O-2005-1501-IIII Passed - Laserfiche WebLink

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to abridge this principle when they alter rules for a particular zoning use to suit an individual applicant. Given the Zoning Ordinance's lack of any method for attaching conditions or covenants to zone changes, and the prohibition against contract zoning found in Texas law, I would advise City Council to refrain from imposing any set of conditions as part of a vote to approve the rezone request. Specifically, should Council offer its support for the requested rezone change based on ChemQuest's promise to refrain from certain uses otherwise allowable in a General Commercial zone, it is likely the Council's decision would be construed as being linked to ChemQuest's representations, thus amounting to contract zoning. This would be the case even in the absence of a written pledge on the part of the City Council. I have been advised that the Planning Department is prepared to apprise the Council of the fact that ChemQuest has submitted a developer's agreement for the subject property, which if implemented would limit future site plans for proposed expansion to the office facilities outlined in the developer's agreement. From a legal perspective nothing precludes ChemQuest from voluntarily agreeing to limit itself to certain uses via a developer's agreement. Accordingly, the City and ChemQuest may. legally enter into a developer's agreement that sets out parameters for office space construction, in contemplation of the property being rezoned to General Commercial. However, as part of this process the City Council may not 1) contractually promise to ChemQuest that it will approve the rezone request subject to ChemQuest conforming to the developer's agreement, 2) vote to link an approval of the rezone request to ChemQuest's abiding by the developer's agreement, 3) vote to approve the rezone request with the condition that the rezone will revert back to residential should ChemQuest not follow through with the terms of the developer's agreement, or 4) vote to include terminology in the development agreement conditioning the rezone to ChemQuest's limiting expansion to certain uses. It is important to understand that the basis of Council's vote must be independent from the developer's agreement, such that the rezone can in no way be coupled with ChemQuest's performance under the agreement. It should also be noted that the proposed developer's agreement, after a rezone of the property, could not be enforced by the city to the extent any actual development is permissible under the new zoning classification. Also, Council should note that the developer's agreement (or any other self-imposed limitation by ChemQuest) would not bind a subsequent purchaser of the property. Finally, I would like to remind the City Council that it does have the option of asking the Planning and Zoning Commission to explore amending the Zoning Ordinance to incorporate certain additional restrictions on uses in General Commercial districts that abut residential zones. For example, limitations on expansion of certain