HomeMy WebLinkAboutR-2004-06-A PASSED extend/expand moratorium additional 180 days
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By:
Source of Funds: N/A
Department:
Account Number: N/A
Report:
Resolution: X Ordinance:
Amount Budgeted: Nt A
Exhibits:
Resolution
Amount Requested: NIA.
Exhibits:
Map
Budgeted Item: YES NO
Exhibits: _Memo From N. Finan to City Council 6/4/04_
Exhibits: _Past packet material of February 9, 2004_
SUMMARY & RECOMMENDATION
This item was tabled at the June 14th City Council meeting pending notification of all property owners within the
area for the moratorium. Notices were sent on June 16th.
On February 9, 2004, City Council passed a resolution to establish a moratorium in the Main Street area from SH
146 to Broadway. A committee was formed to review the existing regulations and to make recommendations to the
Planning and Zoning Commission and eventually City Council on the possible establishment of a new district to
establish regulations that take into account the unique character of that district.
The Committee has met several times and the Planning and Zoning Commission has held one public hearing. (See
attached memo for more information.)
The committee does not feel it will complete its review and recommendation process in time for both the Planning
and Zoning Commission and City Council to take action before the current Moratorium expires. It is anticipated to
that the recommendation and new district regulations would be presented to City Council in October. The current
moratorium expires in August. The committee did recommend to expand the district slightly to include some
additional blocks near five points and some east of the existing district. (See attached map)
Action Required bv Council:
Consider taking action on Resolution 2004-06a to extend and expand the moratorium on new construction in the
Main Street area up to 180 additional days.
Staff recommends the extension and expansion of Resolution 2004-06 (now called 2004-06a).
Approved for City Council Al!enda
1-& -oi
Date
RESOLUTION NO. 2004-06-A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF LA PORTE,
TEXAS, RENEWING, EXTENDING, AND EXPANDING 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 MAIN STREET DEVELOPMENT DISTRICT; 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 developed and 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 City of La Porte has not conducted a thorough review of its Main
Street Development Zoning and Planning regulations since 1987; and
WHEREAS, the City Council of the City of La Porte desires to avoid the adverse
effects further development without appropriate zoning and planning regulations 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 the Main Street District development regulations; and
WHEREAS, continued refinement of development standards ensures
neighborhood and business 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 and commercial 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.
Redevelop areas, such as Main Street, to enhance its natural character
and historic appeal.
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 Main Street
Development District 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 "Main Street Development District", or words of similar import, shall include, but
not be limited to development occurring within the area described in the document
attached to this Resolution as Exhibit "A".
SECTION 3. That there is hereby established a moratorium on the issuance of
any permits for construction of or reconstruction in the Main Street Development District
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.
2
SECTION 4. That during the moratorium period no new zoning permits, building
permits (but only for new construction and not interior remodeling), 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 the
Main Street Development District 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 and/or subdivision
regulation changes affecting the Main Street Development District, 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 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 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.
3
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 Main
Street Development District for shall expire on
p.m., Central Standard Time.
January 8
,2005 at 11:59
SECTION 8. This Resolution shall take effect immediately from and after its
passage, and it is accordingly so resolved.
/ 1 ~1-'
DULY PASSED by the City Council of the City of La Porte, Texas, on the ~
day of DL! lu
f
,2004.
ATTEST:
~tfltt1~ t1&1I
Ma ha Gillett, City Secretary
APPROVED:
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-Bm ,~ e.,d~It,y., :!l,Yor Pro Tern
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City of La ):>orte
L~.;;;t;lbh.,'hed ]892
Memo
To: Mayor Pro-Tern and City Council
Debra Feazene, City Manager
John Joems, Assistant City Manager 91!
From: Nicholas Finan, Interim Planning Director ..
