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HomeMy WebLinkAboutRES 1983-034 CITY OF GRAPEVINE RESOLUTION NO. 83-34 A RESOLUTION PROVIDING FOR A TEMPORARY MORATORIUM ON REZONINGS, PLANNED DEVELOPMENT PERMITS, SPECIFIC USE PERMITS, AND BUILDING PERMITS IN THE CITY OF +� GRAPEVINE, TEXAS ,�,,,, WHEREAS, the City Council of the City of Grapevine, Texas, finds as follows: l. In 1974 the City of Grapevine adopted a Comprehensive Master Plan which contained, among other matters, goals, objectives, and policies with respect to future land use in the City of Grapevine. 2. The 1974 Comprehensive Master Plan of the City of Grapevine contemplated that extensive portions of the City would develop with multiple-family housing at medium to high densities (21 to 80 persons per acre), with commercial uses and with industrial uses. 3. Very little of the medium to high density multiple-family development, commercial and industrial development indicated on the 1974 Comprehensive Master Plan has occurred, although the areas indicated for such development in the 1974 Plan were classified for such uses pursuant to Zoning Ordinance No. 70-10, as amended, of the City. 4. Most of the residential development in the City since 1974 has been single-family homes, and in some instances such development has occurred in areas designated by the 1974 Plan and classified in the 1970 � Zoning Ordinance, as amended, for medium to high density, residential development. � 5. One consequence of the actual residential development pattern and trend in the City since 1974 has been that single-family homes are now located in areas where potentially incompatible multiple family buildings may currently be constructed. 6. In 1980, the City of Grapevine undertook a review of the 1974 Comprehensive Master Plan and in particular of the population projections, housing data, future land use, and thoroughfare elements of the 1974 Plan. 7. In December, 1981, the City of Grapevine adopted Update 1980 of the 1974 Comprehensive Master Plan which revised and amended the Comprehensive Master Plan of the City in material and significant respects, particularly with respect to the residential densities in the Future Land Use Plan. 8. As a result, in some of the residential districts of the City, the currently effective zoning regulations permit greater residential densities than those shown in the Update 1980 Future Land Use Plan. 9. Among the needs idenitified by the Land Use Element of �' Update 1980 was the revision of the Zoning Ordinance to reflect the � proposals made in the Land Use Plan. � 10. On November 2, 1982, the City Council of Grapevine passed and approved Zoning Ordinance No. 82-73 in implementation of the aforesaid recommendation in Update 1980 of the Comprehensive Master Plan. 11. Section 46 of Ordinance No. 82-73 provides that the zoning regulations and classifications of Ordinance No. 70-10 will remain in effect as to all property, except property thereafter rezoned, until such time as the City Council has defined and created the use districts established by Ordinance No. 82-73. 12. Section 46 of Ordinance No. 82-73 further provides that as soon as practicable after the adoption of Ordinance No. 82-73 the City ,,�. Council shall institute proceedings to rezone all of the City of Grapevine to the districts, regulations and classification established by Ordinance No. 82-73. "`� 13. By Resolution No. 83-29 the City Council directed the City Manager and the City Staff to provide a report and recommendation with respect to proposed amendments to the Master Plan and Zoning Ordinance and an outline of the procedure needed to adopt a Zoning Map that incorporates the provisions, land uses and principles contained in the Comprehensive Master Plan, Update 1980, and the City Manager and the City Staff have submitted that report. 14. The City Manager and the City Staff estimate that the preparation and submission of detailed proposals for amendments to the text of the Zoning Ordinance and to the Zoning Map, the publication of notice for and the holding of public hearings on said proposals by the Planning and Zoning Commission, and the submission of a report thereon by the Commission will require a period of 150 days. 15. The City Council anticipates that the owners and pro- spective developers of property, particularly residential property, that is designated in the Update 1980 Plan for more restrictive densities than are currently permitted under the existing zoning restrictions may endeavor, during the period that implementation of the Update 1980 Future Land Use Plan is under consideration, to seek to prevent implementation of the °�" Update 1980 Plan by securing building permits, or other governmental permits and approvals in order to secure the right to commence and complete construction that is in conflict with the Update 1980 Plan. 16. It is essential in order to preserve the ability of the City Council to implement the Update 1980 Future Land Use Plan and to protect the health, safety, and welfare of the citizens of Grapevine, to avoid the creation of unnecessary fiscal and economic burdens on the City were development to take place in conflict with the Update 1980 Comprehensive Master Plan, and in particular to protect the value, use, and enjoyment of existing single-family developments from the construc- tion of inharmonious development that would conflict with the Update 1980 Plan, that the issuance of building permits, specific use permits, and other governmental permits and approvals, and the adoption of rezonings be deferred for a period of 150 days pending the submission by the Planning and Zoning Commission of its report on proposed amendments to the text of the Zoning Ordinance No. 82-73, and the Zoning Map. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. All of the matters contained in the preamble are found by the City Council to be true and correct and are incorporated herein as if copied in their entirety. � Section 2. Purpose. �, (a) The purpose of this Resolution is to enable the City of Grapevine to maintain the status quo for a reasonable time in those portions of the City in which the currently effective zoning regulatons are less restrictive than are proposed in the Update 1980 Com- prehensive Master Plan pending the institution and completion of proceedings to rezone the City of Grapevine and to amend the Zoning Map to conform to the districts, regulations and classi- fications established by Zoning Ordinance No. 82-73. -2- (b) It is the further purpose of this Resolution to fulfill the City's constitutional, charter and statutory obligations to protect and preserve the health, safety, and we�fare of the citizens of the City of Grapevine to defer governmental decisions on rezoning, specific use permits, building permits, and other governmental permits and approvals until the City Manager, City Staff, and Planning and Zoning Commission has instituted and completed proceedings on recommendation for changes in the Zoning Map to conform to the districts, regulations and classifications established by Zoning �.