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HomeMy WebLinkAbout1999-474E\SHAHMDEP Wu 34a NOTE Amended by Ordinance No 2000-017 Amended by Ordinance No. 2000-065 ORDINANCE NO W- 4% 7 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 CERTAIN SPECIFIED COMMERCIAL 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 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 commercial land use and growth management, 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 commercial 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, the City Council finds that it is in the public interest to establish a moratorium on certain commercial development applications pending the development of criteria for determining consistency with the adopted Comprehensive Plan THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 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 5 of this ordinance, no City employee, officer, agent, bureau, department or commission of the City shall accept for filing any commercial development application, nor take any action to process such application or any other commercial development application previously filed before the effective date of this ordinance, 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 P\SHRREMDEP LA r�u\ inane MommummuWW]d (B) In the event that an application for a commercial development 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 a commercial development application after the effective date of this ordinance is deemed void and of no effect SSECTION 2 Definitions For purposes of this ordinance the following terms are defined to mean Accepted for filing means the status of a commercial development application following submission and acceptance as complete by the Director of all application materials and documents required by the City Code of Ordinances City means the City of Denton, Texas Commercial development application means an application for detailed plan, preliminary plat, or final plat approval for commercial uses Commercial development application refers to the application form, together with all documents and exhibits required of the applicant by the City for development review purposes Commercial uses means any uses allowed by right or by special use permit under the Commercial District and General Retail District as provided in Section 35-77 of the Code of Ordinances of the City including any planned development district that contains any such uses Concept plan means a general concept plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City 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 Di or means the Director of Planning and Development or his designate Final 12lat 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 Page 2 of 5 a.swwemnaerv.c�wurnowmm.wmw.usaw.o.�.m�om��m a mo Planned develolment means a planned development district as defined in Chapter 35, Article IV of the Code of Ordinances of the City Prelmmnary olat 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 Prog_ertv owner means an owner as defined in Section 34-11 of the Code of Ordinances of the City 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 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 Zomnggnnroval means the adoption of an ordinance approval zoning or rezoning and includes approval of a concept plan Zoning man means zoning district map as defined in Section 35-3 of the Code of Ordinances of the City SECTION 3 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 Comprehensive Plan consistency criteria, (b) the suitability of the proposed commercial uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site, Page 3 of 5 P\SHARBO\OBPTLOL\Our OooumooleWNlNnua\9TmoeoWnumsommpcid JEoe (c) the impact of the proposed commercial 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 Comprehensive Plan consistency criteria, (f) the total expenditures made in connection with the proposed commercial 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 (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 4, Moratorium Period The moratorium established by this ordinance shall commence on the effective date of this ordinance and expire on February 16, 2000 SECTION 5 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 6 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 Page 4 of 5 P\SHAREMDEPI Mu ld SECTION 7 Effective Date This ordinance shall become effective immediately upon the date of its passage and approval PASSED AND APPROVED this the k4day of 1999 JACEQLIER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY WIN Page 5 of 5 \\CH LGL\VOLT\SHARED\DEPnLGL\Our Documents\Ordinances\99\Momtonum commercial exemptions amendmentdoc ORDINANCE NO ,AMO-D17 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 99-474 BY ESTABLISHING EXEMPTIONS FOR CERTAIN COMMERCIAL USES FROM THE MORATORIUM ESTABLISHED PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE, PROVIDING FOR A SPECIFIC EXEMPTION FOR PUBLIC PROJECTS FROM THE COMMERCIAL DEVELOPMENT APPLICATION MORATORIUM, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR 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 commercial 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, the City Council adopted Ordinance No 99-474 establishing a moratorium