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HomeMy WebLinkAbout00072240§ 212.103 LOCAL GOVERNMENT CODE § 212.103. Traffic or Traffic Operations (a) A municipality may not deny, limit, delay, or condition the use or development of land, any part of which is within an affected area, because of. (1) traffic or traffic operations that would result from the proposed use or development of the land; or (2) the effect that the proposed use or develop- ment of the land would have on traffic or traffic operations. (b) In this section, an action to deny, limit, delay, or condition the use or development of land includes a decision or other action by the governing body of the municipality or by a commission, board, department, agency, office, or employee of the municipality related to zoning, subdivision, site planning, the construction or building permit process, or any other municipal process, approval, or permit. (c) This subchapter does not prevent a municipality from exercising its authority to require the dedication of right -of -way. Added by Acts 1997, 75th Leg., ch. 165, § 23.02(a), eff. Sept. 1, 1997. § 212.104. Provision Not Enforceable A provision in a covenant or agreement relating to land in an affected area that would have the effect of denying, limiting, delaying, or conditioning the use or development of the land because of its effect on traffic or traffic operations may not be enforced by a munici- pality. Added by Acts 1997, 75th Leg., ch. 165, § 23.02(a), eff. Sept. 1, 1997. § 212.105. Subchapter Controls This subchapter controls over any other law relat- ing to municipal regulation of land use or development based on traffic. Added by Acts 1997, 75th Leg., ch. 165, § 23.02(a), eff. Sept. 1, 1997. SUBCHAPTER E. MORATORIUM ON PROPERTY DEVELOPMENT IN CERTAIN CIRCUMSTANCES Subchapter E, Moratorium on Property Development in Certain Circumstances, con- sisting of §§ 212.131 to 212.138, was added by Acts 2001, 77th Leg., ch. 441, § L For another Subchapter E, Enforcement of Land Use Restrictions Contained in Plats and Other Instruments, consisting of §§ 212.131 to 212.137, redesignated by Acts 2001, 77th Leg., ch. 1420, § 12.002(1), see § 212.131 et seq., post. § 212.131. Definitions In this subchapter: (1) "Essential public facilities" means water, sew- er, or storm drainage facilities or street improve- ments provided by a municipality or private utility. (2) "Residential property" means property zoned for or otherwise authorized for single - family or multi - family use. (3) "Property development" means the new con- struction of residential buildings on vacant land. Added by Acts 2001, 77th Leg., ch. 441, § 1, eff. Sept. 1, 2001. § 212.132. Applicability This subchapter applies only to a moratorium im- posed on property development affecting only residen- tial property. Added by Acts 2001, 77th Leg., ch. 441, § 1, eff. Sept. 1, 2001. § 212.133. Procedure for Adopting Moratorium A municipality may not adopt a moratorium on property development unless the municipality: (1) complies with the notice and hearing proce- dures prescribed by Section 212.134; and (2) makes written findings as provided by Section 212.135. 'k. Added by Acts 2001, 77th Leg., ch. 441, § 1, eff. Sept. 1, 2001. § 212.134. Notice and Public Hearing Require- ments (a) Before a moratorium on property development may be imposed, a municipality must conduct public hearings as provided by this section. (b) A public hearing must provide municipal resi- dents and affected parties an opportunity to be heard. The municipality must publish notice of the time and place of a hearing in a newspaper of general circula- tion in the municipality on the fourth day before the date of the hearing. 402 LAND USE & RELATED ACTIVITIES (c) Beginning on the fifth business day after the date a notice is published under Subsection (b), a temporary moratorium takes effect. During the peri- od of the temporary moratorium, a municipality may stop accepting permits, authorizations, and approvals necessary for the subdivision of, site planning of, or construction on real property. (d) One public hearing must be held before the governing body of the municipality. Another public hearing must be held before the municipal zoning commission, if the municipality has a zoning commis- sion. (e) If a general -law municipality does not have a zoning commission, two public hearings separated by at least four days must be held before the governing body of the municipality. (f) Within 12 days after the date of the Furst public hearing, the municipality shall make a final determina- tion on the imposition of a moratorium. Before an ordinance adopting a moratorium may be imposed, the ordinance must be given at least two readings by the governing body of the municipality. The readings must be separated by at least four days. If the municipality fails to adopt an ordinance imposing a moratorium within the period prescribed by this sub- section, an ordinance imposing a moratorium may not be adopted, and the temporary moratorium imposed under Subsection (c) expires. Added by Acts 2001, 77th Leg., ch. 441, § 1, eff. Sept. 1, 2001. § 212.135. Justification for Moratorium; Written Findings Required (a) If a municipality adopts a moratorium on prop- erty development, the moratorium is justified by dem- onstrating a need to prevent a shortage of essential public facilities. The municipality must issue written findings based on reasonably available information. The written findings must include a summary of: (1) 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 oper- ating near, at, or beyond capacity; (B) the portion of that capacity committed to the development subject to the moratorium; and (C) the impact fee revenue allocated to address the facility need; and § 212.136 (2) 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 de- velopment because of the insufficiency of existing essential public facilities. (b) A moratorium that is not based on a shortage of essential public facilities is justified only by demon- strating a significant need for other public facilities,_ including police and fire facilities. For purposes of this subsection, a significant need for public facilities is established if the failure to provide those public facilities would result in an overcapacity of public facilities or would be detrimental to the health, safety, and welfare of the residents of the municipality. The municipality must issue written findings based on reasonably available information. The written find- ings must include a summary of. (1) evidence demonstrating that applying existing development ordinances or regulations and other applicable