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16-S-42 - Extending and amending a moratorium on both residential and commercial propertyIM WHEREAS, The City of Schertz adopted the 2015 Joint Base San Antonio Randolph (JBSA Randolph) Joint Land Use Study (JLUS) by Resolution 15 -R -96, and WHEREAS, The JBSA Randolph JLUS outlines specific hazards to the areas around the base, particularly near the Clear Zones and Accident Potential Zones which are further exacerbated due to high bird strike hazards, type of aircraft and volume of operations, and WHEREAS, The 2015 JBSA Randolph JLUS identifies particular incompatibility issues due to conflicts with certain land uses and identifies incompatible land uses that were previously considered compatible, and WHEREAS, The hazards to the areas within Schertz posed by JBSA Randolph flight operations are unique to the areas around JBSA Randolph and require specialized training and equipment, and WHEREAS, The area in question is experiencing tremendous growth and development pressure and that development in the area is creating significant needs for fire facilities, and WHEREAS, The existing development regulations and ordinances are inadequate to prevent and overcapacity of municipal infrastructure and being detrimental to the health, safety and welfare in this area as is demonstrated by current response times and the number of permits issued around and in this area, and WHEREAS, Only by imposing a moratorium in this area can the City implement working plan for designing a new fire station and outlining needed equipment to deal with the hazard posed by flight operations in conjunction with implementing the strategies of the 2015 JBSA Randolph JLUS to reduce hazards, and WHEREAS, Section 212 Subchapter E of the Texas Local Government Code allows the impositions of a moratorium on property development on both residential and commercial property, and WHEREAS, the City Council has found per Exhibit A that evidence exists demonstrating that applying existing development ordinances or regulations and other applicable laws are inadequate to prevent the new development from causing the overcapacity of municipal infrastructure and being detrimental to the public health, safety, and welfare in this area, and WHEREAS, the City Council found evidence demonstrating that alternative methods of achieving the objectives of the moratorium are unsatisfactory, and WHEREAS, the City Council has found evidence of a working plan and time schedule to achieve the objectives of the moratorium, and WHEREAS, All required notices have been provided, and WHEREAS, on August 23, 2016, the City Council held a first public hearing and considered this ordinance for which notice was published, and WHEREAS, on August 24, 2016, the Planning and Zoning Commission held a public hearing to consider this ordinance imposing a moratorium, and WHEREAS, on August 30, 2016, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare and adopted a moratorium on new development per Ordinance 16 -S -31; WHEREAS, the City has made progress in working to provide additional fire protection in the area, including progress on acquiring the property for fire station #3, furthering the schematic design of the fire station, working to contract with a Construction Manager at Risk, and procuring a fire apparatus, and entering into aid agreements for fire service, and WHEREAS, in order to mitigate the identified conflicts between the City's Comprehensive Land Use Plan and the Randolph JLUS and the current zoning in the moratorium area additional time is needed to allow public input, Planning and Zoning Commission input the moratorium needs to be extended, and WHEREAS, staff estimates it will take approximately 120 additional days to make these changes, and WHEREAS, in light of the progress made on implementing the plan the area of the moratorium can be reduced and building permits for single family residential homes can be accepted, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 2. The City hereby extends the moratorium on both residential and commercial property development due to a need to prevent a shortage of essential public facilities generally in the area shown on Exhibit A for 120 days, except that permits for the construction of single family homes on existing tracts of land may be accepted. Section 3. All ordinances, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED AND ADOPTED on first and final reading theQ_ day of December, 2016. --Z� R. Carpenter, Mayor ATTEST: enda Dennis, City Secretary (SEAL OF THE CITY) (CITY SEAL)Exhibit A EXHIBIT A Amended Moratorium Area v� N ,S 0,10, 161'e : Co))verse Bexar County S517 Antonio WTI I--- E Randolph AFB G\ lOyyER _UINRD -Cqrhprf7 T' 2,910 AA io Ile OP Moratorium Area (ORD1 6-S-31) Revised Moratorium Area 0 X % 1 iy� 2 2Yi I Miles