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
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