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1999-067Resolution No.99-67 Page 1 RESOLUTION NO. 99-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, DECLARING A MORATORIUM ON THE ISSUANCE OF PERMITS FOR COVERED PARKING AND CARPORTS ON NON-RESIDENTIAL PROPERTIES PENDING THE STUDY, REVIEW, AND DISCUSSION OF PROPOSED REGULATIONS REGARDING SUCH COVERED PARKING AND CARPORTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 19, 1989, the City Council of the City of Southlake adopted the Comprehensive Zoning Ordinance No. 480, as amended, which incorporates regulations for accessory structures; and WHEREAS, the City Council of the City of Southlake did not include specific regulations for non-residential covered parking and carports in the regulations for accessory structures; 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. 480, as amended, regarding regulations for covered parking and carports on non-residential properties; 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 permits for covered parking and carports on non-residential properties 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 many be required to protect the NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\99-67.DOC Resolution No.99-67 Page 2 public health, safety and welfare; and WHEREAS, a 120 day moratorium placed upon the issuance of permits for covered parking and carports on non-residential properties 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. There is hereby declared to be a moratorium on the issuance of all permits for covered parking and carports on any property zoned for non-residential use under the City's Comprehensive Zoning Ordinance ("non-residential property") within the City of Southlake. Effective immediately and for a period of 120 days, no application for a permit shall be accepted and no permit shall be issued or granted for the use of or the construction of any covered parking or carport on a non- residential property. This moratorium shall apply to any applications for permits for covered parking or carports on non-residential property that are filed after the date of this resolution. SECTION 2. The purpose of this moratorium is to maintain the status quo until such time as proper regulations have been adopted with regard to covered parking and carports on non-residential property. SECTION 3. 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 development or initiate NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\99-67.DOC Resolution No.99-67 Page 3 a project for which the permit is sought. SECTION 4. 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: 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 property to which the variance has been granted. NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\99-67 DOC Resolution No.99-67 Page 4 SECTION 5. This moratorium shall be considered in full force and effect upon its passage and for a period not to exceed one hundred twenty (120) days unless terminated prior to that time by action of the City Council. Upon final adoption of an ordinance adopting amendments regarding the regulation of covered parking and carports on non-residential property, or upon a determination being made that such amendments are not appropriate, this moratorium shall expire. This moratorium shall automatically expire one hundred twenty (120) days from the date of adoption unless it is specifically extended by additional City Council action for an additional period of time. SECTION 6. The Planning and Zoning Commission is directed to expeditiously review amendments to the Zoning Ordinance, conduct public hearings, and initiate proper procedures for consideration of j adoption of Zoning Ordinance amendments regulating covered parking and carports on non- residential property. SECTION 7. This resolution shall become effective on the date of approval by the City Council. NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\99-67.DOC Resolution No.99-67 Page 5 PASSED AND APPROVED THIS ATTEST: A"t,,AA Sandra L. LeGrand City Secretary APPROVED AS TO FORM: kjar City Attorney City of Southl e, Texas 3 DAY OF v CITY OF SOUTHLAKE By: _ Rick Stacy, Mayor 1999. NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\99-67.DOC