1996-071W • r
RESOLUTION NO. 96-71
A RESOLUTION DECLARING A ONE HUNDRED TWENTY (120) DAY
MORATORIUM ON THE APPROVAL OF ASSISTED CARE LIVING
CENTERS; DIRECTING THE PLANNING AND ZONING COMMISSION
OF THE CITY OF SOUTHLAKE TO CONDUCT INVESTIGATIONS AND
TO REPORT TO THE CITY COUNCIL AS EXPEDITIOUSLY AS
POSSIBLE ITS RECOMMENDATIONS RELATING TO THE
REGULATION OF ASSISTED CARE LIVING CENTERS WITHIN THE
CITY; PROVIDING FOR A METHOD OF REPEAL OF THIS
MORATORIUM; AND PROVIDING THAT THIS RESOLUTION SHALL
TAKE EFFECT IMMEDIATELY UPON PASSAGE
WHEREAS, the City Council of the City of Southlake has adopted Ordinance No.
480, as amended, as the Comprehensive Zoning Ordinance of the City, which regulates the
location and use of buildings, other structures and land for business, industrial, residential
and other purposes; and
WHEREAS, the Comprehensive Zoning Ordinance does not contain specific
regulations applicable to the location or development of assisted care living centers; and
WHEREAS, the city has received inquiries regarding the location and development
of assisted care living centers within the city which might adversely affect surrounding
properties or the proper and orderly growth of the city; and
WHEREAS, the city council desires to maintain the status quo within the city until
such time as the city council has had a reasonable time to review the provisions of the
assisted care living centers Comprehensive Zoning Ordinance related to within the city and
to take appropriate action as may be required to protect the public health, safety and
welfare with regard to the prohibition of such centers; and
WHEREAS, a one hundred twenty (120) day moratorium placed on the issuance of
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permits for assisted care living centers is a minimally intrusive method of maintaining the
status quo until such review can be completed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
Effective immediately, and for a period of one hundred twenty (120) days, no
application for a permit shall be accepted and no permit shall be issued for any assisted care
living center in the City of Southlake unless an application for the permit was received by
the city prior to the passage of this resolution or unless the assisted care living center
receives planned unit development zoning approval from the city council. The purpose of
this moratorium is to maintain the status quo within the city until such time as proper
regulations have been adopted with regard to assisted care living centers.
SECTION 2.
The term "permit" as used in this resolution shall mean a license, certificate, approval,
registration, consent, permit, or other form of authorization required by law, rule, regulation,
or ordinance that must be obtained by a person in order to perform an action or initiate a
project for which the permit is sought.
SECTION 3.
The Planning and Zoning Commission is hereby directed to conduct public hearings
and initiate proper procedures for consideration of possible amendments to the
Comprehensive Zoning Ordinance regarding the location and development of assisted care
living centers. In particular, the Planning and Zoning Commission shall review and consider
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the most appropriate zoning district for the location of assisted care living centers in order
to achieve consistency with the Comprehensive Land Use Plan. The Planning and Zoning
Commission shall send out notices and hold public hearings in accordance with Chapter 211
of the Texas Local Government Code and shall elicit citizen comments with regard to the
amendments to be considered.
SECTION 4.
This moratorium shall remain in effect until such time as the City Council has a
reasonable opportunity to consider and act upon appropriate amendments to the zoning
regulations applicable to the above listed properties. Upon final adoption of any ordinance
amending the regulations applicable to assisted care living centers or upon a final
determination being made by the City Council that amendments are not necessary, this
moratorium shall expire. This moratorium shall automatically expire 120 days from the date
of adoption unless it is specifically extended by additional City Council action.
SECTION 5.
PASSED, APPROVED and EFFECTIVE on this 3rd day of December, 1996.
A T:
ity Secretary
Mayor, City of Southlake
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