1999-082H
Resolution No.99-82
Page 1
RESOLUTION NO. 99-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, EXTENDING A MORATORIUM
UNTIL FEBRUARY 2, 2000, ON THE ISSUANCE OF
PERMITS FOR COVERED PARKING AND CARPORTS ON
NON-RESIDENTIAL PROPERTY 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\RESEARCH\CARPORTS\CARPORT EXT RES.DOC
Resolution No.99-82
Page 2
public health, safety and welfare; and
WHEREAS, the City Council on August 31, 1999, adopted a 120 day moratorium placed
upon the issuance of permits for covered parking and carports on non-residential property as a
minimally intrusive method of maintaining the status quo until such review could be completed;
WHEREAS, the City Council has determined that the moratorium should be reinstituted
until February 2, 2000, 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 the 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 thirty-five (35) day moratorium, until February 2,
2000, effective upon approval of this resolution, 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. Furthermore, 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.
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 development or initiate
a project for which the permit is sought.
NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\RESEARCH\CARPORTS\CARPORT EXT RES.DOC
Resolution No.99-82
Page 3
SECTION 3.
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\RESEARCH\CARPORTS\CARPORT EXT RES.DOC
Resolution No.99-82
Page 4
SECTION 4.
This moratorium shall be considered in full force and effect upon its passage and for a period
not to exceed thirty-five (3 5) 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 thirty-five (35) days from the date of adoption, on February 2, 2000, unless it is specifically
extended by additional City Council action for an additional period of time.
SECTION 5.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS 7 DAY OF , 1999.
Nlli!
SO U TN
m`
ATTEST: '% •••...........• C2
Sandra L. LeGrand
City Secretary
CITY OF SOUTHLAKE
B .
Rick Stacy, Mayor
NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\RESEARCH\CARPORTS\CARPORT EXT RES.DOC
Resolution No.99-82
Page 5
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
NACOMMUNITY DEVELOPMENT\WP-FILES\ZBA\RESEARCH\CARPORTS\CARPORT EXT RES.DOC