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HomeMy WebLinkAbout1999-473F \SHARED\DEPT\LGL\Our Documents\Ordinances\99\moramnum msrdennal 8 doc NOTE Rescinded and repealed by Ordinance No 2000-046 ORDINANCE NO q - y AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING AND SUPERCEDING IN ITS ENTIRETY ORDINANCE NO 99-440 ESTABLISHING A MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED RESIDENTIAL 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 alea 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, at such City Council meeting the City Council adopted Ordinance No 99- 44E establishing a moratorium on certain residential development applications pending the adoption of the interim regulations, and WHEREAS, the City Council finds that it is in the public interest to amend such ordinance in its entirety THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance No 99-440 is hereby amended and superceded in its entirety to read as hereinafter provided for in this ordinance 1 A \SHARED\DEFT\LGL\Our Documents\Ordinances\99\moratorium residential 8 doe SECTION 2 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 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 SSECTION 3 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, wluch is subject to a detailed plan approved or accepted for filing prior to 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, 2 F \SHARED\DEFT\LGL\Our Documents\Ordinances\99\moratorium residential 8 doc (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 (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 The exemptions contained in this section allow such applications to be processed and finally decided but do not apply to nor authorize the filing of any subsequent residential development application for the same property SSECTION 4 Definitions For purposes of this ordinance the following terms are defined to mean Accepted 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 "means the City of Denton, Texas Concot 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 pit 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 P \SHARED\DEPT\LGL\Our Documents\Ordinances\99\moratorium residential 8 doc Preltmmary 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 developmentpplication means a request to establish the use of the property for residential purposes or a request to grant a permit for such purposes, 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 develo mp ent gpplication 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 Rezoning 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 man means zoning district map as defined in Section 35-3 of the Code of Ordinances of the City F \SHARED\DEPT\LGL\Our Documents\Ordinances\99\momtonum residential-8 doc SECTION 5 Relief From Moratorium A Relief requests 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 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 The City Council may take the following actions F \SHARED\DEFT\LGL\Our Documents\Ordinances\99\moratorium residential 8 doc (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 SECTION 6 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 7 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 8 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 9 Effective Date This ordinance shall become effective immediately upon the date of its passage and approval PASSED AND APPROVED this the day of December, 1999 JAC MI ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY