From
Bill Crolley
Title
Ordinance providing for a six month moratorium on the acceptance of any development related applications or permits for schools
Presenter
Bill Crolley, Assistant City Manager, and Don Postell, City Attorney
Recommended Action
Approve
Analysis
The City is requesting a six month moratorium on schools until a study may be done concerning the spacing or distancing restrictions to protect the public health, safety, and welfare and the preservation of good order and security of the City and its citizens.
City Staff is recommending this item to be tabled until the February 21st, 2017 City Council agenda.
Financial Consideration
Not applicable.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, PROVIDING FOR A SIX MONTH MORATORIUM ON THE ACCEPTANCE OF ANY DEVELOPMENT RELATED APPLICATIONS OR PERMITS FOR ANY SCHOOL INTO ANY ZONING DISTRICTS WHERE THOSE USES ARE ALLOWED UNTIL SUCH TIME AS A STUDY MAY BE DONE CONCERNING SPACING OR DISTANCING RESTRICTIONS PROXIMITY TO OTHER SCHOOLS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND DECLARING AN EFFECTIVE DATE
WHEREAS, there has recently been a proliferation of schools in close proximity to other schools which provide different educational services and which are permitted by right in all zoning districts; and
WHEREAS, to ensure these types of educational establishments are not located in close proximity to each other; and
WHEREAS, it was not the intent of the this moratorium to limit or preclude the operation of an existing establishment or an establishment that had prior approval or has an application pending by the city that may now require a site plan, building permit, electrical permit, plumbing permit, or Certificate of Occupancy or similar permit or authorization for its continued operation; and
WHEREAS, the moratorium shall expire on or about June 13, 2017; and
WHEREAS, it is essential to protect the public health, safety, and welfare and the preservation of good order and security of the City and its citizens by enacting a moratorium on the permitting of any school until a study may be done concerning the spacing or distancing restrictions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND
PRAIRIE, TEXAS:
SECTION 1. THAT the City of Grand Prairie will not accept any application for zoning/rezoning, site plan, specific use permit, building permit, electrical permit, plumbing permit, or Certificate of Occupancy or similar permit or authorization for any new school or new school location, unless previously approved by the city or a part of the normal maintenance and operation of the establishment or as may be approved by the Zoning Board of Adjustment, within the City of Grand Prairie for the sooner of a period of 180 days, or until the City otherwise suspends this ordinance.
SECTION 2. THAT should any word, sentence, paragraph, or provision of this ordinance be held invalid or unconstitutional, the validity of the remaining provisions of this ordinance shall not be affected and shall remain in full force and effect.
SECTION 3. THAT all ordinances or portions thereof in conflict with the provisions of this ordinance, to the extent of such conflict, are hereby repealed and suspended during the pendency of this ordinance. To the extent that such ordinances or portions thereof are not in conflict herewith, the same shall remain in full force and effect.
SECTION 4. THAT this ordinance shall take effect immediately with an expiration date on or about June 13, 2017, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 13TH DAY OF DECEMBER, 2017