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HomeMy WebLinkAboutOrdinance 14284ORDINANCE NO ~y~~~ 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 ~~VITHIN 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 City 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 City Council enacted Ordinance No 14228 on June 20, 2000, extending the moratorium to August 4, 2000; 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 rrnpacts of large retail stores, WHEREAS, a City Council committee appointed to address the impacts of large retail stores has met several times with representatives of large retail stores, neighborhood representatives, and City staff to receive information and to consider amendments to existing regulations to address the impacts of large retail stores, WHEREAS, the moratorium expires on August 4, 2000; WHEREAS, rt is advisable to extend the moratorium to September 22, 2000, to allow additional time for the City Council committee to complete its study of large retail uses and to present proposed ordinance amendments to the City Council 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 and extended pursuant to Ordinance No 14228, is hereby extended from August 4, 2000 to September 22, 2000, at 11 59 p.m., or until the City Council terminates the moratorium, whichever occurs first. SECTION 2. All provisions of Ordinance Nos. 14145 and 14228, with the exception of the expiration date extended by Section 1, shall remain m 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 2 enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. 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: (;e~~~- A si ant City Attorney ADOPTED• O ~ ~- ~D 3 City of Fort Worth, Texas ~11~A~or And Council Cot»inun;cAt~on DATE REFERENCE NUMBER LOG NAME PAGE 8/1/00 G-12974 12B1G 1 of 2 SUBJECT 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 in commercial districts of retail stores 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 attached ordinance extends the moratorium from August 4, 2000, to September 22, 2000 DISCUSSION On March 21, 2000, the City Council approved Council Proposal 212 and related Ordinance No 14145 The ordinance established a 90-day moratorium on acceptance of applications for permits for development in the "E", "FR", "F" and "G" commercial districts 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 On June 20, 2000, the City Council approved Mayor and Council Communication G-12940 and related Ordinance No 14228 extending the moratorium to August 4, 2000 The moratorium was established to maintain the status quo while the Planning Department and the 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, Jeff Wentworth, Becky Haskin and Chuck Silcox was appointed to study the issue The committee has met with representatives of large retail stores, neighborhood representatives, and City staff on several occasions to receive information and to discuss potential amendments to the zoning ordinance to address the impacts of large retail stores. Adoption of the attached ordinance will extend the moratorium to September 22, 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 City of Fort Worth, Texas ~1-~aya~ Anil ~aunc~il ca~m~en~cAt~an DATE 8/1 /00 REFERENCE NUMBER G-12974 LOG NAME 12616 PAGE 2 of 2 SUBJECT ADOPTION OF ORDINANCE EXTENDING MORATORIUM ON ACCEPTANCE OF DEVELOPMENT APPLICATIONS FOR LARGE RETAIL STORES WITHIN 1,000 FEET OF CERTAIN RESIDENTIAL USES AND DISTRICTS FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds. CB k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APP~~~~® Charles Boswell 8511 (° ~~~ ~~~~ Originating Department Head: " AUG ~ 2000 David Yett 7606 (from) Y ~ Additional Information Contact: s"° `~`"~'`~'`f City 5ocre~taay of the of Fort i'U~rth.'q`exas Cit David Yett 7606 y Adoate~f Qrdll~anc~ ~o, / y.28y