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: