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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 EEM1111��nen.�. S MIN ■N.� .... �.A. . ��� !:m 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 .=EIII�IIIINIII =' nna:LgT■ R M v. ■ Na� X17