laws is inadequate to prevent the new development from causing the overcapacity of mu- nicipal infrastructure or being detrimental to the public health, safety, and welfare in an affected geographical area; (2) evidence demonstrating that alternative meth- ods of achieving the objectives of the moratorium are unsatisfactory; and (3) evidence demonstrating that the municipality has approved a working plan and time schedule for achieving the objectives of the moratorium. Added by Acts 2001, 7th Leg., ch. 441, § 1, eff. Sept. 1, 2001. § 212.136. Expiration of Moratorium; Extension (a) A moratorium adopted under this subchapter expires on the 120th day after the date the moratori- um is adopted unless the municipality extends the moratorium by: (1) holding a public hearing on the proposed ex- tension of the moratorium; and (2) adopting written findings that: (A) identify the problem requiring the need for extending the moratorium; (B) describe the reasonable progress made to alleviate the problem; and 403 § 212.136 LOCAL GOVERNMENT CODE (C) specify a definite duration for the renewal period of the moratorium. (b) A municipality proposing an extension of a mor- atorium must publish notice in a newspaper of general circulation in the municipality not later than the 15th day before the date of the hearing required by Sub- section (a). Added by Acts 2001, 77th Leg., ch. 441, § 1, eff. Sept. 1, 2001. § 212.137. Waiver Procedures Required (a) A moratorium adopted under this subchapter must allow a permit applicant to apply for a waiver from the moratorium relating to the property subject to the permit by: (1) claiming a right obtained under a develop- ment agreement; (2) claiming a vested right under Chapter 245 or common law; or (3) providing the public facilities that are the subject of the moratorium at the landowner's cost. (b) The permit applicant must submit the reasons for the -request to the governing body of the munici- pality in writing. The governing body of the munici- pality must vote on whether to grant the waiver request within 10 days after receiving the written request. Added by Acts 2001, 77th Leg., ch. 441, § 1, eff. Sept. 1, 2001. § 212.138. Effect on Other Law A moratorium adopted under this subchapter does not affect the rights acquired under Chapter 245 or common law. Added by Acts 2001, 77th Leg., ch. 441, § 1, eff. Sept. 1, 2001. SUBCHAPTER E. ENFORCEMENT OF LAND USE RESTRICTIONS CONTAINED IN PLATS AND OTHER INSTRUMENTS Subchapter E, Enforcement of Land Use Restrictions Contained in Plats and Other Instruments, consisting of §§ 212.131 to 212.137, was redesignated from, §§ 230.001 to 230.007 by Acts 2001, 77th Leg., ch. 1120, § 12.002(1), eff. Sept. 1, 2001. For another Subchapter E, Moratorium on Property Development in Certain Cir- cumstances, consisting of §§ 212.131 to 212.138, added by Acts 2001, 77th Leg., ch, 441, § 1, see V.T.C.A., Local Government Code § 212.131 et seq., ante. § 212.131. Municipality Covered by Subchapter This subchapter applies only to a municipality with a population of 1.5 million or more that passes an ordinance that requires uniform application and en- forcement of this subchapter with regard to all prop- erty and residents or to a municipality that does not have zoning ordinances and passes an ordinance that requires uniform application and enforcement of this subchapter with regard to all property and residents. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amend- ed by Acts 1991, 72nd Leg., ch. 893, § 1, eff. Sept. 1, 1991. Renumbered from § 212.001 by Acts 2001, 77th Leg., ch. 1420, § 12.002(1), eff. Sept. 1, 2001. § 212.132. Definition In this subchapter, "restriction" means a limitation that: (1) affects the use to which real property may be put; (2) fixes the distance that a structure must be set back from property lines, street lines, or lot lines; or (3) affects the size of a lot or the size, type, and number of structures that may be built on the lot. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Renum- bered from § 230.002 by Acts 2001, 77th Leg., ch. 1420, § 12.002(1), eff. Sept. 1, 2001. § 212.133. Suit to Enforce Restrictions The municipality %ay sue in any court of competent jurisdiction to enjoin or abate a violation of a restric- tion contained or incorporated by reference in a prop- erly recorded plan, plat, or other instrument that affects a subdivision located inside the boundaries of the municipality. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Renum- bered from § 230.003 by Acts 2001, 77th Leg., ch. 1420, § 12.002, eff. Sept. 1, 2001. § 212.134. Limitation on Enforcement A restriction contained in a plan, plat, or other instrument that was properly recorded before August 30, 1965, may be enforced as provided by Section 212.133, but a violation of a restriction that occurred before that date may not be enjoined or abated by the 404 SPEAKING POINTS FOR PRESENTATION RE: INFILL ORD • The purpose of this amendment to the subdivision ordinance is to address the expiration of the moratorium ordinance approved by the Council last year. • That ordinance was originally approved to address neighborhood integrity concerns in the older section of CS. • The moratorium ordinance cannot be extended, or virtually impossible, due to changes in state law last year. • Since the first of the year staff has been searching for a way to continue the protection of the older neighborhoods without a moratorium • What is being proposed we believe accomplishes that, but it also covers a larger area than the moratorium • I will ask Natalie to explain exactly what we are proposing. We're proposing an ordinance amendment that will remain in place until the Unified Development Code is adopted. The ordinance amendment before you will apply city -wide and not to the specific areas previously identified in the moratorium ordinance. Basically the same provisions in this ordinance are contained in the UDC. MAP - Subdivisions Platted Before 7/15/70: The areas in red are those subdivisions that were platted before July 15 1970 when our Subdivision Regulations were adopted. The bold, dashed line reflects the areas included in the moratorium ordinance. Basically, we searched our records for all plats filed prior to 1970 which are reflected on the map. We know that the areas in red will be impacted by this ordinance. However, we suspect that some of the areas not in red, or the "holes ", may also be impacted. More extensive research into the deed records will be required to be certain. Due to the urban character of Northgate and the desire to increase densities in this area, it has been exempt from this ordinance amendment.