HomeMy Public PortalAboutOrdinance No. 975-03 12-09-2003
• ORDINANCE NO. 975-03
AN ORDINANCE DECLARING A 180 DAY MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS FOR OR THE ISSUANCE OF
BUILDING PERMITS, PRELIMINARY AND FINAL PLATS, SITE PLANS,
OR ZONING CHANGE APPLICATIONS FOR THE DEVELOPMENT OR
EXPANSION OF "GARAGE REPAIR, AUTO" AND "AUTO PAINT AND
BODY" USES WITHIN THE CITY; DIRECTING THE CITY STAFF AND
PLANNING AND ZONING COMMISSION TO INITIATE AN IMMEDIATE
STUDY FOR THE DEVELOPMENT OF APPROPRIATE REGULATIONS
RELATING TO STANDARDS FOR AND IMPACTS OF SUCH USES;
PROVIDING FOR A METHOD OF REPEAL OF THIS MORATORIUM;
PROVIDING A PROCEDURE FOR A VARIANCE FROM THIS
MORATORIUM; AND PROVIDING THAT THIS ORDINANCE SHALL
TAKE EFFECTIVE IMMEDIATELY UPON PASSAGE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Locai Government Code; and
WHEREAS, the City Council has directed staff to review the current regulations of the City
and to make recommendations to the City Council whether t. amend the regulations pertaining to
garage repair-auto uses; and
WHEREAS, the development of a high quality commercial area will. contribute enormously
to the economic growth of the community by providing badly needed ad valorem and sales tax
revenue benefitting the community and reducing the tax burden of single family residential
homeowners; and
WHEREAS, automobile repair garages and automobile paint and body shops serve a
valuable and necessary function and role in the City. but the proliferation and concentration of
automobile repair garages and automobile paint and body shops within the commercial areas of the
City serves as a detriment to the appearance of the City, creates a barrier to high quality commercial
development, and creates a barrier to re-development of dilapidated, obsolete or blighted properties;
and
WHEREAS, the City Council has determined that it is vitally important that the location of
automobile repair garages and automobile paint and body s}i~ps be located in appropriate areas of
the City, consistent with the City's comprehensive plan and comprehensive zoning ordinance, and
consistent with long-term planning for the future of the City; and
WHEREAS, the City Council after due and careful consideration has determined that
existing development regulations governing automobile rep•_iir garages and automobile paint and
body shops lack sufficiently definitive standards concerning size, appearance, parking, outside
storage of automobiles being held for repair, and aesthetic appearance, among other factors; and
• WHEREAS, the City Council has determined that failure to upgrade these regulations can
lead to the development of incompatible land uses and structures that reduce the attractiveness of
the City to potential commercial and residential developers, thereby defeating one of the purposes
of zoning within the City; and
WHEREAS, the reduction in development potential would be detrimental to the economic
development plans of the community; and
WHEREAS, the City Council after due and careful consideration of existing zoning,
subdivision and building regulations, has determined that it is imperative that an immediate review
of the regulations applicable to automobile repair garage and automobile paint and body shop uses
be undertaken for the purpose of considering revisions and updates; and
WHEREAS, the City Council previously declared a moratorium on new development or
expansion of existing garage repair-auto and automobile paint and body shops uses in the
commercial areas of the City, which moratorium expires on or about December 24, 2003; and
WHEREAS, City staff and the Planning and Zoning Commission requires additional time
to study and make appropriate recommendations to the City Council; and
WHEREAS, an extension of the moratorium placed on the development or expansion of
garage repair-auto uses in the City is necessary for the City to have time to complete its review
regarding possible amendments to the zoning ordinance; and
WHEREAS, it is necessary to extend the moratorium period during which no new
development will occur to permit the City staff and Planning and Zoning Commission to complete
those studies and analyses necessary to prepare any regulatory changes appropriate to ensure that
development achieves the goals and objectives of the City; and
WHEREAS, the City Council believes that 180 additional days is the minimum time
necessary to allow the staff and the Planning and Zoning Commission to complete these duties in
a reasonable manner and to prepare for possible implementation of those regulatory changes
necessary to implement their recommendations; and
WHEREAS, the City Council does not desire this moratorium to negatively impact
applications now pending before the City but rather to be prospective in nature from the date upon
which the moratorium was first adopted; and
WHEREAS, the City Council recognizes that there may be individuals or businesses who
have a legitimate reason to seek a variance from the requirements of this moratorium based upon the
unique needs of their project and who are able to demonstrate that the approval of their project will
not defeat the purposes of the City in adopting this moratorium; and
ORDINANCE EXTENDING MORATORIUM ON "GARAGE REPAIR, AUTO" USES Page 2
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• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
EXTENSION OF MORATORIUM
The moratorium previously adopted by the City Council on the acceptance of applications
for building permits, applications for preliminary and final plats, site plans, or zoning change
applications for development or expansion of "garage repair-auto" and "auto paint and body" uses
within the commercial areas of the City, specifically, the C-1 and C-2 zoning districts, is hereby
extended for a period of 180 days from the date of this ordinance.
