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1999-474 NOTE Amended by Ordinance No 2000-017 Amended by 0rdlnance No. 2000-065 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 contmns 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 alta its zonmg 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 hkely to occur in the intervening time period, and WHEREAS, it further appears that approval of such development applications inconsistent with the new Comprehanslve 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 certmn commercial development applications pending the development of criteria for determlmng 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 dunng 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 apphcatlon 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, fomaulatlon of conditions or issuance of prehmlnary or final approvals of such apphcatlons (B) In the event that an apphcataon for a commercial development application as submitted to the City, the application shall be returned, together with any proffered application fee, to the applicant with notification that the apphcatlon wall 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 ~ ~ For purposes of this ordinance the following terms are defined to mean Accepted for filin~ means the status of a commercial development application following submission and acceptance as complete by the Director of all application materials and documents reqmred by the City Code of Ordinances Catv means the City of Denton, Texas Commercial develonment annhcatlon means an apphcataon for detailed plan, preliminary plat, or final plat approval for commercial uses Commercial develoument annheataon refers to the application £orm, together with all documents and exhibits reqtured of the applicant by the City for development review purposes ~ 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 ~ means a general concept plan as provided for in Chapter 35, A_rtacle IV of the Code of Ordinances of the City ~ means a detailed plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City Develonment 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 nlat 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 planned develor>ment means a planned development district as defined in Chapter 35, Artmle IV of the Code of Ordmances of the City Prelmamarv nlat means a preliminary plat as defined in Section 34-11 and as provided for in Section 34-18 of the Code of Ordmances of the City Pronerty owner means an owner as defined in Section 34-11 of the Code of Ordmances of the City R,zonm~, means an apphcat~on for amendment, supplement or change to zonmg as provided for in Section 35-7 of the Code of Ordinances of the City Zomm, 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 ~ means the adoption of an ordinance approval zomng or rezomng and includes approval of a concept plan Zo_gg!flg._.~g means zonmg district map as defined in Section 35-3 of the Code of Ordinances of the City SECTION 3 Rehef From Moratorium A Rebel rea_uests 1 The applicant may petition the City Council for relief from the moratorium by requesting such rehef in writing 2 The C~ty Council shall not reheve the applicant from the requirements of this ordinance, unless the applicant first presents credxble ewdence from whxeh the City Council can reasonably conclude that the xmpositaon of the moratorium deprives the applicant of a vested property right or deprives the applicant of the economxcally viable use of his land 3 In demdlng whether to grant relief to the applicant, the C~ty 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 (c) the ~mpact of the proposed commercial use on the transportation and other pubhc facd~tms systems affected by the development, (d) the measures proposed to be taken by the applicant to prevent negative ~mpacts of the proposed use on the neighborhood, (e) the hkehhood that sufficient rehef wall be provided to the apphcant following adoption of the Comprehensive Plan consistency criteria, (f) the total expen&tures made in connection with the proposed commercml development in reliance on prior regulations, mcluding the costs of ~nstalhng infrastructure to serve the project, (g) any fees reasonably paid in connection w~th 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 rehefrequest, or (c) grant the relief request subject to cond~taons consastent w~th the criteria set forth in tlus section B Minimum rehef Any rehef granted by the C~ty Council shall be the m~mmmn dewatlon from ordinance reqmrements necessary to prevent depnvatlon of a vested property right ~C_.TI_Q]~k_~ Moratorium Period The moratorium established by thru ordinance shall commence on the effective date of this ordinance and expire on February 16, 2000 SECTION 5 Preamble Findings The findings and recitations contmned m the preamble of this ordinance are substantive and are hereby ~ncorporated into the body of this ordinance SECTION 6 Severabihtv If any prows~on of th~s ordinance or the apphcat~on thereof to any person or circumstance is held mvahd by any court, such ~nvahd~ty shall not affect the vahd~ty of other proms~ons or apphcatlons, and to this end the provisions of th~s ordinance are severable Page 4 of 5 SECTION 7 Effective Date TNs ordinance shall become effective ~mmed~ately upon the date of its passage and approval PASSED AND APPROVED this the ~_~day of ~j~ ,1999 JACI~.~ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By ~~ Page 5 of 5 \\CH LGL\VOLI\SHARED\DEPI~LGL\Our Documents\Ordmances\99hMoratonum commercml exemptions amendment doe 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 rater alta its zomng and subdivision regulations, m order to implement such polices, goals and strategies, and WHEREAS, at appears that substantml 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 apphcations inconsistent with the new Comprehensive Plan is contrary to the ~ntent and purposes of the plan, and WHEREAS, the City Council adopted Ordinance No 99-474 establishing a moratorium on certain eommermal development apphcatlons pending the adoption of the ~ntenm 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 exemptton for pubhe projects, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION1 Ordinance No 99-474 IS hereby amended by adding the following provisions ~ The moratorium estabhshed by Ordinance No 99-474 shall not apply to the following types of development appllcat~ons \\CH LGL\VOLl~shared\dept\LGL\Our Documents\Ordmances\99~Moratonum..commerclal e×empt~ons amendment do~ (A) a commercial develonment annhcatlon for commercial uses as listed in Exhibit A wlueh is attached hereto and incorporated by reference as if set out word for word, (B) a commercial develoDment annhcation for a public vro~ect A nubhc pro~ect is defined for the purposes of this ordinance as any project that is ~mtlated for a governmental entity This includes but is not hmlted to federal, state, county, mumcipal, school district or a sub&vision ora school &strict, special districts allowed by state law, publicly owned utility, or any other governmental or quasi-governmental authority ~ECTION 2 preamble Fm&n~s 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 Saving,. 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 Severablhtv If any provision of this ordinance or the apphcat~on thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the vah&ty of other provisions or apphcations, and to this end the provisions of this ordinance are severable ~ECTION 5 Attachment That a copy of this ordinance shall be attached to Ordinance No 99-474 showing the amendment herein approved ~ECTION 6 ~ This ordinance shall become effective immediately upon the date of its passage and approval PASSED AND APPROVED th~s the day of ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY EXHIBIT A The following specific uses (bold letters) whach are hsted m Sectmn 35-77 of the Code of Ordinances, C~ty 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\VOLI\SHARED\DEPT~LGL\Our Documents\Ordmances\99~vioratonum-commerctal amendment exhibit A doc ~\CH LGL\VOLI\SHARED\DEPT\LGL\Our Documents\Ordlnances\00\commerctal moratorium extension doc ORDINANCE NO 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 pohmes of the adopted comprehensive plant to certmn specified nonresidential development, and WHEREAS, the ordinances estabhshed that the moratorium was to expire on February 16, 2000, and WHEREAS, the C~ty Council has not adopted such ~ntenm regulations by February 16, 2000, and WHEREAS, the City Council finds that the moratorium should be extended untd March 8, 2000 ~n order to prowde for more citizen input and input from ~nterested part~es ~nto the standards to be adopted by the ~ntenm regulations, and WHEREAS, the City Cotmml finds that tt is in the public ~nterest to amend such ordinances to extend the moratorium, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance No ~,~99~474,~ SECTION 4, is hereby amended to read as follows Moratorium 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 Savln~. That the provisions of this ordinance shall govern and control over any conflmtlng prowslons 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 ~n conflict with this ordinance shall continue in full force and effect SECTION 3 Severablhtv. If any prowsion of ttus ordinance or the apphcat~on thereof to any person or circumstance m held invalid by any court, such ~nval~d~ty shall not affect the validity of other provisions or apphcat~ons, and to th~s end the provisions of this ordinance are severable l F \SHARED\DEPT\LGL\Our Documents\Ordmanccs\00\commermal moratormm extension doc SECTION 4 Attachment That a copy of this ordinance shall be attached to Ordinance No 99-474 showing the amendment hereto approved SECTION 5 EffegBv~ Date Th~s ordinance shall become effective ~mmed~ately upon the date of Its passage and approval PASSED AND APPROVED th~s the ~.~day of ~.~;g~ ,2000 JA K~)~LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY