1997-041RESOLUTION NO. 97-41
A RESOLUTION EXTENDING A MORATORIUM FOR AN ADDITIONAL
FORTY-FIVE (45) DAYS ON THE APPROVAL OF ASSISTED CARE
LIVING CENTERS; PROVIDING FOR A METHOD OF REPEAL OF THIS
MORATORIUM; AND PROVIDING THAT THIS RESOLUTION SHALL
TAKE EFFECT UPON EXPIRATION OF THE CURRENT MORATORIUM.
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 (also known as personal 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 on 12-03-96 adopted a 120 day moratorium on the issuance
of permits for assisted care living centers in order 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 Comprehensive
Zoning Ordinance related to assisted care living centers 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, on 4-01-97 an additional sixty (60) day moratorium was placed on the issuance
of permits for assisted care living centers is a minimally intrusive method of maintaining the status
quo until such review could be completed; and
Resolution No. 97-41
Page 2
WHEREAS, in accordance with the directive in said moratorium, a proposed ordinance
regarding the location and development of assisted care living centers has been prepared and acted
upon by the Planning and Zoning Commission with a recommendation forward to City Council for
consideration; and
WHEREAS, the City Council has determined that the moratorium should be extended in
order to allow for City Council review to be completed;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
For a period of forty-five (45) days, effective upon expiration of the original one hundred and
twenty (120) day moratorium and the sixty (60) day extension thereof, 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 the
original moratorium 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.
This moratorium shall remain in effect for forty-five (45) days or until such time as the City
Resolution No. 97-41
Page 3
Council has had a reasonable opportunity to consider an act upon appropriate amendments to the
zoning regulations applicable to assisted care living centers. 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 on June 30, 1997 unless it is specifically extended by
additional'City Council action.
SECTION 5.
PASSED, APPROVED AND EFFECTIVE ON THIS
1997.
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Mayor Rick Stacy
ATTEST:
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Sandra L. LeGrand
City Secretary
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