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Ordinance No. 15,374 ORDINANCE NO. 15,374 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, ENACTING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, AUTHORIZATION, AND APPROVALS NECESSARY FOR SUBDIVISION, SITE PLANNING,DEVELOPMENT,AND CONSTRUCTION OF MULTIFAMILY UNITS IN THE MF1, MF2, AND MF3 ZONING DISTRICTS AND PLANNED UNIT DEVELOPMENT DISTRICTS; PROVIDING FINDINGS OF FACT; PROVIDING DEFINITIONS; PROVIDING APPLICABILITY; PROVIDING PURPOSE; PROVIDING ENACTMENT; PROVIDING DURATION; PROVIDING FOR EXTENSION; PROVIDING EXCEPTIONS; PROVIDING EXEMPTIONS; PROVIDING FOR DETERMINATIONS; PROVIDING FOR APPEALS; PROVIDING A CONFLICTS CLAUSE; PROVIDING SEVERABILITY; PROVIDING ENFORCEMENT; PROVIDING FOR A PUBLICATION AND EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, the City of Baytown, Texas ("the City") is facing historic residential growth; and WHEREAS, the City is a home-rule municipality of the State of Texas, possessing regulatory authority to adopt ordinances and police regulations for the health, safety or general welfare of the City as necessary for carrying out a power granted by law to the City; and WHEREAS, the City seeks to ensure that impending and future developments are conducted in a fiscally sustainable and environmentally responsible manner; and WHEREAS,the City conducted an analysis to determine the adequacy of the City's current police and fire protection facilities and services and found the need beyond the estimated capacity that is expected to result from new property development, exacerbated by high density developments; and WHEREAS, upon the analysis by the City's Director of Planning and Community Development "Director," the City Council of the City of Baytown, Texas ("City Council") made findings related to the inadequacy of existing essential public facilities in accordance with Section 212.1351 of the Texas Local Government Code and determined a plan and timetable to evaluate and study future development with the City's population demand for residential development and the City's ability to serve the new development; and WHEREAS, City Council finds that the current staffing levels of fire and police protection services are inadequate and insufficient to adequately serve new high-density development; and WHEREAS, additional evaluations of the existing infrastructure and development are needed to allow for growth and development within the city limits while protecting the health, safety, environment, quality of life, and general welfare of its residents and community; and WHEREAS, until actions can be taken to orderly evaluate increases in density in a sustainable manner of the City, allowing for high-density development will only exacerbate the situation; and WHEREAS, all notices and hearings, including a hearing by the Planning & Zoning Commission, were published and held in accordance with applicable statutes, laws, and regulations; and WHEREAS, City Council finds that it is in the best interest of the City and its citizens to adopt and enact a moratorium to temporarily cease accepting permits, and/or providing the authorizations and approvals necessary, for zoning changes related to development of multifamily units in the City limits for MF1, MF2, MF3 zoning districts, and within any Planned Unit Development District ("PUD") for a period not to exceed one hundred twenty (120) days, in accordance with the timetable and plan offered by the Director; and WHEREAS, the City Council finds that the enactment of this ordinance is directly related to the immediate preservation of the public peace, health or safety; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown("City Council") does hereby adopt as a part of this ordinance the findings of fact as set out in the preamble to this ordinance and finds that the conclusions reached therein are true, correct and accurate, and are incorporated into this ordinance by reference. Section 2: Definitions.Terms appearing in this ordinance,but not defined herein,shall have the meanings provided in the Code of Ordinances of the City of Baytown,Texas(the"Code"), or if not defined by the Code, then the common meanings are in accordance with ordinary usage. The terms used in this ordinance, shall be defined as follows. A. "Commercial property" means property zoned for or otherwise authorized for use other than single-family use, multifamily use, heavy industrial use, or use as a quarry. B. "Essential public facilities" means water, sewer/wastewater, or storm drainage facilities or street improvements provided by a municipality or private utility. C. "Permit" means an ordinance, license, certificate, approval, registration, consent, permit, contract or other agreement for construction related to, or provision of, service from a water or wastewater utility owned, operated, or controlled by a regulatory agency, or other form of authorization required by law, rule, regulation, order, or ordinance, that a person must obtain to perform an action or initiate, continue, or complete a project for which the permit is sought. D. "Project" means an endeavor over which a regulatory agency exerts its jurisdiction and for which one(1)or more permits are required to initiate,continue,or complete the endeavor. 2 E. "Property development" means the construction, reconstruction, or other alteration or improvement of residential or commercial buildings or the subdivision or replatting of a subdivision of residential or commercial property. F. "Residential property"means property zoned for or otherwise authorized for single- family or multifamily use. Section 3: Applicability. Unless a project falls within an exception, as provided below, this temporary moratorium applies to all applications for multifamily unit property development permits requiring a zoning change within the MF1, MF2, and MF3 zoning districts and'or any PUD. The applicability of the moratorium to any permit not needing a zoning change request, including high-density developments such as multifamily or condominium residential use developments, shall be determined based on the purpose of the moratorium and may be added to a list of exclusions to this ordinance by the Director. Section 4: Purpose. This temporary moratorium is being enacted to: (i) prevent a shortage of essential public facilities and services, namely police and fire protection, which are operating at capacity and functioning understaffed and (ii) to afford the City time to study the sustainable development, particularly with multifamily and condominium developments needed to support the demand of the population and a sustainable City service plan for the protection of the health, safety and well-being of the residents, citizens and inhabitants of the City of Baytown, Texas. Section 5: Enactment. The City of Baytown hereby enacts this ordinance implementing a temporary moratorium on the City's acceptance,review, approval, and issuance of permits, authorizations, and approvals necessary for the subdivision of, site planning of, or construction on real property for high-density residential property development in the City of Baytown. Section 6: Duration. The initial duration of this temporary moratorium shall be for a period of one hundred