1999-473F \SHARED\DEPT~LGL\Our Documcnts\Ordlnances\99\moratorlum resldenual 8 doc
NOTE Rescinded and repealed by Ordinance No 2000-046
ORDIN CENO C/¢ ¥7 4
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 supereedes 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,
~ncludmg tnter aha its zoning and subdlvlmon 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 Ume period, and
WHEREAS, ~t 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, ajmnt public heanng of the Planmng and Zoning Commission and the City
Council concermng the adoption of interim regulatmns 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 Ordmance No 99-
440 establishing a moratorium on certmn 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 m 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SECTION 1 Ordinance No 99-440 is hereby amended and superceded in its entirety to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
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SECTION 2 Moratorium Established
(A) Except as otherwise provided herein, from and after the effective date of this
ordinance and dunng 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 apphcataon, nor take
any action to process such application, including but not limited to acceptance of
fees, review or evaluation of the applications, scheduling for pubhc review or
heanng, formulation of conditions or issuance of prehminary 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 appheant 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 apphcatlon for
a residential development application after the effective date of this ordinance is
deemed void of no effect
SECTION 3 E~emvtlons 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 prehmmary or final plat for a single-family or two-family
subdivision, where a detoaled 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,
wlueh is subject to a detmled 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
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(F) an application to approve non-residential development
(G) any concept plan or detailed plan that was remanded by the City Council to the
Planmng 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 an 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
SECTION 4 ~ For purposes of this ordinance the following terms are defined
to mean
Accepted for fihn~ means the status of a residential development application
following submission and acceptance as complete by the Director of all
application materials and documents reqmred by the City Code of Ordinance
Ci_ty means the City of Denton, Texas
Concept 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 prowded for an Chapter 35, Article IV of
the Code of Ordinances of the C~ty
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
PJ~[.~]~i~I~I means a planned development district as defined m Chapter
35, Article IV of the Code of Ordinances of the City
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Prollmlnarv plat means a prehmlnary plat as defined in Section 34-11 and as
provided for in Section 34-18 of the Code of Ordinances of the City
Pr0pertv owner means an owner as defined in Section 34-11 of the Code of
Ordinances of the City
Residential development anphcatlon means a request to establish the use of the
property for residential purposes or a request to grant a penmt for such purposes,
including the establishment or approval of slngle-famdy attached or detached,
two-famdy, or multi-family dwellings Residential development anpllcatlon
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 pmhmmary or final plat for
residential use, or a request to approve a building permit for a multl-famdy
dwelling Restdentlal development apnhcatlon refers to the application form,
together with all documents and exhibits required of the applicant by the City for
development review purposes
Residential zomna district or residential uses means multi-family dwelling, two-
family dwelling, one-family dwellings, attached, and one-famdy dwelling,
detached uses
Rezomna means an application for amendment, supplement or change to zoning
as provided for ~n Section 35-7 of the Code of Ordinances of the C~ty
~0Jlgll~gllllkY~ means one-family dwelhng (attached) as defined in
Section 35-76 of the Code of Ordinances of the City
~ means one-famdy dwelling (detached) as defined ~n
Section 35-76 of the Code of Ordinances of the City
Two-famdv dwelhm, means a two family dwelhng as defined m Section 35-76 of
the Code of Ordinances of the City
Zonm~ means an apphcatlon for the first zoning classification and land use
conchtlons applicable to real property as provided for ~n Chapter 35 of the Code of
Ordinances of the City
Z01alna map means zomng thstrmt map as defined m Section 35-3 of the Code of
Ordmances of the C~ty
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SECTION 5 Rehef From Moratorium
A Rehefmouests
1 The applicant may pet~Uon the City Cotmcfl for relief from the
moratorium by requesting such relief m wnUng
2 The City Council shall not relieve the apphcant from the requirements of
this ordinance, unless the apphcant first presents credable evidence from
which the City Council can reasonably conclude that the ~mposlUon of the
moratorium deprives the applicant of a vested property right or deprives
the applicant of the economically wable use of his land
3 In deciding whether to grant relief to the apphcant, the City Council shall
take ~nto consideration the following
(a) whether granting relief from the moratorium jeopardizes the City's
best interests m ~mplementlng residential density hmltat~ons or
other development standards contmned ~n the proposed interim
development regulations,
(b) the suitability of the proposed residential uses in light of land uses
allowed m the zomng d~stnets on property adjacent to the proposed
Slte,
(c) the impact of the proposed residential use on the transportation
and other public faclhtms 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 hkehhood 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 rehance on prior regulations, including
the costs of installing infrastructure to serve the project,
(g) any fees reasonably prod in connection w~th the proposed use,
(h) any representatmns made by the City concerning the project and
reasonably rehed upon to the detriment of the applicant
4 The City Council may take the following actions
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(a) deny the rehef request,
(b) grant the rehef request, or
(c) grant the rehef request subject to condlttons consistent w~th the
criteria set forth ~n th~s section
B Minimum rehef Any rehef granted by the C~ty Council shall be the mimmum
dewatxon from ordinance reqmrements necessary to prevent deprivation of a
vested property right
~ Moratonum Period The moratorium estabhshed by th~s ordinance shall
commence on the effective date of th~s ordinance and expire on February 2, 2000 The C~ty
Council reserves the right to extend the moratorium if the ~ntenm regulations do not become
effective on or before stud date Should the ~ntenm regulations be adopted before stud date, the
or&nance adopting the ~ntenm regulations will conttun a clause terminating the moratorium as of
the date of such adoptxon
SECTION 7 Preamble Findings The findings and recitations conttuned ~n the preamble
of this orthnance are substantive and are hereby incorporated ~nto the body of th~s ordinance
SECTION 8 Severablhtv If any provision of this ordinance or the apphcatlon thereof
to any person or c~rcumstance ~s held mvahd by any court, such ~nvahd~ty shall not affect the
vahdlty of other provisions or apphcat~ons, and to thru end the prowmons of thru ordinance are
severable
SECTION 9 Effective Date Tlus ordinance shall become effecUve ~mmedmtely upon
the date or,ts passage and approval
PASSED AND APPROVED flus the/_~day of December, 1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By ff _(~. ~)~2~/~l
APPROVED AS TO LEG~ FO~
HE~ERT L PRO~Y, CITY ATTO~Y