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16-S-31 - Moratorium on residential and commercial property development IH-10 to approximately 2,000 feet N of Lower SeguinAN ORDINANCE BY THE CITY COUNCIL OF THE CI'T'Y OF SCHERTZ, TEXAS IMPOSING A MORATORIUM ON BOTH RESIDENTIAL AND COMMERICAL PROPERTY DEVELOPMENT DUE TO A NEED TO PREVENT A SHORTAGE OF ESSENTIAL PUBLIC FACILITIES GENERALLY IN THE AREA FROM IH -10 TO APPROXIMATELY 2,000 FEET NORTH OF LOWER SEGUIN ROAD BETWEEN FM 1518 AND THE WESTERN BOUNDARY OF THE CITY LIMITS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 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; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF 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 adopts a moratorium on both residential and commercial property development due to a need to prevent a shortage of essential public facilities generally in the area from IH -10 to approximately 2,000 feet north of Lower Seguin Road between FM 1518 and the western boundary of the City Limits for 120 days. 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. Approved on first reading the 23rd day of August, 2016. PASSED, APPROVED AND ADOPTED on final reading tl e ay of August, 2016. ael R. Carpenter, Mayor ATTEST: r renda Dennis, City Secretary (SEAL OF THE CITY) (CITY SEAL) Exhibit A Justification of a Moratorium on Both Residential and Commercial Development due to a Significant Need for Public Facilities Written Findings Justification for Moratorium: Significant Need for Public Facilities- Fire Written Findings The significant need for fire facilities in southwestern Schertz, coupled with increased development in the area, in light of the flight mission from Joint Base San Antonio - Randolph (JBSA- Randolph) would be detrimental to the health, safety, and welfare of the residents of Schertz. 1. Evidence demonstrating that applying existing development ordinances or regulations and other applicable laws is inadequate to prevent the new development from causing the overcapacity of municipal infrastructure or being detrimental to the public health, safety, and welfare of the affected geographical area; Over the course of the last few years, Schertz has experienced a tremendous amount of growth in southern Schertz, the areas generally bounded by IH40, the Cibolo Creek, FM 78 and the western boundary of the City. The development has been primarily residential, with projects such as Laura Heights, Hunter Estates, Ivy Estates, The reserve at Schertz, The Crossvine, Willow Grove, and Rhine Valley. These are in addition to Schertz Forest and Sedona that were developed a few years earlier. Two schools have also been constructed in southern Schertz, Corbett Junior High and the Washington Tyrannus School of the Arts. This has significantly altered the character of the area and imposed a tremendous need for additional infrastructure, including fire protection, sewer service, improved road networks, police protection, water service and drainage. A number of efforts are underway to provide additional infrastructure capacity in this area. The City and the Cibolo Creek Municipal Authority (CCMA) are working to construct a sewer treatment plant near IH -10 and the Cibolo Creek. The City has also applied for a Certificate of Convenience and Necessity (CCN) for sewer collection with the Texas Commission on Environmental Quality (TCEQ) has entered into an interlocal agreement with the San Antonio River Authority (SARA) for the part of southern Schertz in the San Antonio River Authority's (SARA) CCN. The City has engaged Freese and Nichols, Inc. to update the City's thoroughfare plan and craft a roadway impact fee - ordinance. This is especially critical given the limited access to southern Schertz from the rest of the City where the Police and Fire Department facilities are located. Finally, to provide additional water capacity, the City acquired a tract of land in southern Schertz and has entered into a contract for the design of a l million gallon elevated storage tank. Despite the current lack of infrastructure, development has continued at a rapid pace. The primary concern in this area is a lack of fire protection. The Fire Department has indicated that the average response time for Engine 1 to Laura Heights is 20:38 minutes (median time is 19:56). For Sedona it is 11:77 minutes on average and median response time is 11:63 minutes. This has led the City to rely increasingly on our neighboring City of Converse to supplement the fire protection for this area which strains their resources as well. This development activity is occurring under the City's current development ordinances and is expected to continue into the future. Additional efforts by the City to provide additional infrastructure mentioned above— water (elevated storage tank) sewer (CCMA treatment plant), improved road network which benefit existing residents, also adds capacity to meet the needs of future development and is likely to increase development in the area. 2. Evidence demonstrating that alternative methods of achieving the objectives of the moratorium are unsatisfactory; and In an effort to provide adequate fire protection to the area, the City of Schertz works with neighboring communities including the cities of Converse and Cibolo. While this assistance is critical it is not sufficient to provide adequate fire protection to this area. The Converse and Cibolo Fire Departments must provide fire protection to their communities and as such may not have adequate resources when called upon to respond. Additionally, their proximity to the area does not provide for desired response times. In June 2015 the City entered into an agreement with the Alamo Area Council of Government (AACOG) regarding mutual aid for emergencies and recovery. This is only used for larger incidents, not more routine incidents that are experienced more often. Despite all of these efforts, additional fire resources, primarily staff, equipment and a fire station/public safety facility are needed to adequately serve this area. As part of the City's Facilities Master Plan effort, Mike Pietsch, P.E. Consulting Services, Inc. was retained to assist developing a master fire station plan. The report recommends the next station be constructed in this area in the vicinity of FM 1518 and Ray Corbett Drive to mitigate the "excessive travel distance from existing Fire Station #1 to the southern section of Schertz. This is in part due to the limited access to the area from the existing fire stations as the only route into the area from the rest of Schertz is via FM 1518 which can be impacted in flooding situation. This location is intended to eliminate potential or existing ISO class 10 (no recognized fire protection) areas and improved the ISO rating. The ongoing development further stretches the fire resources that are serving this area. 3. Evidence demonstrating that the municipality has approved a working plan and time schedule for achieving the objectives of the moratorium. The City Council created a bond committee to prioritize future bond needs. The highest priority at this point is a future public safety facility that would serve to provide fire protection to this area. The bond election was held November 2015 and citizens approved funding for a new public safety facility in southern Schertz. The working plan to provide adequate fire services for this area is to hire additional fire personnel in FY 2015 -16 and future years so that when the station is complete in early 2018 staffing for the station exists. Ongoing steps include hiring additional fire personnel for the next two years to achieve adequate staffing when the station is anticipated to open. Having certainty on funding for the fire station and new firefighters would allow the city to allow finalize the station location and begin design. The City will also work over the next 4 months to analyze the recently approved JBSA- Randolph Joint Land Use Study (JLUS) to determine any changes to land uses and development regulations to reduce the risk to individuals and property in the area in light of the increased hazards associated with the fight training mission at Randolph that are outlined in the JLUS. Staff will also consider this in developing the plans for the new fire station, including its design and equipment as well as training of staff.