Item 9BCity of Southlake
Department of Planning
MEMORANDUM
November 26, 2003
TO: Honorable Mayor and City Council Members
FROM: Bruce Payne, AICP, Planning Director
SUBJECT: Resolution 03 -076 - Moratorium on development on specific industrially designated property.
REQUESTED ACTION: Consideration of a resolution declaring one - hundred eighty (180) day
moratorium on development on specific industrially designated
parcels.
BACKGROUND: City Council has raised several concerns about development potential
in the industrially designated area along S.H. 26. Specifically, Council
desires to review development regulations that apply to certain
properties in this area. To this end, Council is exploring the possibility
of a development moratorium on parcels that are designated for
industrial land use according to the 1998 Land Use Plan based on two
options.
The two options are:
Option 1: All industrially designated parcels that are exempt
from City Council approved site plan requirements. This
option would apply to properties that are both developed and
undeveloped, regardless of the underlying zoning district.
This option will affect about 75 properties on approximately
264 acres.
Option 2: All industrially designated parcels that are presently
vacant; i.e., are undeveloped, regardless of zoning on the
property and are exempt from City Council approved site plan
requirements. Some of these parcels may include property
with approved preliminary and final plat (see Section 3 of the
resolution for exemptions). This option will affect about 24
properties on approximately 123 acres.
LEGAL REVIEW: The City Attorney's Office has reviewed the attached resolution.
Agenda Item
913
SUPPORTING DOCUMENTS: Attachment A- Resolution 03 -076 Option I and corresponding map
showing the applicable parcels.
Attachment B- Resolution 03 -076 Option 2 and corresponding map
showing the applicable parcels.
Approved for Submittal to City Council:
City Manager's Office
Agenda Item
9B
ATTACHMENT A — Option 1
RESOLUTION NO. 03 -076
A RESOLUTION DECLARING A 180 DAY MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS FOR OR THE ISSUANCE OF
BUILDING PERMITS, PRELIMINARY AND FINAL SUBDIVISION
PLATS, SITE PLANS, OR ZONING CHANGE APPLICATIONS FOR ALL
PROPERTIES DESIGNATED AS INDUSTRIAL ON THE CITY'S 1998
LAND USE PLAN AND ARE CURRENTLY EXEMPT FROM CITY
COUNCIL APPROVED SITE PLAN REQUIREMENTS UNTIL THE CITY
COUNCIL AND THE PLANNING AND ZONING COMMISSION
EVALUATE AND APPROVE APPROPRIATE REGULATIONS
RELATING TO PERFORMANCE STANDARDS AND IMPACTS OF SUCH
USES WITHIN THIS SPECIFIC ZONE; PROVIDING FOR A METHOD OF
REPEAL OF THIS MORATORIUM; PROVIDING A PROCEDURE FOR A
VARIANCE FROM THIS MORATORIUM; AND PROVIDING THAT
THIS RESOLUTION SHALL TAKE EFFECTIVE IMMEDIATELY UPON
PASSAGE.
WHEREAS, the City Council of the City of Southlake has within its master planning efforts for
the community identified an industrial area along State Highway 26; and
WHEREAS, the City's master land use and development plans indicate that this area has unique
opportunities to serve as a major commercial/industrial corridor because of its proximity to major
transportation arteries serving the region; and
WHEREAS, the area in question is physically located in a portion of the City where
commercial/industrial development will have minimal impact on single family residential areas and uses;
and
WHEREAS, the development of a high quality commercial/industrial area at this site will
contribute enormously to the economic growth of the community by providing needed ad- valorem and
sales tax revenue benefiting the community and reducing the tax burden of single family residential
homeowners; and
WHEREAS, the City Council has determined that it is vitally important that developments and
structures within this district are designed to maximize the potential of the district by ensuring that the
development standards applicable to these uses and structures produce the harmonious and compatible
utilization of property; and
WHEREAS, the City Council after due and careful consideration have determined that existing
development regulations governing commercial and industrial projects lack sufficiently definitive
standards concerning environmental performance to include noise generation, light generation, vibration,
smoke discharge, odor discharge, aesthetic appearance to include vertical articulation, horizontal
articulation, color scheme compatibility, traffic flow coordination, coordination systems and mechanisms
for delivery and transport vehicles with commercial and industrial loading and turning characteristics,
among other factors; and
Agenda Item
913
WHEREAS, the City Council after due and careful consideration of existing zoning, subdivision
and building regulations believes that it is imperative that an immediate review of the regulations
applicable to commercial and industrial uses on these specific properties be undertaken for the purpose of
revisions and updates; and
WHEREAS, the City Council has determined that failure to upgrade these regulations can lead to
the development of incompatible land uses and structures that reduce the attractiveness of this zone to
potential commercial and industrial developers thereby defeating its purpose as a commercial /industrial
district for the City; and
WHEREAS, the reduction in development potential of this area would be detrimental to the
master land use plan and the economic development plans of the community; and
WHEREAS, it is necessary to provide a moratorium period during which no new development
will occur to permit those studies and analyses necessary to prepare any regulatory changes appropriate
to ensure that development in this area achieves the goals and objectives of the City; and
WHEREAS, the City Council believes that a 180 day period is the minimum time necessary to
perform these duties in a reasonable manner and to prepare for possible implementation of those
regulatory changes necessary to implement their recommendations; and
WHEREAS, the City Council does not desire this moratorium to negatively impact applications
now pending before the City but rather to be prospective in nature from the date upon which this
resolution is adopted; and
WHEREAS, the City Council of the City of Southlake recognizes that there may be individuals or
businesses who have a legitimate reason to seek a variance from the requirements of this moratorium
based upon the unique needs of their project and who are able to demonstrate that the approval of their
project will not defeat the purposes of the City in adopting this moratorium;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
A moratorium is hereby imposed on the receipt, processing and approval of applications for
building permits, preliminary and final subdivision plats, site plan approvals, or zoning changes for
property described below. The moratorium shall be in place for 180 days following the adoption of this
resolution and may thereafter be extended by the City Council for good cause shown.
