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HomeMy WebLinkAboutORD 1943 Adopting a Moratorium on Property Development on Platted LotsCity of West University Place Harris County, Texas Ordinance No. 1943 AN ORDINANCE ADOPTING A MORATORIUM ON PROPERTY DEVELOPMENT ON PLATTED LOTS WHICH DO NOT ABUT CONSTRUCTED STREETS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, pursuant to Subchapter E of Section 212 of the Texas Local Government Code, the City is authorized in certain circumstances to impose a moratorium on property development affecting residential property, commercial property or both residential and commercial property; and WHEREAS, pursuant to Section 212.135 of the Texas Local Government Code, one of the justifications for imposing such a moratorium is to prevent a shortage of essential public facilities; and WHEREAS, to impose a moratorium on development of property pursuant to Section 212.135 of the Texas Local Government Code, the City must issue written findings which include a summary of (i) evidence demonstrating the extent of need beyond the estimated capacity of existing essential public facilities that is expected to result from new property development, including identifying: (a) any essential public facilities currently operating near, at, or beyond capacity, and (b) the portion of that capacity committed to the development subject to the moratorium; and (ii) evidence demonstrating that the moratorium is reasonably limited to: (a) areas of the municipality where a shortage of essential public facilities would otherwise occur, and (b) property that has not been approved for development because of the insufficiency of existing essential public facilities; and WHEREAS, the notices and public hearings which are required before such a moratorium may be imposed by the City, have been published and held in accordance with the Section 212.134 of the Texas Local Government Code and other applicable City Ordinances; and WHEREAS, the City Council has heard public comment and been provided with the evidence demonstrating a need for such a moratorium to prevent a shortage of essential public facilities. Specifically: • The subject area is between Mercer Street and the Poor Farm Ditch from University Boulevard to Bellaire/Holcombe Boulevard. There are approximately 16 potential large parcels of land which could theoretically be developed into 32 single family lots. Such situations existing, being concentrated in one area, future development may result in an effective doubling of density and may potentially become burdensome upon existing infrastructure and specifically essential public facilities including the City's streets, water, wastewater and drainage facilities; • As originally platted, the lots in question were to be accessed from and supported by Virginia Avenue; however, Virginia Avenue has never been constructed; 00077345 • The area already has traffic congestion concerns with a day school in the area and with Mercer Street being a north/south street from Bissonnet to Holcombe. There would also be the potential for more intense on-street parking due to the additional developed lots; • With the increase in impervious area this may create a demand beyond the existing design of essential public drainage facilities; • In addition, the added demands upon the water distribution and sewer collection systems could require additional capacities and expansion to these existing essential public utility facilities; • Development along a non-existent and undeveloped street creates questions and challenges for access by Public Safety responders (Fire, Emergency Medical Services and Police) but also creates the additional challenge of the location of additional fire hydrants as part of the essential public safety facilities to service these potential developed "back lots" that do not exist in the present system. • A temporary moratorium as authorized by Subchapter E, Chapter 212 of the Texas Local Government Code is necessary to prevent a shortage of essential public; and • The proposed moratorium is reasonably limited to areas of the City where a shortage of essential public facilities would otherwise occur and to property that has not been approved for development because of the insufficiency of existing essential public facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. All of the recitals contained in the preamble to this Ordinance are found to be true and are adopted as findings of fact by this City Council. Section 2. The City Council adopts and imposes a moratorium on property development on platted lots which do not abut constructed streets in accordance with Subchapter E of Section 212 of the Texas Local Government Code, specifically those lots located between Mercer Street and the Poor Farm Ditch from University Boulevard to Bellaire/Holcombe Boulevard. Section 3. The moratorium adopted hereby shall expire on the 120th day after the effective date of this Ordinance unless such moratorium is extended in accordance with the provisions of Section 212.136 of the Texas Local Government Code. Section 4. An application for a permit may apply for a waiver from the moratorium adopted hereby by following the procedure set forth in Section 212.137 of the Texas Local Government Code. Section 5. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, 00077345 paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. Section 6. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, as amended, and that each such meeting has been open to the public as required by consideration and action. The City Council and the contents and posting thereof. law at all times during such discussion, ratifies, approves and confirms such notices Section 8. The public importance of this measure and the requirement of the law create an emergency and an urgent public necessity requiring that this ordinance be passed and take effect as an emergency measure, and a state of emergency is hereby declared. This ordinance is accordingly passed as an emergency measure and shall take effect immediately upon adoption and signature. Section 9. This Ordinance shall be effective immediately upon its final passage and adoption. CONSIDERED, PASSED, APPROVED AND ADOPTED on first reading on the ay of May, 2011, and on second reading on the 27th day of May, 2011. i o ~ e r a a cli r v _ _ t Signed: Secretary Thelma Lenz Ma or Bob Kell Recommended: Reviewed: PW City Manager Michael Ross City Attorney Alan Petrov 00077345