twenty (120) days after enactment of this ordinance, or repeal of this ordinance by the City,whichever is sooner. During said period of moratorium,the City shall cease accepting permits and/or providing the authorizations and approvals necessary for the subdivision, site planning, development and construction of multifamily units requiring a zoning change in the City limits for MF1, MF2, and MF3 zoning districts, and within any PUD, as provided under all ordinances that may be related thereto of the City of Baytown, including all amendments thereto during the period of moratorium. Section 7: Extension. If the City determines that the initial period is insufficient for the City to fully complete its study and planning, this ordinance may be renewed or extended for an additional period of time necessary to complete the study and implement the recommended changes to codes, policies, and processes in accordance with the time limits as provided by law upon a majority vote of City Council. Section 8: Adoption of Provisions of Chapter 212. The City of Baytown adopts verbatim the waiver procedures required by Local Government Code, Section 212.137,on the date the moratorium takes effect and, as applicable, the limitations on the moratorium as specified in the Local Government Code, Section 212.139(a) and(b). 3 Section 9: Exceptions and Exemptions. a. Exceptions. Any property owner who believes that the property owner falls within any of the below exceptions shall provide notice of the exception(s) at the time of application for any permit with the City-approved form. Exceptions are administratively approved or denied. Any exception that is denied may be appealed to City Council. Exceptions will be determined within the same time period as the administrative completeness check for each project, or within ten (10) business days, whichever is sooner. If a Grandfathered Development Status Determination Request is required, then the exception can be applied concurrently with the Request; but the timeframe of the Request shall be controlling. i. No Impact Projects. The temporary moratorium implemented by this ordinance does not apply to a project that does not impact fire and police protection capacity with high residential capacity. ii. Ongoing Projects. The temporary moratorium implemented by this ordinance does not apply to any projects that are actively in progress and for which a valid development permit, as defined in Chapter 245 of the Texas Local Government Code, was issued and has not expired as of February 23, 2023, such being the fifth business day after the date on which the City published notice of the public hearings to consider this ordinance. The provisions of this ordinance do not apply to any completed application or plan for development for a permit, plat, verification, rezoning, site plan, approved wastewater plan, or new or revised certificate of occupancy for property development that was filed prior to February 23, 2023. New permits applied for as part of a previously approved project may proceed once an exception is applied for and approved as described herein. iii. Grandfathered Projects. The temporary moratorium implemented by this ordinance shall not apply to projects that are grandfathered under Texas Local Government Code, Chapter 245. New permits applied for as part of a previously vested project may proceed once an exception is applied for and approved as described herein. iv. Development Agreement. The temporary moratorium implemented by this ordinance does not apply to property owners with a negotiated approval granted by the City Council providing for construction standards, platting, water, and development rules pursuant to Local Government Code, Chapter 212, Subchapter G. New permits applied for as part of a Development Agreement project may proceed once an exception is applied for and approved as described herein. b. Waivers. Any property owner who does not assert rights under Texas Local Government Code, Chapter 245, but who seeks authorization to proceed with the development permitting process during the time of the temporary moratorium may request a waiver. Property owners who apply for a Planned Unit Development under Codes that do not seek multifamily, condominium, or similar high-density zoning change amendments, and who do not require land use modifications 4 inconsistent with the updated comprehensive planning, in accordance with Local Government Code, Chapter 212, Subchapter E, if any, may apply for a waiver in accordance with a City policy. Section 10: Determinations and Appeals. a. Exceptions.The Director or his or her designee shall make all initial determinations regarding the status of all projects with applications for permits during this temporary moratorium and recognition of all exceptions, as provided herein. Exceptions for projects filed within thirty (30) days of the effective date of this ordinance may be filed without a corresponding permit application. Any exception application filed within this period will be decided within ten(10)business days of receipt. Any exception that is denied may be appealed to City Council, or the applicant may apply for a waiver. An exception may be applied for by lot, project, plat, or all area covered by a particular permit or agreement. b. City Council. City Council shall make a final decision on waivers within ten (10) days of filing the application. C. Waivers. The decision to approve an exemption (as provided for above) shall rest solely with the City Council. Any denial will stand until the moratorium is lifted unless the project applicant requesting the waiver has a substantial change and reapplies for a waiver. Section 11: Conflicts. In the case of any conflict between the other provisions of this ordinance and any existing ordinance of the City, the provisions of this ordinance will control. Section 12: Enforcement. The City shall have the power to administer and enforce the provisions of this ordinance as may be required by governing law. Any person violating any provision of this temporary moratorium is subject to suit for injunctive relief. Nothing in this ordinance shall be construed as a waiver of the City's right to bring a civil action to enforce the provisions of this ordinance and to seek remedies as allowed by law or equity. Section 13: Severability. That in the event any clause, phrase, provision, sentence or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair,or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Baytown, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 14: This ordinance shall take effect immediately from and after its passage and publication, in accordance with state law and Article II, Section 29, of the Charter of the City of Baytown, Texas. 5 INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 23rd day of February, 2023. J B POWELL, Mayor Pro Tem ATTEST: ° � o a ANGELA CKSON,' it °clerk o �• °c0000sse� Q}C 0 r- APPROVED AS ORM: SCOTT LEMO D, City Attorney INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the 2nd day of March, 2023. BRANDON CAPETILLO, Mayor ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: SCOTT LEMOND, City Attorney R:UCaren Anderson ORDMANCES\2023\2023.02.23 S.Lemond 120-dayMoratorium4Multi-FamilyZoning.docx 6