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Home My WebLink AboutR-2004-06-A TABLED extend/expand moratorium additional 180 days e . DR-oi rante TAt3/v?J RESOLUTION NO. 2004-G6-A (p 11'-1/ Of 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. 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 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 e . 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 e e 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 December 11 , 2004 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 , 2004. APPROVED: Barry Beasley, Mayor Pro Tern ATTEST: Martha Gillett, City Secretary 4 e e - e ~ .... CJ) ~ ~ .... e e Citv of La Porte E\(;/bli",,'!7ed 1892 Memo T.. Mayor Pro- Tern and City Council Debra FeazeUe, City Manager John Joems, Assistant City Manager roJIf From: Nicholas Finan, Interim Planning Director .. DaIec June 41b , 2004 Re: Moratorium on Main Street area At the February t/', 2004, meeting of City Council a resolution was approved providing for a moratorium on new construction and development related pennits 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 fonned 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 public 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 71b, 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