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HomeMy WebLinkAboutOrdinances (O-00-1246)-09/19/2000 ORDINANCE 0-00-1246 AN ORDINANCE ESTABLISHING A MORATORIUM ON THE FILING OF APPLICATIONS FOR OR THE ISSUANCE OF PERMITS FOR THE CONSTRUCTION OF ANY COMMERCIAL STRUCTURE OF MORE THAN 55,000 SQUARE FEET, PROVIDING FOR SEVERABILITY, ESTABLISHING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY WHEREAS, the construction and operation of large commercial facilities having a building footprint in excess of 55,000 square feet have an adverse impact on surrounding residential neighborhoods in excess of those normally generated by commercial operations; and WHEREAS, the City Council of the City of Colleyville has begun a review of the City's zoning ordinances and other related ordinances to determine the need for additions, amendments, or modifications of those ordinances in order to protect life, health, property, and the public peace in relation to the construction of and operation of large commercial facilities; and WHEREAS, the consideration of additions, modifications, or amendments to the City zoning ordinances and other ordinances related to large commercial construction and operations will require a period for staff review and recommendations, review by committees established by the City Council, review by the Planning and Zoning Commission, the conduct of public hearings, and deliberation by the City Council; and WHEREAS, the acceptance of applications for or the issuance of building permits for large commercial structures prior to the City having an opportunity to review and add to, modify or amend its zoning ordinances and other ordinances related to large commercial facilities could frustrate the land use regulations subsequently adopted by the City and would damage the public health, safety and welfare; and WHEREAS, the City Council desires to maintain the current status quo for a limited period of time in order to allow the City to do adequate study, conduct public hearings and adopt such additions to, modifications and amendments as it deems necessary with regard to the regulation of large commercial structures and operations; and Ordinance 0-00-1246 Page 2 of 3 WHEREAS, the passage of this ordinance on first reading, as an emergency, is necessary in order to prevent a "race for" permits for large commercial construction; and WHEREAS, in accordance with the provisions of the Colleyville City Charter, this emergency ordinance will expire on the 61st day following the day on which it becomes effective. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF COllEYVlllE, TEXAS AS FOllOWS: Sec. 1: Sec. 2: Sec. 3: THAT effective immediately for a period of 61 days from the effective date of this emergency ordinance, no application for a permit shall be filed and no permit shall be issued for the construction of a commercial structure having a building footprint area in excess of 55,000 square feet. As used herein the term "permit" means any license, certificate, approval, registration, consent, permit or other form of authorization required by law, rule, regulation or ordinance, that must be obtained prior to the construction of a commercial structure. THAT it is hereby declared to be the intention of the City Council that the provisions of this ordinance are severable, and if any provision of this ordinance shall be declared invalid as a result of any judgment or decree of any court of competent jurisdiction, such invalidity shall not effect any of the remaining provisions of this ordinance, the City Council declaring the same would have been enacted without the incorporation in this ordinance of any such invalid provision. THAT this ordinance shall be in full force and effect from and after its passage. AND IT IS SO ORDERED. Ordinance 0-00-1246 Page 3 of 3 DECLARATION OF EMERGENCY: The City Council hereby declares that the adoption of this ordinance as an emergency ordinance is necessary to meet public emergencies affecting life, health, property and the public peace. Specifically, the passage of such ordinance as an emergency is necessary in order to maintain the status quo concerning the construction of large commercial structures during the time period the City is considering the regulation of said structures and operations, and to prevent a race for permits which may occur upon the announcement of the City's consideration of additional or amended regulations. The re,adinll and public hearing being conducted on the ~ day of &~lr ,2000. ATTEST: JJ~ CITY OF COLLEYVILLE DO~ J n Harris, TRMC, CMC City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: