HomeMy WebLinkAboutResolution No. 97-38 RESOLUTION NO. R9 7-3 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, ESTABLISHING A MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS FOR AND THE ISSUANCE OF
DEVELOPMENT PERMITS, BUILDING PERMITS OR CERTIFICATES OF
OCCUPANCY FOR SEXUALLY ORIENTED BUSINESSES.
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WHEREAS, while the City Council of the City of Friendswood, Texas (the "City"),
recognizes the right of sexually oriented businesses to have reasonable locations on which to
open their businesses, it also recognizes the need to protect the balance of land uses within the
City and the health, safety, and welfare of the citizens of the City; and
WHEREAS, the Planning and Zoning Commission is currently studying the availability
of locations for sexually oriented businesses within various zoning districts of the City, and
within various distancing requirements from uses which should be protected from the harmful
effects of such businesses opening in close proximity throughout the corporate boundaries of
the City; and
WHEREAS, the City is conducting a study of secondary effects of various types of
sexually oriented businesses, and the likely impact of such secondary effects on the health,
safety and welfare of citizens of the City; and
WHEREAS, the City Council finds that it is in the public interest to preserve the status
quo by not accepting applications for development permits, building permits and certificates of
occupancy for sexually oriented businesses proposed to be located within the corporate
FW D/MORATORIUM.RES/09/30/97
boundaries of the City, pending public deliberation and completion of the land use study and
secondary effects study; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. That for a period of time from the effective date of this Resolution, up to
and including March 23, 1998, no application may be accepted for a development permit of
any type, including but not limited to an application for a preliminary or final plat, a replat, a
site plan, a zoning change, or a building permit or a certificate of occupancy for a sexually
oriented business to locate and conduct business within the corporate boundaries of the City of
Friendswood, Texas.
Section 2. That the City staff and the Planning and Zoning Commission are hereby
directed to perform appropriate analyses, evaluate alternatives, and prepare recommendations
as to the proper zoning districts for sexually oriented businesses based on the City's future land
use plan, adjacent land uses, the secondary effects of sexually oriented businesses, and other
relevant information and report back to the City Council with their recommendations on or
before February 15,1998.
Section 3. That appeals for relief from hardship caused by this moratorium may be
made to and shall be considered by the City Council, who shall hold a public hearing on such
request and make a decision to grant or deny the application based on the following factors:
A. The purpose of the request;
B. The zoning and character of the neighborhood affected, including an analysis of
adjacent land uses within 3000 feet;
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C. The other uses to which the property may be put, and why those uses are not
reasonable;
D. Feasibility studies or economic analyses related to the use of the location as both
a sexually oriented business and other uses permitted under the applicable zoning district; and
E. Any other facts City Council finds appropriate.
Section 4. That this Resolution shall take effect immediately from and after its
passage, in accordance with the provisions of the Charter of the City, and it is accordingly so
resolved.
PASSED, APPROVED, AND RESOLVED this 22nd day of September ,
1997.
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Harold L. Whitaker
Mayor
ATTEST
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Deloris McKenzie, RM
City Secretary
FWD/MORATORIUM.RES/09/30/97 3