SECTION 2
The properties subject to this moratorium are those designated as Industrial in the city's 1998
Land Use Plan and are currently exempt from City Council approved site plan requirements (See
Attachment C for a map of the specific properties). This includes 75 properties totaling an area of
approximately 264 acres.
Agenda Item
913
SECTION 3
The moratorium established herein shall not apply to new developments on properties that were
included in a preliminary or final plat that has been approved by the Planning and Zoning Commission or
in an application for preliminary or final plat approval that has been submitted before the effective date of
the moratorium. This exemption shall continue to apply in case the preliminary and final plat are revised
or amended in the future.
SECTION 4
The Planning and Zoning Commission is directed to initiate and complete those studies and
analyses necessary to determine what, if any, regulatory changes are necessary in the ordinances of the
City of Southlake relating to building design and construction and the laying out of sites or developments
for commercial and industrial use with special emphasis on: noise generation, light generation, vibration,
odor discharge, smoke discharge, aesthetic appearance, vertical articulation, horizontal articulation,
exterior materials, traffic flow and management facilities for staff, visitors, service vehicles, and
commercial and industrial transport vehicles delivering or removing products from the facilities. The
Planning and Zoning Commission is directed to review all appropriate development regulations to suggest
changes that would produce harmonious development reducing the chances of incompatible use or
appearance impacts between properties as they are developed. The Planning and Zoning Commission
shall complete its work and make its recommendations to the City Council within 180 days following the
adoption of this Resolution or, if the Commission should determine that this time period is not feasible,
report back to the City Council with a proposed calendar in which it will complete its work. The
Commission shall hold such hearings as it deems necessary and appropriate to secure input from all
affected interests and parties in preparing their recommendations.
SECTION 5
The purpose of this moratorium is to maintain the status quo within the identified areas until such
time as the City has reviewed and, if necessary, amend its regulations and development standards where
necessary.
SECTION 6
Any property owner who believes that the imposition of this moratorium causes a unique and
unreasonable hardship upon his or her property or business shall have the right to request a variance to
the provisions of this moratorium. The property owners seeking a variance shall submit a written request
to the City Council 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 City Council on the appropriateness or inappropriateness of the
variance, the opportunity to appear before the City 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
Agenda Item
9B
this moratorium resolution or may deny the request for a variance.
SECTION 7
This moratorium shall remain in full force and effect upon its passage and for a period not to
exceed 180 days, unless terminated prior to that time by action of the City Council.
Passed and Approved this day of , 2003.
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Agenda Item
9B
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ATTACHMENT B — Option 2
RESOLUTION NO. 03 -076
A RESOLUTION DECLARING A 180 DAY MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS FOR OR THE ISSUANCE OF
BUILDING PERMITS, PRELIMINARY AND FINAL SUBDIVISION
PLATS, SITE PLANS, OR ZONING CHANGE APPLICATIONS FOR ALL
PROPERTIES DESIGNATED AS INDUSTRIAL ON THE CITY'S 1998
LAND USE PLAN AND ARE CURRENTLY VACANT (UNDEVELOPED)
UNTIL THE CITY COUNCIL AND THE PLANNING AND ZONING
COMMISSION EVALUATE AND APPROVE APPROPRIATE
REGULATIONS RELATING TO PERFORMANCE STANDARDS AND
IMPACTS OF SUCH USES WITHIN THIS SPECIFIC ZONE; PROVIDING
FOR A METHOD OF REPEAL OF THIS MORATORIUM; PROVIDING A
PROCEDURE FOR A VARIANCE FROM THIS MORATORIUM; AND
PROVIDING THAT THIS RESOLUTION SHALL TAKE EFFECTIVE
IMMEDIATELY UPON PASSAGE.
