1998-059 Resolutionov- 5
RESOLUTION NO. 98-59
A RESOLUTION EXTENDING A MORATORIUM FOR AN
ADDITIONAL ONE HUNDRED EIGHTY (180) DAYS ON THE
ISSUANCE OF LICENSES FOR THE OPERATION OF
SEXUALLY ORIENTED BUSINESSES PENDING THE STUDY,
REVIEW AND DISCUSSION OF PROPOSED REGULATIONS
REGARDING SEXUALLY ORIENTED BUSINESSES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 1, 1987, the City Council of the City of Southlake
adopted Ordinance No. 399 regulating operation of sexually oriented businesses within
the City; and
WHEREAS, the City Council of the City of Southlake believes that it will take
several months to develop sufficient information to determine whether it is appropriate
to amend Ordinance No. 399 and Ordinance No. 480 regarding permitted locations for
the operation of sexually oriented businesses; and
WHEREAS, the City Council of the City of Southlake believes that it is necessary
and appropriate to institute temporary limitations on the issuance of licenses to operate
a sexually oriented business for a limited period of time to provide the city with the
opportunity to complete its study and review; and
WHEREAS, the City Council desires to maintain the status quo within the city
until such time as the Planning and Zoning Commission and the City Council have had
a reasonable opportunity to study, discuss, review, and take appropriate action as may
be required to protect the public health, safety and welfare; and
WHEREAS, the City Council on 11-04-97 adopted a one hundred and eighty (180)
day moratorium on the issuance of licenses to operate a sexually oriented business as a
minimally intrusive method of maintaining the status quo until such review could be
completed; and
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Resolution No. 98-59
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WHEREAS, the City Council on 04-21-98 extended the moratorium for an
additional ninety-three (93) days on the issuance of licenses to operate a sexually
oriented business as a minimally intrusive method of maintaining the status quo until
such review could be completed; and
WHEREAS, the City Council has determined that the moratorium should be
reinstituted for one hundred eight (180) days in order to complete the study and to
allow the Planning and Zoning Commission sufficient time to complete its review and
recommendation to the City Council and to allow City Council time to review and take
appropriate action;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1.
There is hereby declared an additional one hundred eighty (180) day moratorium,
effective upon approval of this Resolution, on the issuance of all licenses for the
operation of a sexually oriented business within the City of Southlake. Furthermore,
no application for a license, certificate of occupancy or building permit shall be
accepted and no license, certificate of occupancy or building permit shall be issued for
the use of or the construction, repair or renovation of any structure or land for the
operation of a sexually oriented business.
SECTION 2.
Any person who believes that the moratorium established by this Resolution
unreasonably and unnecessarily impacts his property shall have the right to request a
variance to the provisions of this moratorium from the City Council. A person seeking
a variance shall make a written request to the City Council by submitting it to the City
Secretary's office. The request must provide the following information:
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Resolution No. 98-59
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a. A description of the property to be covered by the variance.
b. An explanation as to why the application of the moratorium is unreasonable as
applied to the applicant's property.
c. A description of any negative impacts created by the moratorium provision.
The City Secretary's office shall place the request for a variance on the agenda of
the City Council for consideration at a public meeting. The applicant shall receive
written notice of the date of the proposed hearing on the variance request. The City
staff shall not be required to provide written notice of the variance request to any other
individual or entity. On the date that the item is set for hearing, the City Council shall
conduct a public hearing on the variance request giving any individual who desires to
present information or evidence to the Council on the appropriateness or
inappropriateness of the variance the opportunity to appear before the Council and
present such information. At the conclusion of the hearing, the City Council, by
majority vote, may approve a variance to the provisions of this moratorium resolution
or may deny the request for variance. The approval of a variance shall entitle the
applicant to proceed through the normal permitting process for the property to which
the variance has been granted.
SECTION 3.
This moratorium shall be considered in full force and effect upon passage of this
Resolution and for a period not to exceed one hundred eighty (180) days from the date
of its approval unless terminated prior to that time by action of the City Council upon
final adoption of an amendment, if determined appropriate and necessary, to Ordinance
No. 399 and Ordinance No. 480 regarding permitted locations for the operation of
sexually oriented businesses. This moratorium shall automatically expire on February
13, 1999 unless it is specifically extended by additional City Council action.
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SECTION 4.
PASSED AND APPROVED ON THIS
1998.
ATTEST:
Sandra L. LeGrand
City Secretary
DAY OF
Mayor Rick Stacy
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FROM:
City of Southlake, Texas
August 12, 1998
Curtis E. Hawk, City Manager
Karen P. Gandy, Zoning Administrator
SUBJECT: Resolution No. 98-59, Reinstating 180 -Day Moratorium on Sexually Oriented
Businesses
Attached is Resolution No. 98-59 which would reinstate the moratorium on sexually oriented businesses
until February 13, 1999 for an additional 180 days. My work is progressing on the required study, but due
to a heavy workload of ordinance revisions, I have not been able to complete the study and process the
necessary ordinance revisions. I hope to have the study and ordinances on the Commission's agenda for
their December meetings.
Should you have questions regarding any of the above, please call me at (817) 481-5581, extension 743
KPG
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