After several residents have come forward during a range of public meetings calling for a halt on development in the city, Boerne city officials said there simply is no legal grounds to do so.
Boerne City Council members met with the city attorney last week in executive session to discuss a moratorium on development, which could halt acceptance of permit applications for new development within the city limits or the city’s extraterritorial jurisdiction. However, city councilmembers concluded there was no legal justification under state law to establish such a development dead end.
“When I was on council three years ago, we had a conversation about this,” Boerne Mayor Tim Handren said. “At that time, there was a moratorium that was taking place in Bastrop, Texas, for various reasons. As we’ve been educated, each of us (councilmembers) have been educated in various forms or fashions by our city attorney, you know – when the rules changed in the early 2000s, Texas law allows for three very, very, very specific reasons why you can do a moratorium.”
Under Sec. 212.133 of the Texas Local Government Code, procedures for adopting a moratorium, cities may implement a hold on development so long as written findings are provided indicating the city has a shortage of essential public facilities, a significant need for public facilities or a justification for a commercial moratorium in certain circumstances. The latter requires the city to provide written findings that show a need to adopt new or amend old city ordinances or regulations, identifying how allowing commercial development without the new or amended regulations would harm public health, safety or welfare.
Handren pointed out the city addressed the state of its utilities and public infrastructure during a winter workshop Jan. 20, where several high-ranking city staff members identified needs for expansion or improvement of transportation and utility infrastructure in the future. However, the current and immediate future demands are seemingly well met, rendering a moratorium legally inapplicable to Boerne under existing state law.
Three major concerns expressed by residents during countywide transportation meetings, Boerne Planning and Zoning Commission meetings and Boerne City Council meetings were the influx of traffic congestion, the strain on the local potable water supply and stormwater drainage. However, several of these issues are being addressed by city officials through development of a bond referendum proposal
– likely set to appear on the November election ballot – as well as county funding and budget adjustments, including a potential increase of the flat, $4 stormwater utility fee.
“We had a very in-depth discussion about all of our utilities and our infrastructure last week at our workshop that would suggest that all of our facilities and our infrastructure is adequate for where we are today,” Handren said. “So, there’s no legal reason for us to claim a moratorium for any reason whatsoever actually. The things we didn’t talk about last week would be police and fire, and we don’t really have a shortage of facilities as it relates to police and fire. We know that we have future needs for additional fire departments. We have future needs for development. As the city continues to grow, but from Texas law standpoint we have no legal standpoint for claiming a moratorium in Boerne, Texas.”
Handren pointed out that in the new Unified Development Code last year, city officials and staff conducted “true urban planning” for the first time in the city’s history. He said zoning is the tool the city has in controlling development and insuring it fits the area of city its proposed for, reminding the audience they can come forward and contest any item if they feel the zoning doesn’t fit a given area.
In the end, no official action was taken by the city council, but it was made clear city officials are taking the stance that there is no legal grounds to halt development in response to several citizens’ public outcries to address “unmitigated growth” in the city.
During a transportation committee meeting earlier this month, Bob Manning, Kendall County, Boerne, Fair Oaks Transportation Committee co-chair and former Boerne city councilmember, said focusing growth within the city limits to retain the rural character of Kendall County outside the city limits was a growth strategy adopted by former city councils. Looking at the current development in the county and the areas of the county projected to see the most growth – which is projected for the southwestern and southeastern quadrants of the county that fall within the city of Boerne – this practice seems to remain in place.
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