Date June 4th , 2004
Re: Moratorium on Main Street area
At the February 9th, 2004, meeting of City Council a resolution was approved providing for a
moratorium on new construction and development related permits in the Main Street area - primarily
one block north and one block south of Main Street and from SH. 146 to and including the blocks at five
point (Broadway). (See attached map.)
A committee was fooned of local property owners, tenants (business owners), heritage society,
chamber representatives, residential owners, Main Street Association members and a Planning
Commission to work with staff to present to the Planning and Zoning Commissioner and eventually City
Council. The committee has had several meetings and the Planning and Zoning Commission has held
a publ"tc hearing. The committee hopes to complete its portion on the process by August and host a
public hearing. It is anticipated that the proposed Main street District. would be presented to City
Council in OCtober.
The original moratorium is for 180 days; it will expire August 71h, 2004. There is a need to extend the
moratorium another 180 days or until an amendment to the zoning regulations is made to include a
Main street District.
Attachment Enclosed
REQUEST FOR CITY COUNCIL AGENDA ITEM
-
02/09/04
Agenda Date Requested:
Requested By:
Appropriation
Source of Funds:
Department:
Account Number:
Report:
Exhibits:
Resolution: X Ordinance:
Amount Budgeted:
Moratorium Resolution
Amount Requested:
Exhibits:
Resolution Exhibit A
Budgeted Item: YES NO
Exhibits:
Aerial & ZDnine Maps
SUMMARY & RECOMMENDATION
Recognizing a thorough review of the Main Street Development Zoning and Planning regulations bas not been
conducted since 1987, a moratorium resolution for new construction in the Main Street Development District bas
been developed. This resolution implements a 180-day moratorium that unless amended by Council would expire at
the end of the stated time period.
",..-
While prohibiting the isSuance of new zoning permits, building permits or certificates of occupancy, the resolution
also allows an individual to request an exception from City Council should they feel the moratorium results in a
hardship. To avoid an impact on small internal repairs, remodeling of existing buildings, etc., limited permit review
authority by the Director of Planning is provided. This will enable staff to consider permits for existing businesses.
Action Reauired bv Council:
Review and approve the 180-day Moratorium Resolution
Approved for City Council Aeenda
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~ 3-[j
Date
",~
RESOLUTION NO. g fXJ 4-" - O~
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 MAIN STREET
DEVELOPMENT DISTRICT; 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 developed and 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 City of La Porte has not conducted a thorough review of its Main
Street Development Zoning and Planning regulations since 1987; and
-
WHEREAS, the City Council of the City of La Porte desires to avoid the adverse
effects further development without appropriate zoning and planning regulations 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 the Main Street District development regulations; and
WHEREAS, continued refinement of development standards ensures
neighborhood and business 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 and commercial uses and ensure the highest quality living
environment.
Seek to ensure thafaCfjacenflana uses are devet<Jp-e-crc;ompatiblrarrd------
take measures to mitigate land use transitions with differing intensities.
---
Redevelop areas, such as Main Street, to enhance its natural character
and historic appeal.
,,-
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
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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 Main Street
Development District 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 "Main Street Development District", or words of similar import, shall include, but
not be limited to development occurring within the area described in the document
attached to this Resolution as Exhibit "A".
SECTION 3. That there is hereby established a moratorium on the issuance of
any-p-ermits-rorconstnrctiolTOrorreconstruclion-in-the-Main-Street-Bevelepmeflt-9istFiet---
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.
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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 Main
~ ' ~ - DC; , 2004 at 11 :59
Street Development District for shall expire on
p.m., Central Standard Time.
SECTION 8. This Resolution shall take effect immediately from and after its
passage, and it is accordingly so resolved.
DULY PASSED by the City Council of the City of La Porte, Texas, on the
q-l~
day of _fe f;(u(). (~
,2004.
APPROVED:
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ATTEST:
IlJi 6it&
. f!((i/J~ ,.
Mart a Gillett, City Secretary
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EXHIBIT "An to ORDINANCE #2004-
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