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19-R-18 - Opposing San Antonio zoning case Z2018-900065PAT ON WHEREAS, the City of San Antonio is considering Zoning Case Z -2018- 900065 to rezone approximately 66 acres generally at the northwest corner of Graytown and Boenig Roads; and, WHEREAS, the subject property immediately borders -the corporate boundaries of the City of Schertz on two sides; and, WHEREAS, the City of Schertz clearly acknowledges the sovereignty of the City of San Antonio (and, as such, all Texas cities) in making decisions regarding development within its corporate boundaries; and, WHEREAS, the City of Schertz renders and intends to provide this resolution in the same spirit as that of an amicus brief as commonly seen in our judicial system; and, WHEREAS, an immediately adjacent development that is contained wholly within the corporate boundaries of Schertz consists of lots equal to or greater than one half of an acre; and, WHEREAS, the one half acre requirement was put in place in particular consideration of the current and potential future missions at Joint Base San Antonio (JBSA) Randolph; and, WHEREAS, the proposed zoning change, as currently submitted, on the parcel located within the corporate boundaries of the City of San Antonio would significantly reduce the minimum lot size from 10,000 square feet to 4,000 square feet; and, WHERAS, the applicant is planning for and expecting use of roads adjacent to this proposed, high - density residential subdivision to provide some of the access to the development; and, WHEREAS, the affected sections of two of those roads (Boenig and Ware Seguin) are located wholly within the corporate boundaries of the City of Schertz; and, WHEREAS, the City of Schertz will clearly see negative impact to its rural roadways due to a significant increase in traffic; and, 'HEREAS, the City of Schertz is unable to realize or collect impact fees for developments outside its corporate boundaries; and, WHEREAS, the City of Schertz has had no opportunity to prepare for or provision for the improvement of the subject roads within its corporate boundaries to support such a development; and, WHEREAS, possible changes in future JBSA Randolph JLUS studies may create a significantly different pattern of development over nearby property and, as a result, reduce the level of supporting infrastructure that may be built to support new and dense residential land development; and, WHEREAS, the City Council believes that the proposed zoning case, Z -2018- 900065, if approved, will have negative impacts to the area, inclusive of incompatibility with current and adjacent land uses, potential future planned uses, possible future missions at JBSA Randolph, and potentially overwhelm the rural road infrastructure in the area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: Section 1. The City Council hereby respectfully opposes zoning case Z- 2018 - 900065 and its proposed downgrading of lot sizes to 4000 square feet. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution 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 Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution 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 Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 5th day of February 2019. Secretary CITY OF QAWR/TZ. TEXAS R. Carpenter