SECTION 2.
PURPOSE OF MORATORIUM
The purpose of this moratorium and the extension thereof is to maintain the status quo until
such time as the City has reviewed and, if necessary, amended its regulations and development
standards where necessary.
SECTION 3.
EXEMPTION FOR PENDING APPLICATIONS
• The moratorium extended and established herein shall not apply to developments on
properties that were included in a preliminary or final plat that was approved by the Planning and
Zoning Commission or to properties on which an application for preliminary or final plat
approval was submitted before the effective date of the moratorium. This exemption shall continue
to apply in case the preliminary and final plat are revised or amended in the future.
SECTION 4.
INSTRUCTIONS TO PLANNING AND ZONING COMMISSION
The City staff and Planning and Zoning Commission are hereby directed to initiate and
complete those studies and analysis necessary to determine what, if any, regulatory changes are
necessary in the ordinances of the City relating to garage repair-auto and automobile paint and body
shop uses. City staff and the Planning and Zoning Commission are directed to review all appropriate
development regulations to suggest changes that would produce harmonious development reducing
the chances of incompatible use or appearance impacts between properties as they are developed.
The City staff and Planning and Zoning Commission shall complete their work and make their
recommendations to the City Council within 120 days following the adoption of this ordinance or,
if they should determine that this time period is not feasible, report back to the Council with a
proposed calendar in which they will complete their work. City staff and the Commission shall hold
such hearings as they deem necessary and appropriate to secure input from all affected interests and
parties in preparing their recommendations.
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• SECTION 4.
VARIANCE PROCEDURE
Any property owner who believes that the imposition of this moratorium causes a unique and
unreasonable hardship upon his or her property or business shall have the right to request a variance
from the provisions of this moratorium. A property owner seeking a variance must file a written
request for variance with the City Secretary. The request must provide the following information:
a. A description of the property to be covered by the variance;
b. An explanation as to why the application of the moratorium is unreasonable as
applied to the applicant's property; and
c. A description of any negative impacts created by the moratorium provision.
The City Secretary shall place the request for variance on the agenda of the City Council for
consideration at a public meeting, and shall send written notice of the date and time of the hearing
on the variance request to the applicant. The city staff shall not be required to provide written notice
of the variance request to any other individual or entity. On the date that the item is set for hearing,
the City Council shall conduct a public hearing on the variance request giving any individual who
desires to present information or evidence to the City Council on the appropriateness or
inappropriateness ofthe variance the opportunity to appear before the City Council and present such
information. At the conclusion of the hearing, the City Council, by majority vote, may approve a
variance from this moratorium, or may deny the request for a variance.
SECTION 5
EFFECTIVE DATE
This moratorium shall remain in full force and effect upon its passage and for a period not
to exceed months, unless terminated prior to that time by action of the City Council.
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PASSED A1~D'~P~,ROyED ON THIS DAY OF , 2003.
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•
~ . ~ ~ ~ ~ • T HONORABLE NELDA STRODER, MAYOR
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ATTEST:
TE LIS, CITY SECRETARY
EFFECTIVE DATE: ~a.3
ORDINANCE EXTENDING MORATORIUM ON '°GARAGE REPAIR, AUTO" USES Page 4
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• APPROVED S O FORM A LEGALITY:
TIM G. SRALLA, CITY ATTORNEY
•
ORDINANCE EXTENDING MORATORIUM ON "GARAGE REPAIR, AUTO" USES Page 5
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