City staff has already identified specific concerns related to data centers and proposed regulations to address them. Those regulations are scheduled for consideration and potential adoption by August 11. Because the City is moving forward with new regulations, staff is not recommending a moratorium. Initiating a moratorium would add several procedural steps and delay the adoption of the proposed regulations by two to three months.
A moratorium is a temporary pause on certain types of new development to allow a city time to study and prepare regulations to address specific development issues.
Under the Texas Local Government Code, a moratorium requires specific certain requirements, including specific notice and public hearings, written findings to justify the moratorium, and the City must adopt development regulations at the end of the moratorium. Moratoriums have an initial duration of 90 days and may be extended for an additional 90 days provided certain process and findings are followed.
Moratoriums also have limitations. It cannot be used to regulate issues outside the City’s authority or prohibit a lawful land use. It does not apply to vested projects, approved projects, or those with zoning applications already submitted, meaning projects in progress are not halted.
Due to the moratorium procedural requirements of State law, the soonest a moratorium could be enacted is October:
|
|
|
|
|
|
Work Session Presentation
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ordinance 2nd Reading/Adoption
|
|
|
|
|
|
Late January/early February 2027
|
|
|