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HomeMy WebLinkAboutOrdinance 14228ORDINANCE NO. / ~~~ AN ORDINANCE EXTENDING A MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR PERMITS FOR DEVELOPMENT IN THE "E", "FR", "F" AND "G" COMMERCIAL DISTRICTS OF RETAIL BUSINESSES EXCEEDING 100,000 SQUARE FEET IN AREA AND LOCATED WITHIN 1,000 FEET OF PROPERTY ZONED OR USED FOR ONE-FAMILY OR TWO-FAMILY RESIDENTIAL USES; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Crty Council enacted Ordinance No 14145 on March 21, 2000, establishing a 90-day moratorium on the acceptance of applications for permits for development m the "E", "FR", "F" and "G" Commercial Districts of retail businesses exceeding 100,000 square feet in area and located within 1,000 feet of property zoned or used for one-family or two- family residential uses, WHEREAS, the moratorium was enacted m order to maintain the status quo while the Planning Department and Development Department studied neighborhood commercial uses and the impacts of large retail stores and the City Council, on the basis of the study, considers adoption of measures to address such issues, WHEREAS, the Planning Department and Development Department have studied the impacts of large retail stores, WHEREAS, a City Council committee appointed to address the impacts of large retail stores has met five times to receive information from City staff and to consider amendments to existing regulations to address the impacts of large retail stores, WHEREAS, the moratorium expires on June 20, 2000; WHEREAS, it is advisable to extend the moratorium to August 4, 2000 to allow additional time for the City Council to complete its study of large retail uses and to consider adoption of measures to address such uses, WHEREAS, all findings m Ordinance No 14145 are reaffirmed, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS SECTION 1 The expiration of the moratorium on acceptance of applications for permits for development m the "E", "FR", "F" and "G" Commercial Districts of retail businesses exceeding 100,000 square feet in area and located within 1,000 feet of property zoned or used for one- family or two-family residential uses, enacted pursuant to Ordinance No 14145, is hereby extended from June 20, 2000 to August 4, 2000 at 11 59 p.m., or until the City Council terminates the moratorium, whichever occurs first. SECTION 2. All provisions of Ordinance No 14145, with the exception of the expiration date extended by Section 1, shall remain in full force and effect. SECTION 3 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. 2 SECTION 4 This ordinance shall be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ~~~~ As stant City Attorney ADOPTED ~ :ZO -O~ City of Fort Worth, Texas ~1-~A~a~ And Council C,amnhun~cAt~ian DATE 6/20/00 REFERENCE NUMBER G-12940 LOG NAME 12LGRETAIL PAGE 1 of 1 suB~ECT ADOPTION OF ORDINANCE EXTENDING MORATORIUM ON ACCEPTANCE OF DEVELOPMENT APPLICATIONS FOR LARGE RETAIL STORES WITHIN 1,000 FEET OF CERTAIN RESIDENTIAL USES AND DISTRICTS RECOMMENDATION It is recommended that the City Council adopt the attached ordinance extending the moratorium on acceptance of applications for permits for development of retail stores operating in a building with a footprint exceeding 100,000 square feet within 1,000 feet of property zoned or used for one-family or two-family residential use from June 20, 2000, to August 4, 2000 DISCUSSION On March 21, 2000 the City Council approved Council Proposal 212 and related Ordinance No 14145 The ordinance established a moratorium until June 20, 2000 on acceptance of applications for permits for development of retail stores operating in a building with a footprint exceeding 100,000 square feet within 1,000 feet of property zoned or used for one-family or two-family residential use The moratorium provides an appeals process to the City Council The moratorium was established to maintain the status quo while the Planning Department and Development Department study the impacts of large retail stores and the City Council considers the advisability of adopting measures to address such impacts A City Council committee consisting of Chair Wendy Davis and Jeff Wentworth, Becky Haskin and Chuck Silcox was appointed to study the issue The committee met with representatives of the development community on May 9, May 23, May 30, June 6 and June 13 to receive information from City staff and to discuss potential amendments to the zoning ordinance to address the impacts of large retail stores Additional time is needed for the committee to complete its work. Adoption of the attached ordinance will extend the moratorium to August 4, 2000 It is anticipated that proposed amendments to the zoning ordinance relating to the location and development of large retail stores will be presented to the City Council for consideration during that period FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this recommendation will have no material effect on city funds CBI Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) VE~ ~ Charles Boswell 8511 f1iJ Originating Department Head: CITY COUNCf! David Yett 7606 (from) 20~ JAN ~ ~ y ~ ) Additional Information Contact: l~ie~J City S~cratar~ of tM ' David Yett 7606 tba:a City of Fort Wortfi, Adopted Ordlnar~ce No._~