WHEREAS, the City Council of the City of Southlake has within its master planning efforts for
the community identified an industrial area along State Highway 26; and
WHEREAS, the City's master land use and development plans indicate that this area has unique
opportunities to serve as a major commercial/industrial corridor because of its proximity to major
transportation arteries serving the region; and
WHEREAS, the area in question is physically located in a portion of the City where
commercial/industrial development will have minimal impact on single family residential areas and uses;
and
WHEREAS, the development of a high quality commercial/industrial area at this site will
contribute enormously to the economic growth of the community by providing needed ad- valorem and
sales tax revenue benefiting the community and reducing the tax burden of single family residential
homeowners; and
WHEREAS, the City Council has determined that it is vitally important that developments and
structures within this district are designed to maximize the potential of the district by ensuring that the
development standards applicable to these uses and structures produce the harmonious and compatible
utilization of property; and
WHEREAS, the City Council after due and careful consideration have determined that existing
development regulations governing commercial and industrial projects lack sufficiently definitive
standards concerning environmental performance to include noise generation, light generation, vibration,
smoke discharge, odor discharge, aesthetic appearance to include vertical articulation, horizontal
articulation, color scheme compatibility, traffic flow coordination, coordination systems and mechanisms
for delivery and transport vehicles with commercial and industrial loading and turning characteristics,
among other factors; and
Agenda Item
913
WHEREAS, the City Council after due and careful consideration of existing zoning, subdivision
and building regulations believes that it is imperative that an immediate review of the regulations
applicable to commercial and industrial uses on these specific properties be undertaken for the purpose of
revisions and updates; and
WHEREAS, the City Council has determined that failure to upgrade these regulations can lead to
the development of incompatible land uses and structures that reduce the attractiveness of this zone to
potential commercial and industrial developers thereby defeating its purpose as a commercial /industrial
district for the City; and
WHEREAS, the reduction in development potential of this area would be detrimental to the
master land use plan and the economic development plans of the community; and
WHEREAS, it is necessary to provide a moratorium period during which no new development
will occur to permit those studies and analyses necessary to prepare any regulatory changes appropriate
to ensure that development in this area achieves the goals and objectives of the City; and
WHEREAS, the City Council believes that a 180 day period is the minimum time necessary to
perform these duties in a reasonable manner and to prepare for possible implementation of those
regulatory changes necessary to implement their recommendations; and
WHEREAS, the City Council does not desire this moratorium to negatively impact applications
now pending before the City but rather to be prospective in nature from the date upon which this
resolution is adopted; and
WHEREAS, the City Council of the City of Southlake recognizes that there may be individuals or
businesses who have a legitimate reason to seek a variance from the requirements of this moratorium
based upon the unique needs of their project and who are able to demonstrate that the approval of their
project will not defeat the purposes of the City in adopting this moratorium;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
A moratorium is hereby imposed on the receipt, processing and approval of applications for
building permits, preliminary and final subdivision plats, site plan approvals, or zoning changes for
property described below. The moratorium shall be in place for 180 days following the adoption of this
resolution and may thereafter be extended by the City Council for good cause shown.
SECTION 2
The properties subject to this moratorium are those designated as Industrial in the city's 1998
Land Use Plan and are currently vacant (undeveloped) (See Attachment B for a map of the specific
properties). This includes 24 properties totaling an area of approximately 123 acres.
Agenda Item
913
SECTION 3
The moratorium established herein shall not apply to new developments on properties that were
included in a preliminary or final plat that has been approved by the Planning and Zoning Commission or
in an application for preliminary or final plat approval that has been submitted before the effective date of
the moratorium. This exemption shall continue to apply in case the preliminary and final plat are revised
or amended in the future.
SECTION 4
The Planning and Zoning Commission is directed to initiate and complete those studies and
analyses necessary to determine what, if any, regulatory changes are necessary in the ordinances of the
City of Southlake relating to building design and construction and the laying out of sites or developments
for commercial and industrial use with special emphasis on: noise generation, light generation, vibration,
odor discharge, smoke discharge, aesthetic appearance, vertical articulation, horizontal articulation,
exterior materials, traffic flow and management facilities for staff, visitors, service vehicles, and
commercial and industrial transport vehicles delivering or removing products from the facilities. The
Planning and Zoning Commission is directed to review all appropriate development regulations to suggest
changes that would produce harmonious development reducing the chances of incompatible use or
appearance impacts between properties as they are developed. The Planning and Zoning Commission
shall complete its work and make its recommendations to the City Council within 180 days following the
adoption of this Resolution or, if the Commission should determine that this time period is not feasible,
report back to the City Council with a proposed calendar in which it will complete its work. The
Commission shall hold such hearings as it deems necessary and appropriate to secure input from all
affected interests and parties in preparing their recommendations.
SECTION 5
The purpose of this moratorium is to maintain the status quo within the identified areas until such
time as the City has reviewed and, if necessary, amend its regulations and development standards where
necessary.
SECTION 6
Any property owner who believes that the imposition of this moratorium causes a unique and
unreasonable hardship upon his or her property or business shall have the right to request a variance to
the provisions of this moratorium. The property owners seeking a variance shall submit a written request
to the City Council 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 City Council on the appropriateness or inappropriateness of the
variance, the opportunity to appear before the City 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
Agenda Item 10
9B
this moratorium resolution or may deny the request for a variance.
SECTION 7
This moratorium shall remain in full force and effect upon its passage and for a period not to
exceed 180 days, unless terminated prior to that time by action of the City Council.
Passed and Approved this day of , 2003.
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Agenda Item 11
9B
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