HomeMy WebLinkAboutR-2002-36
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 14. 2002
Appropriation
er/Gwen Goodwi
Source of Funds:
Budgeted Item:
N/A
N/A
N/A
N/A
NO
Department: Plannin2
Account Number:
Report: _Resolution: ~Ordinance: _
Amount Budgeted:
Exhibits:
Resolution
Amount Requested:
YES
SUMMARY & RECOMMENDATION
On February 11, 2002, City Council passed Resolution #2002-20. This placed a I80-day moratorium on new
construction of mid to high density residential development to review current regulations and possibly adopt
new regulations. Previously, the moratorium was extended for 60 days at the Council's July 8, and August 26,
2002 meetings. Currently, the moratorium will expire on October 24,2002.
At the Council's September 23, 2002 meeting, a public hearing was held. During the meeting, the Council
tabled the adoption of the mid to high density regulations. The Council asked Staff to develop additional options
to the proposed 2,500' spacing requirement.
This moratorium extension is provided for Council's consideration in case there is no action taken on the
proposed amendments to the zoning regulations regarding mid and high density residential developments.
Action Reauired bv Council:
1. Consider adopting a Resolution extending the moratorium on mid to high density residential
development for an additional 90 days.
Approved for City Council A2enda
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
EXTENDING THE MORATORIUM ON THE ACCEPTANCE FOR FILING AND THE
ISSUANCE OF BUILDING PERMITS AND ALL OTHER ZONING ANDIOR
DEVELOPMENT PERMITS FOR NEW CONSTRUCTION IN THE MID AND HIGH-
DENSITY RESIDENTIAL ZONING DISTRICTS, ADOPTED FEBRUARY 11, 2002;
PROVIDING THAT SUCH EXTENSION SHALL EXPIRE AFTER NINETY (90) 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.
RESOLUTION NO. 2002 -
WHEREAS, there continues to be 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, which said
concerns have been the effort of a significant and intensive effort to develop new
regulations for mid and high density residential developments within the City of La Porte;
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 extend the period of time in which to complete a review
of Mid and High Density Residential development regulations, since efforts to revise the
zoning ordinance regulations regarding mid and high density residential development have
been conducted in an orderly and timely fashion, yet have not been completed within the
time period set for the original moratorium, the first extension thereof, nor the second
extension due to expire on October 24, 2002; 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.
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
extend the moratorium heretofore placed on February 11, 2002, and thereafter extended
on July 8, 2002, and extended again on August 26, 2002, 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
an additional period of ninety (90) days from the date hereof, and such moratorium is
hereby imposed and extended. 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 an extension of the 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 ninety (90) days from the date
of passage of this Resolution or on January 12, 2003, whichever date first occurs.
SECTION 4. That during the moratorium period, and the moratorium extension
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 extension of the moratorium shall remain in effect for a period of
ninety (90) days or until final action is taken on any proposed zoning and/or 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 and/or this extension
of the 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
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. This extension to 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 January 12, 2003, 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.
DULY PASSED by the City Council of the City of La Porte, Texas, on the
day of ,2002.
APPROVED:
Norman L. Malone, Mayor
ATTEST:
Martha Gillett, City Secretary