Ord. 1153 02-23-04ORDINANCE NO. 1153
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ESTABLISHING A MORATORIUM ON MULTI-
FAMILY DEVELOPMENT WITHIN THE INCORPORATED LIMITS OF
THE CITY.
WHEREAS, Multi -family use development within the City, in certain
circumstances, may be detrimental to the health, safety, morals, and welfare of
the general public.
WHEREAS, Chapter 212, subchapter E, of the Texas Local Government
Code, authorizes a municipality to adopt a moratorium on multi -family
development if such a need can be properly demonstrated.
WHEREAS, separate public hearings regarding the adoption of a
moratorium were held before the City Council and the City's Planning and Zoning
Commission to allow the City's residents and affected parties an opportunity to
be heard.
WHEREAS, The City Council has determined that a significant need for
public facilities in the City exists, and the unregulated growth of multi -family
development would result in an overcapacity of certain public facilities which
would be detrimental to the health, safety and welfare of the residents of the City
(Exhibit A).
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That a temporary one hundred twenty (120) day moratorium on
multi -family use development is hereby approved to allow sufficient time to study and
determine the need for possible amendments to the City's Land Use and Urban
Development Ordinance and/or the City's Code of Ordinances to properly address the
overcapacity of certain public facilities associated with multi -family developments.
Section 2. The City Council may authorize a variance to the Moratorium when,
ORDINANCE NO. 1153
in its opinion, undue hardship will result from requiring strict compliance. In granting the
variance, City Council shall prescribe only conditions that it deems necessary to or
desirable in the public interest. No variance shall be granted unless City Council finds:
A. That there are special circumstances or conditions affecting the applicant
such that the strict application of the Moratorium would deprive the applicant
of a vested property right; or
B. That the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant; and
C. That the granting of the variance will not be detrimental to the public health,
safety or welfare to other property in the area.
Section 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 5. Effective Date. The Ordinance shall become effective immediately
upon its passage and approval on second and final reading.
PASSED, APPROVED and ADOPTED on FIRST Reading this the 9th day of
February , A.D., 2004.
TOM REID
MAYOR
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ORDINANCE NO. 1153
ATTEST:
APPROVED AS TO FORM:
•
DARRIN M. COKER
CITY ATTORNEY
PASSED and APPROVED ON SECOND AND FINAL READING this the 23rd day of
February , A. D., 2004.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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Exhibit A
Findings Regarding Overcapacity/Insufficient Public Utilities
Broadway Property
• Drainage
o Pine Hollow Drainage Study has identified deficiencies in the drainage
system in this area.
o Homes adjacent to this property flooded during TS Allison.
o Initial drainage improvements are in design now, but funding for complete
solution has not been allocated.
Main Street Property
• Sanitary Sewer
o There is no public sanitary service available in this area.
o Improvements have been budgeted that will extend sanitary sewer service
on Main Street as far south as Industrial Drive, but not all the way to this
property. These improvements likely will not be complete for two years.
Industrial Drive Property
• Sanitary Sewer
o There is no public sanitary service available in this area.
o Improvements have been budgeted that will extend sanitary sewer service
on Main Street as far south as Industrial Drive, but not all the way to this
property. These improvements likely will not be complete for two years.
Walnut Street Property
• Sanitary Sewer
o Documented sanitary sewer overflows along Walnut Street and
"downstream" toward the WWTP.
o Currently under TCEQ enforcement order to monitor overflows and
correct I/I problems.
The City has initiated zone change applications for the above referenced properties,
thereby allowing most of the concerns identified in the findings to be addressed within
the time period covered by the moratorium. In the event, a property owner seeks to
develop property not identified in the findings, a variance would be appropriate, provided
the property is properly zoned for multi -family development. Additionally, the owner of
property identified in the findings would be entitled to a variance if it can be
demonstrated that the landowner will construct the public facilities that are the subject of
the moratorium at the landowner's cost.