••. Ordinance No. 82-73. Section 3. Policies. � (a) It is the policy of the City of Grapevine that the zoning districts and classifications shown on the Zoning Map, and the development of land in the City must be consistent with the Land Use Plan Map in the adopted Update 1980 Comprehensive Master Plan, or that it must be shown that such districts, classifications, or development will implement the policies contained in the Plan. (b) It is the policy of the City of Grapevine to implement the policies of the Update 1980 Comprehensive Master Plan through the Zoning Ordinance, and other land use regulations of the City. (c) It is further the policy of the City to provide a procedure for alleviating any demonstrable cases of extraordinary hardship that may be occasioned by the moratorium imposed by this Resolution. Section 4. Definitions. (a) Accessory building, accessory structure, accessory use, building shall have the meaning assigned to those terms in Section 51 of Zoning Ordinance No. 82-73. �"'""" (b) Moratorium Area. All parcels and tracts on which the present zoning regulations are, or may be, inconsistent or in conflict with � the Future Land Use Plan as shown on Map 2 at page 69 of the Update 1980 Comprehensive Master Plan, which parcels and tracts are shown fully and in detail on Exhibit A, attached hereto and made a part hereof. Section 5. Imposition of Moratorium. For a period of 150 days from and after the effective date of this Resolution: (a) No building permit may be issued for any construction in the Moratorium Area except as provided in Section 6 of this Reso- lution. (b) No rezoning or planned development proposal, or specific use permit shall be considered by the Planning and Zoning Commission or the City Council that would conflict with goals, objectives and policies of the Update 1980 Comprehensive Master Plan or the Future Land Use Plan contained therein. Section 6. Exceptions. Notwithstanding the provisions of Section � of this Resolution, a building permit may be issued: (a) For construction of accessory buildings, structures and uses, and """"" fences, maintenance or repair of existing building where no change in use or increase in density is involved; � (b) When, pursuant to Section 7 of this Resolution the City Council has determined that deferral of action on a building permit, rezoning, � planned development permit, or specific use permit would impose an extraordinary hardship on a land owner or developer. -3- Section 7. Alleviation of Hardship. (a) The City Council may authorize exceptions to the moratorium imposed by this Resolution when it finds, based upon evidence presented to it, that deferral of action on a building permit, rezoning, planned development permit, or specific use permit for the duration of the moratorium imposed by this Resolution would impose an extraordinary hardship on a land owner or developer. � (b) A request for an exception based upon extraordinary hardship shall be filed by the landowner, or the developer with the consent of the landowner, shall provide a recitation of the specific facts that are „�„ alleged to support the claim of extraordinary hardship, and shall contain such other information as the City Manager shall pre- scribed as necessary for the City Council to be fully informed with respect to the application. (c) In reviewing an application for an exception based upon a claim of extraordinary hardship, the City Council shall consider the follow- ing matters: 1. The extent to which the proposed use is consistent with the Update 1980 Comprehensive Master Plan. 2. The extent to which the applicant has prior to August 2, 1983, made a substantial commitment of money or resources directly associated with physical improvements on the land such as grading, land balancing, installation of utility infrastructure or other public improvements, or for the design of specific buildings and improvements to be constructed on the site. 3. Whether the applicant prior to August 2, 1983, has con- tractual commitments to complete buildings and deliver title thereto or occupancy thereof. 4. Whether prior to August 2, 1983, the applicant has incurred � financial obligations to a lending institution which, despite a "� thorough review of alternative solutions, the applicant cannot meet unless construction proceeds. 5. Whether deferral of action on a building permit, rezoning, planned development permit, or specific use permit will expose the applicant to substantial monetary liability to third persons; or would leave the applicant completely unable, after a thorough review of alternative solutions, to earn a reasonable return on the property. • 6. The extent to which the actions of the landowner were undertaken in good faith believe that the proposed construction was lawful, consistent with the Comprehensive Master Plan, and would be permitted to proceed to completion. (d) 1. A public hearing on any request for an exception for extraordinary hardship shall be held by the City Council at the first regular meeting of the City Council that occurs after the expiration of the period for publication of notice of the request for an exception. '""� 2. Notice of the filing of a request for an exception, and the date, � time, and place of the hearing thereon shall be published once not less than ten (10) days prior to said hearing in a newspaper of � general circulation that is circulated within the city limits of the City of Grapevine, Texas. 3. The public hearing on a request for an extraordinary hardship exception shall be conducted in accordance with the rules of the City Council with respect to requests for rezoning. -4- 4. The City Council shall act upon the request for an extraordinary hardship exemption at the same meeting at which the public hearing is held unless the applicant consents in writing or on the record to the delay. 5. A stenographic transcript of the public hearing and deliberations of the City Council on the request for exemption shall be made. 6. The applicant shall pay to the City a fee of $100.00 to cover the � cost of publication of notice and the recording and transcription of a stenographic transcript. Section 8. Severability Clause. If any section, article, paragraph, �""" sentence, clause, phrase or word in this Resolution or application thereto to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction such holding shall not affect the validity of the remaining portions of this Resolution; and the City Council hereby declares it would have passed such remaining portions of the Resolution despite such invalidity, which remaining portions shall remain in full force and effect. Section 9. This Resolution shall become effective from the date of its passage. PASSED AND APPROVED this 6th day of September, 1983. � -- Mayor, C'ty o Grapevine ATTEST: � City ecretary Y. l � [SEAL] VED AS TO FO City Attorney � �rrr . -5-