on certain commercial 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 to allow exemptions for certain commercial uses as defined by the ordinance and for a specific exemption for public projects, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance No 99-474 is hereby amended by adding the following provisions Exemptions. The moratorium established by Ordinance No 99-474 shall not apply to the following types of development applications \\CH LGL\VOLI\shared\dept\LGL\Our Documents\Ordinances\99\Moratonum-commercial exemptions amendment doe (A) a commercial development application for commercial uses as listed in Exhibit A which is attached hereto and incorporated by reference as if set out word for word, (B) a commercial development application fora public Qroject A public rn olect is defined for the purposes of this ordinance as any project that is initiated for a governmental entity This includes but is not limited to federal, state, county, municipal, school district or a subdivision of a school district, special districts allowed by state law, publicly owned utility, or any other governmental or quasi-govetmnental authority SECTION 2 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 3 Savme• That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance No 99-474, but all the provisions of Ordinance No 99- 474 not in conflict with this ordinance shall continue in full force and effect SECTION 4 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 5 Attachment That a copy of this ordinance shall be attached to Ordinance No 99-474 showing the amendment herein approved SECTION 6 Effective Date This ordinance shall become effective immediately upon the date of its passage and approval / PASSED AND APPROVED this the �f 1 day of , 2000 JA ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY EXHIBIT A The following specific uses (bold letters) which are listed in Section 35-77 of the Code of Ordinances, City of Denton, Texas are exempted form the moratorium created by Ordinance 99-474 • PRIMARY RESIDENTIAL USES ONE FAMILY DWELLING RESTRICTED • EDUCATIONAL, INSTITUTIONAL & SPECIAL USES ART GALLERY OR MUSEUM CEMETERY OR MAUSOLEUM CHURCH OR RECTORY COLLEGE, UNIVERSITY OR PRIVATE SCHOOL COMMUNITY CENTER (PUBLIC) DAY NURSERY OR KINDERGARTEN SCHOOL HOSPITAL (GENERAL ACUTE CARE) INSTITUTION OF RELIGIOUS OR PHILANTHROPIC NATURE LIBRARY (PUBLIC) MONASTERY OR CONVENT PARK, PLAYGROUND OR PUBLIC COMM CENTER SCHOOL, PRIVATE PRIMARY OR SECONDARY SCHOOL, PUBLIC OR DENOMINATIONAL SCHOOL, BUSINESS OR TRADE • UTILITY, ACCESSORY AND INCIDENTAL USES PUBLIC BUILDING, SHOP, YARD OR LOCAL, STATE, OR FEDERAL GOVERNMENT SWIMMING POOL (PRIVATE) • RECREATIONAL AND ENTERTAINMENT USES GOLF COURSE (PUBLIC) PARK OR PLAYGROUND (PUBLIC) PLAY FIELD OR STADIUM (PUBLIC) • AGRICULTURAL TYPE USES FARM OR RANCH \\CH LGL\VOLT\SHARED\DEPT%LGUOur Documents\Ordinances\99\Momtonumcommerctal amendment exhibit A doe \\CH LGL\VOLT\SHARED\DEFT\LGL\Our Documents\Ordinances\00\commercial moratorium exums,on doc ORDINANCE NO �OOC— 06,J� AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 99-474 AS AMENDED BY ORDINANCE NO 2000-017 TO EXTEND THE TERM OF THE MORATORIUM THAT WAS ESTABLISHED PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED NONRESIDENTIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has enacted by Ordinance No 99-474 as amended by Ordinance No 2000-017, a moratorium pending the adoption of interim standards for applying policies of the adopted comprehensive plant to certain specified nonresidential development, and WHEREAS, the ordinances established that the moratorium was to expire on February 16, 2000, and WHEREAS, the City Council has not adopted such interim regulations by February 16, 2000, and WHEREAS, the City Council finds that the moratorium should be extended until March 8, 2000 in order to provide for more citizen input and input from interested parties into the standards to be adopted by the interim regulations, and WHEREAS, the City Council finds that it is in the public interest to amend such ordinances to extend the moratorium, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS follows SECTION 1 Ordinance No %99. 474; SECTION 4, is hereby amended to read as Moratonum Period The moratorium established by Ordinance No 474, as amended by Ordinance No 2000-017 shall commence on the effective date of Ordinance No 474 and expire on March 8, 2000 SECTION 2 Savine. That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance No 99-474 as amended by Ordinance No 2000-017, but all the provisions of Ordinance No 99-474 as amended by Ordinance No 2000-017 not in conflict with this ordinance shall continue in full force and effect SECTION 3 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 F \SHARED\DEFT\LGL\0ur Documents\0rdmances\00\commermal moratorium extension doc SECTION 4 Attachment That a copy of this ordinance shall be attached to Ordinance No 99-474 showing the amendment herein approved SECTION 5 Effective Date This ordinance shall become effective immediately upon the date of its passage and approval PASSED AND APPROVED this the L day of Jek&2000 . �+% ILER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY 1 I APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY