Loading...
HomeMy WebLinkAboutO-2863-10-09ORDINANCE NO. 2863-10-09 ' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING AND IMPOSING A MORATORIUM PURSUANT TO CHAPTER 212, TEXAS LOCAL GOVERNMENT CODE, ON PROPERTY DEVELOPMENT, INCLUDING THE CONSTRUCTION, RECONSTRUCTION, OR OTHER ALTERATION OR IMPROVEMENT OF ALL COMMERCIAL PROPERTY WITHIN THE CITY OF ALLEN, TEXAS, FOR THE PURPOSE OF THE ESTABLISHMENT OF NEW ASSEMBLY USES AND THE EXPANSION OF ASSEMBLY USES PENDING THE REVIEW AND AMENDMENT OF THE ALLEN LAND DEVELOPMENT CODE ("ALDC") OF THE CITY OF ALLEN, TEXAS; PROVIDING FOR THE TEMPORARY SUSPENSION OF THE ACCEPTANCE, REVIEW AND APPROVAL OF PLATS, PERMITS, AND ZONING APPLICATIONS FOR THE CONSTRUCTION, RECONSTRUCTION OR OTHER ALTERATION OF NEW ASSEMBLY USES OR THE EXPANSION OF EXISTING ASSEMBLY USE ESTABLISHMENTS; PROVIDING FOR AN APPEAL PROCESS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of Allen, Collin County, Texas, seeks to provide for the orderly and safe development and/or redevelopment of land and use of property within its city limits to protect the health, safety and welfare of its residents, businesses and the general public; and, ' WHEREAS, the City Council of Allen, Collin County, Texas, is dedicated to the protection, enhancement, preservation of existing and undeveloped properties, places, buildings and structures because it is a desirable public goal and is needed in the interest of sustainability, social equity, economic development, environmental stewardship, education and general welfare of the people; and, WHEREAS, the City Council of Allen, Collin County, Texas, desires to execute its land use and development authority in a manner that will establish reasonable regulations for the development of assembly uses; and, WHEREAS, the City Council of Allen, Collin County, Texas, desires to enhance existing structures and properties located within the City available for commercial development and redevelopment; and, WHEREAS, the City Council of Allen, Collin County, Texas, desires to enhance property values and the quality of life within the City; and, WHEREAS, finds it necessary to impose a 90 -day moratorium on property development of new assembly uses and the expansion of existing assembly uses on all commercial property located within the boundaries of the City of Allen, Texas; and, WHEREAS, Chapter 212, Subchapter E, Texas Local Government Code, authorizes the City of Allen, Texas, to adopt and impose a moratorium on the property development of commercial property when applying the existing commercial development ordinances and regulations and other applicable laws is inadequate to prevent new development from being detrimental to the public health, safety, or welfare of the residents and ' businesses of the City; and, WHEREAS, the City Council of Allen, Texas, finds that it is in best interest of the City to impose this moratorium so that the City Planning and Zoning Commission and the City Council can study the current zoning classifications and other regulations including the Allen Land Development Code ("ALDC") to determine if it contains adequate land use and other regulations with respect to the development and use of ' property within the City of Allen for assembly uses in light of the anticipated growth of the City; and, WHEREAS, federal and state law may have caused confusion in the interpretation and application of the ALDC related to the location, operation and concentration of assembly uses including churches, temples and rectories within the City and could cause the City to deny or approve the location of new assembly uses incompatible or inappropriate with the zoning regulations of the particular zoning district under the ALDC not intended by the zoning regulations of the ALDC all of which is detrimental to the health, safety and welfare of the City of Allen and its residents; and, WHEREAS, the failure to appropriately apply the zoning regulations of the ALDC and other ordinances of the City applicable to assembly uses could result in unintended infringement upon constitutionally protected rights and activities; and, WHEREAS, the City Planning and Zoning Commission and City Council review of the current City regulations relating to assembly uses is necessary to determine if such regulations meet the needs of the City; and, WHEREAS, considerable growth has occurred throughout the City since the City Council last reviewed the City's land use and other regulations relating to assembly uses; and, WHEREAS, the present location of commercial businesses has changed considerably since the City Council adopted the present regulations relating to assembly uses; and, WHEREAS, the City Council finds that parking and other issues have historically occurred on the premises ' of assembly uses which require the adoption of regulations to address such activities; and, WHEREAS, the City Council has become concerned about the suitability of the location of assembly uses, and has determined that the matter should be reviewed by the Planning and Zoning Commission and the City Council, and that a moratorium should be placed on the establishment and location of any new assembly uses in the City until said review is completed; and, WHEREAS, based on reasonably available information, the City Council finds and determines, that the application of existing development ordinances and regulations in the ALDC and other laws may be and likely are inadequate to prevent the development of new assembly uses or expansion of existing assembly uses in a manner and in locations detrimental to the public health, safety, or welfare of the residents and businesses of the City such that a moratorium on the development of new assembly uses or expansion of existing assembly uses in commercial properties is justified and necessary in order to provide time to cure such deficit in the City's ordinances; and, WHEREAS, the Planning and Zoning Commission and the City Council of the City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to all persons, and in the exercise of its legislative discretion have concluded that a moratorium on property development of any commercial property within the City for assembly uses should be imposed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, ' COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City Council, after conducting a public hearing and having heard evidence and testimony, has determined that the facts and recitations contained in the preamble of this ordinance are hereby Ordinance No. 2863-10-09, Page 2 found to be true and correct and are incorporated herein by reference and serve as the findings of the City Council demonstrating the need to adopt new ordinances or regulations or to amend existing ordinances of the ' City relating to assembly uses, including the identification of the harm to the public health, safety, and/or welfare that will occur if a moratorium is not adopted. The City Council, having conducted the foregoing public hearing and hearing the evidence and testimony presented, finds and determines that: (a) Amendment to the City's regulations relating to the location and development of assembly uses in the City is necessary because current regulations may not appropriately and adequately provide for and/or prohibit the location and operation of certain assembly uses; and (b) Statutes have been adopted by the Texas Legislature to give Texas cities the authority to promote the public health, safety and general welfare through the adoption of zoning and subdivision regulations that provide for and encourage planned and orderly land use development; and (c) The City of Allen Planning Department has received an increase in the number of inquiries regarding (i) the location and development of assembly uses including, but not limited to churches, temples, rectories in various locations and (ii) the compatibility of such uses in commercial districts; and (d) This increased number of inquiries has raised questions about whether existing regulations within the ALDC are adequate to prevent conflicts in land use types by prohibiting the location or development of churches, schools, day cares, hospitals and other incompatible assembly uses in areas intended for the development of restaurants, private clubs, and other establishments whose business includes the selling of alcoholic beverages; and (e) Such conflicts discourage the desirable and needed development of commercial uses in various neighborhoods through the City; and ' (t) The provisions of the ALDC regulating the locations of assembly uses including churches, temples and rectories have not been reviewed or amended since adoption of current state and federal laws relating to the use and development of real property for religious purposes; and (g) It would be appropriate to allow the City adequate time to comprehensively determine whether the City's existing land use regulations and other ordinances and regulations adequately address the location of assembly uses in commercial districts or whether an ordinance revision is necessary; and (h) The continued issuance of zoning permits for assembly uses in the commercial districts of the City without appropriate regulations in place to specifically address the concerns presented will have a detrimental effect on the health, safety, prosperity, and welfare of the City of Allen and its residents; and (i) The imposition of this temporary moratorium is necessary to alleviate the regulatory conflicts and potential impacts associated with the location of various assembly uses pending a study and a determination by the Planning and Zoning Commission and City Council of the appropriate permanent regulations for such uses; and (j) The City Council finds it in the public interest to declare this temporary moratorium. SECTION 2. A moratorium is hereby adopted and imposed on property development for any commercial property within the City of Allen for any assembly use as defined herein, and as may be defined in the ALDC, for a period of ninety (90) days from the date of passage of this ordinance, said moratorium to allow the City ' Planning and Zoning Commission and the City Council to review the ALDC and other ordinances to consider appropriate amendments, if any, to the existing regulations for assembly uses and/or whether to adopt any new ordinances to regulate such uses. No new assembly uses or expansion of any existing assembly uses are Ordinance No. 2863-10-09, Page 3 to be allowed in the City until said review is completed and the ordinances of the City are amended as necessary, or until 90 days have expired, whichever occurs first. For purposes of this ordinance and the imposition of the moratorium described herein, "property development' shall mean and include, but not be limited to, the submittal, review, consideration and approval of any zoning application, variance, plat, site plan, development plan, or the issuance of any building or development permit, issuance of certificates of occupancy, the occupancy of any new or existing structures, final inspections, business license or other applicable entitlement for use of land, or construction or reconstruction of a structure, for the operation of assembly uses or the expansion of any existing assembly uses. SECTION 3. Except as otherwise provided herein, after the effective date of, and extending for the duration of this temporary moratorium, (including any extensions hereto), no City employee, officer, official, agency, department, board or commission of the City shall accept for filing any application for a preliminary plat, general development plan, zoning or variance, permit for the construction, reconstruction, alteration or improvement of property, for any commercial development for the establishment of a new assembly use or expansion of an existing assembly use. The department director, building official or other city employee or official responsible for reviewing an application for development as set froth herein shall determine whether the application is subject to the moratorium. Acceptance of an application for the limited purpose of such review shall not constitute filing or acceptance of the application. In the event the official determines that an application is subject to the moratorium, the official shall take no further action on the application, and shall return the application, together with any proffered fee, to the applicant with the notification that the application will not be accepted for filing or further processing for the duration of the moratorium, or extension thereof. SECTION 4. An applicant for a permit for property development of commercial property for assembly use may apply for a waiver to this temporary moratorium by submitting written request for a waiver to the City Council of the City of Allen which shall be voted on by the City Council not later than ten (10) days after receipt of the request or other time period in accordance with the then applicable law. The appeal shall be in writing and submitted to the City Secretary. The City Council may authorize the requested waiver and the zoning, variance, permit, plat, site plan, development plan or other approval or license requested for such property development. The City Council may deny the apMVwaiver, grant the appeal /waiver and direct the applicable City official to accept and process the application or grant the appeal/waiver and direct the applicable City official to accept and process the application subject to conditions necessary to ensure that the proposed development would not cause adverse effects to the surrounding property and to carry out the spirit and purpose of this ordinance. The City Council should not release the applicant from the requirements of this ordinance unless the applicant first presents credible evidence from which the City Council can reasonably conclude: (1) the application of this ordinance to the applicant would be likely to deprive the applicant of rights protected by law; or (2) the proposed development is compatible with the land uses in proximity to the proposed development and permitting the development to proceed would not cause adverse effects to surrounding property or be contrary to the spirit and purpose of this ordinance. For purposes of this temporary moratorium and ordinance, the terms set forth herein shall have the same meanings assigned to them by Chapter 212, Subchapter E, Texas Local Government Code and the ALDC, except as otherwise provided herein. For purposes of this ordinance "assembly uses" shall mean and include assembly uses under the zoning regulations of the ALDC including but not limited to churches, temples, rectories, schools, day care, movie theaters, athletic/fitness facilities, fraternal orders, civic organizations, and entertainment facilities. SECTION 5. The provisions of this ordinance do not apply to any completed application for a preliminary plat, general development plan, zoning or variance, permit for the construction, reconstruction, alteration or improvement of property, for any commercial development for the establishment of a new assembly use or ' expansion of an existing assembly use pending prior to the fifth (Y") business day after October 2, 2009, the date on which the City published notice of a public hearing to consider this ordinance. Ordinance No. 2863-10-09, Page 4 I 1 SECTION 6. This ordinance shall expire upon ninety (90) days after its adoption unless extended as allowed by applicable law. SECTION 7. All provisions of the Ordinances of the City of Allen, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 8 Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, which shall remain in full force and effect. SECTION 9. This ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provides. DULY PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 5' DAY OF OCTOBER, 2009. DULY PASSED AND APPROVED ON THE SECOND AND FINAL READING BY THE CITY COUNCIL OF TAE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 13'ra DAY OF OCTOBER, 2009. APPROVED AS TO FORM: Peter G. Smith,�RNEY APPROVED: Stephen errell, MAYOR ATTEST: Shelley B. George, TTY SECRETAAV Ordinance No. 2863-10-09, Page 5