat for a single-family or
two-family subdivision, where a preliminary plat has been accepted for filing
prior to the effective date of this ordinance or an application for approval or
amendment of a preliminary or final plat for a single-family or two-family
subdivision, where a detailed plan has been approved or accepted for filing prior
to December 15, 1999,
(D) an application for approval of a building permit for a multi -family dwelling,
which is subject to a detailed plan approved or accepted for filing prior to the
December 15, 1999,
(E) an application for approval or amendment of a preliminary plat for a single-family
or two family subdivision, where the application was accepted for filing prior to
the effective date of this ordinance or which is subject to a general development
plan approved prior to such date,
(F) an application to approve non-residential development
(G) any concept plan or detailed plan that was remanded by the City Council to the
Planning and Zoning Commission prior to the effective date of this ordinance
Page 2 of 6
r\SHAKO EMW Wa DovnIMY�Jo e6\9A MWn OARMm 4dvv
(H) any application for approval of a specific use permit for residential use pending
for decision on the City Council agenda for December 7, 1999 and any
subsequent application for residential use subject to a special use permit approved
on such date
SECTION 3 Definitions For purposes of this ordinance the following terms are defined
to mean
Accgpted for filing means the status of a residential development application
following submission and acceptance as complete by the Director of all
application materials and documents required by the City Code of Ordinance
Chi y means the City of Denton, Texas
ConcSWt plan means a general concept plan as provided for in Chapter 35, Article
IV of the Code of Ordinances of the City
Density means the maximum number of dwelling units allowed under the zoning
classification per unit of land
Detailed plan means a detailed plan as provided for in Chapter 35, Article IV of
the Code of Ordinances of the City
Development plan means a development plan as provided for in Chapter 35,
Article IV of the Code of Ordinances of the City
Director means the Director of Planning and Development or his designate
Final plat means a final plat as defined in Section 34-11 and as provided for in
Section 34-15 of the Code of Ordinances of the City
Multi -family means multiple -family dwelling (apartment) as defined in Section
35-76 of the Code of Ordinances of the City
Planned development means a planned development district as defined in Chapter
35, Article IV of the Code of Ordinances of the City
Prelimmary plat means a preliminary plat as defined in Section 34-11 and as
provided for in Section 34-18 of the Code of Ordinances of the City
Property owner means an owner as defined in Section 34-11 of the Code of
Ordinances of the City
Residential development application means a request to establish the use of the
property for residential purposes or a request to grant a permit for such purposes,
Page 3 of 6
P\SHAR20NEPI Wur0 umeWb dinuottW MGMWHum 04004&C
including the establishment or approval of single-family attached or detached,
two-family, or multi -family dwellings Residential development application
includes a request to zone or rezone land for residential use, or request to approve
or amend a concept plan, development plan, or detailed plan for a planned
development district, a request to approve or amend a preliminary or final plat for
residential use, or a request to approve a building permit for a multi -family
dwelling Residential development arorohcation refers to the application form,
together with all documents and exhibits required of the applicant by the City for
development review purposes
Residential zoning district or residential uses means multi -family dwelling, two-
family dwelling, one -family dwellings, attached, and one -family dwelling,
detached uses
Rezonin means an application for amendment, supplement or change to zoning
as provided for in Section 35-7 of the Code of Ordinances of the City
Single-family, attached means one -family dwelling (attached) as defined in
Section 35-76 of the Code of Ordinances of the City
Single-family, detached means one -family dwelling (detached) as defined in
Section 35-76 of the Code of Ordinances of the City
Two-family dwelling means a two family dwelling as defined in Section 35-76 of
the Code of Ordinances of the City
Zoning means an application for the first zoning classification and land use
conditions applicable to real property as provided for in Chapter 35 of the Code of
Ordinances of the City
Zoning map means zoning district map as defined in Section 35-3 of the Code of
Ordinances of the City
SECTION 4 Relief From Moratorium
A Relief requests
1 The applicant may petition the City Council for relief from the
moratorium by requesting such relief in writing
The City Council shall not relieve the applicant from the requirements of
this ordinance, unless the applicant first presents credible evidence from
which the City Council can reasonably conclude that the imposition of the
moratorium deprives the applicant of a vested property right or deprives
the applicant of the economically viable use of his land
Page 4 of 6
P\HAREN UMGLWur Or nmwlG
3 In deciding whether to grant relief to the applicant, the City Council shall
take into
consideration the following
(a)
whether granting relief from the moratorium jeopardizes the City's
best interests in implementing residential density limitations or
other development standards contained in the proposed interim
development regulations,
(b)
the suitability of the proposed residential uses in light of land uses
allowed in the zoning districts on property adjacent to the proposed
site,
(c)
the impact of the proposed residential use on the transportation
and other public facilities systems affected by the development,
(d)
the measures proposed to be taken by the applicant to prevent
negative impacts of the proposed use on the neighborhood,
(e)
the likelihood that sufficient relief will be provided to the applicant
following adoption of the interim regulations,
(f)
the total expenditures made in connection with the proposed
residential development in reliance on prior regulations, including
the costs of installing infrastructure to serve the project,
(g)
any fees reasonably paid in connection with the proposed use,
(h)
any representations made by the City concerning the project and
reasonably relied upon to the detriment of the applicant
4 The City Council may take the following actions
(a)
deny the relief request,
(b)
grant the relief request, or
(c)
grant the relief request subject to conditions consistent with the
criteria set forth in this section
B Minimum relief Any relief granted by the City Council shall be the minimum
deviation from ordinance requirements necessary to prevent deprivation of a
vested property right
Page 5 of 6
P\SHARCD\DEP LW fOM.,.>4 dM
SECTION 5. Moratorium Period The moratorium established by this ordinance shall
commence on the effective date of this ordinance and expire on February 2, 2000 The City
Council reserves the right to extend the moratorium if the interim regulations do not become
effective on or before said date Should the interim regulations be adopted before said date, the
ordinance adopting the interim regulations will contain a clause terminating the moratorium as of
the date of such adoption
SECTION 6 Preamble Findings The findings and recitations contained in the preamble
of this ordinance are substantive and are hereby incorporated into the body of this ordinance
SECTION 7 Severability If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid by any court, such invalidity shall not affect the
validity of other provisions or applications, and to this end the provisions of this ordinance are
severable
SECTION 8 Effective Date This ordinance shall become effective immediately upon
the date of its passage and approval
PASSED AND APPROVED this the 8th day of December, 1999
JAC M LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By �4
Page 6 of 6