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HomeMy WebLinkAboutR-2002-20 placing 180 day moratorium to accept filing/issuance of new construction permits . e RESOLUTION NO. 2. D02~' 2..0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF LA PORTE, TEXAS, PLACING A MORATORIUM ON THE ACCEPTANCE FOR FILING AND THE ISSUANCE OF BUILDING PERMITS AND ALL OTHER ZONING AND/OR DEVELOPMENT PERMITS FOR NEW CONSTRUCTION IN THE MID AND HIGH- DENSITY RESIDENTIAL ZONING DISTRICTS; PROVIDING THAT SUCH MORATORIUM SHALL EXPIRE AFTER ONE HUNDRED EIGHTY (180) DAYS OR DISPOSITION OF ZONING CHANGE PROCEEDINGS WITH REGARD TO SUCH DISTRICTS, WHICHEVER COMES FIRST; PROVIDING FOR SPECIAL EXCEPTIONS IN THE EVENT OF HARDSHIP; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there is undeveloped land in the City of La Porte, Texas, the development of which may significantly impact City services, such as water, sanitary sewer, traffic, sanitation, and fire and police protection; and WHEREAS, the construction of Mid and High Density Residential projects have raised concerns regarding the impact of these projects on adjacent properties; and WHEREAS, the City of La Porte has not conducted a thorough review of its Mid and High Density Residential regulations since 1987; and WHEREAS, the City Council of the City of La Porte desires to avoid the adverse effects such development may have on the public health, safety, and welfare of the citizens of the City of La Porte; and WHEREAS, the City Council of the City of La Porte, in order to avoid any adverse effects, to further the goals of the Comprehensive Plan update, to provide for orderly future development and growth, desires to establish a period of time in which to complete a review in regard to Mid and High Density Residential development regulations; and WHEREAS, continued refinement of development standards ensures neighborhood compatibility, minimizes incompatible elements between abutting land uses and contributes to a higher quality of life; and WHEREAS, the City's Comprehensive Plan Update made the following recommendations: Provide an appropriate amount of land for various densities and types of residential uses and ensure the highest quality living environment. Seek to ensure that adjacent land uses are developed compatibly and take measures to mitigate land use transitions with differing intensities. . e Evaluate the appropriateness of design standards that include landscaping, screening, increased lot sizes and setbacks, and other methods to minimize negative effects among different land uses. Determine appropriate residential densities for various areas within the City on the basis of accessibility, utility availability, topography, proximity to shopping areas, and other relevant factors. Update the Zoning Ordinance and Official Zoning Map to reflect identification of various areas of particular densities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: SECTION 1. The City Council of the City of La Porte finds and determines that the premises hereof are true and correct. SECTION 2. The City Council further finds and determines that it is in the best interests of the public health, safety and general welfare of the citizens of the City to place a moratorium on the acceptance for filing and consideration, and the issuance of building permits and all other development and zoning permits, for all properties in the Mid and High Density Residential Districts in the City for a period of one hundred eighty (180) days from the date hereof, and such moratorium is hereby imposed. For purposes of this moratorium, the term "Mid Density and/or High Density Residential Districts", or words of similar import, shall include, but not be limited to development occurring within Zoning Districts R-2, R-3, NC, GC, U, HI, and/or PUD. SECTION 3. That there is hereby established a moratorium on the issuance of permits for construction of any Mid Density or High Density Residential units within the City of La Porte, Texas for a period of up to one-hundred eighty (180) days from the date of passage of this Resolution. . e SECTION 4. That during the moratorium period no new Mid Density or High Density Residential building permits, or certificates of occupancy shall be issued and no letters of availability for utilities, as well as formal review or action by any City board, commission or department shall be authorized for any new Mid Density or High Density Residential location in the jurisdiction of the City of La Porte as described in Section 2 of this Resolution. SECTION 5. This moratorium shall remain in effect for a period of one-hundred eighty (180) days or until final action is taken on any proposed zoning andlor subdivision regulation changes affecting the Mid and High Density Residential Districts, or until final action is taken regarding amendment of the Comprehensive Zoning Ordinance and Map, and development regulations by the City Council, whichever comes first. SECTION 6. Any property owners subject to this moratorium may apply to the City Council for an exception in the event that a hardship results from its application, and the City Council is authorized to grant an exception to the moratorium imposed by this Resolution only when it finds that such hardship does exist. Any exception so granted shall not be a substitute for enforcement of current zoning, development or building regulations, policies and procedures of the City of La Porte. SECTION 7. This moratorium shall not apply to building permits within previously platted, duly recorded and properly zoned subdivisions approved by the City of La Porte Planning and Zoning Commission. Further, this moratorium does not apply to developments for which administratively complete applications for zoning permits, building permits, special conditional use permits, or any other development permits have been completed and filed with the City of La Porte prior to the passage of this e . resolution. In such event, the applicant may complete the permit review process and development approval process under existing City of La Porte regulations, policies, and procedures in connection with the proposed application. SECTION 8. The moratorium on the acceptance for filing and the issuance of building permits and all other development permits for new construction in the Mid and High Density Residential Districts for shall expire on July 11,2002 at 11 :59 p.m., Central Standard Time. SECTION 8. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DUL Y PASSED by the City Council of the City of La Porte, Texas, on the dayof J~ ,2002. II <tiJ APPROVED: Ib~~ ATTEST: ~~ '#- Martha Gillett, City Secret ry