O196
` ORDINANCE NO. 196 SEt;rt~ifil6~a~5S ~i~o~'~
AN ORDINANCE DECLARING A ONE HUNDRED TWENTY DAY (120)
DAY MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF
APPLICATIONS OR THE ISSUANCE OF PERMITS FOR RETAIL
COMMERCIAL FACILITIES IN THE CITY OF KENNEDALE, TEXAS;
PROVIDING FOR A METHOD OF REPEAL OF THIS MORATORIUM;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THAT THIS
ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE.
WHEREAS, the city council of the City of Kennedale has performed a complete review
and update of the city's Comprehensive Land Use Plan for the purpose of developing goals,
objectives, and policies to guide the future development of the city and to effectively plan for
land uses, capital improvements and infrastructure and the delivery of city services adequate to
serve the citizens of the city; and
WHEREAS, in April, 2000 the city council adopted a new Comprehensive Land Use
Plan to provide for these purposes; and
WHEREAS, since the adoption of the Comprehensive Land Use Plan, the city has
undertaken a review of retail commercial facilities and their effect on surrounding properties
and the city's existing and proposed infrastructure, in particular the city's roadway and water
system, and has prepared an ordinance designed to assure that such developments are
compatible with surrounding properties and the city's infrastructure; and
WHEREAS, the city council has received or is in the process of receiving the
recommendations of city staff and the planning and zoning commission on the proposed
regulations designed to address the adverse effects of retail commercial facilities; and
WHEREAS, the city council desires to maintain the status quo within the city until such
time as the full city council has had a reasonable opportunity to review the recommended
regulations and to take appropriate action as may be required to protect the public health,
safety and welfare; and
WHEREAS, a one hundred twenty (120) day moratorium placed on the development of
W:\Kennedale\ORDINANC\BigBox.Moratorium.wpd (08-02-00) Page 1
t
certain properties is a minimally intrusive method of maintaining the status quo until such review
can be completed.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
Effective immediately, for a period of one hundred twenty (120) days no application for a
permit shall be accepted or processed and no permit shall be issued for the construction, repair
or renovation of any structure on, or the use or development of, any retail commercial facility
within the City of Kennedale.
SECTION 2.
The purpose of this moratorium is to maintain the status quo until such time as
appropriate regulations have been adopted with regard to such uses.
SECTION 3.
The term permit as used in this ordinance shall mean a license, certificate, approval,
registration, consent, permit or other form of authorization required by law, rule, regulation or
ordinance that must be obtained by a person in order to perform an action or develop or initiate
a project for which the permit is sought.
SECTION 4.
This moratorium shall remain in effect until such time as the city council has had a
reasonable opportunity to consider and act upon appropriate amendments to the zoning
ordinance and other city regulations applicable to the uses subject to this moratorium. Upon
final adoption of an ordinance adopting regulations pertaining to retail commercial facilities, or
upon a determination being made by the city council that such regulations are not appropriate,
this moratorium shall expire. This moratorium shall automatically expire one hundred twenty
(120) days from the date of adoption unless it is specifically extended by additional city council
action for an additional time period.
W:\Kennedale\ORDINANC\BigBox.Moratorium.wpd (08-02-00)
Page 2
SECTION 5.
Any property owner who believes that the imposition of this moratorium works a unique
and unreasonable hardship upon his property or a development proposal, shall have the right to
request a variance to the provisions of this moratorium. A property owner seeking a variance
shall submit a written request to the city council via the city secretary's office.
SECTION 6.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such 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 in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage, and it is so
ordained.
APPROVED AND EFFECTIVE on this 1st day of August, 2000.
City
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
W:\Kennedale\ORDINANC\BigBox.Moratorium.wpd (08-02-00)
Mayor, Mark S. Wright
Page 3