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File #: 14-579   
Type: Miscellaneous Item
In control: City Council A Session
On agenda: 9/4/2014
Posting Language: An Ordinance approving a Municipal Boundary Adjustment with the City of Shavano Park for two tracts of land from the City of San Antonio municipal boundary to the City of Shavano Park (approximately 6.24 acres) and one tract of land from the City of Shavano Park to the City of San Antonio (approximately 31.81 acres), to provide for approximately 1 mile of improved hike and bike trails to the City's Howard W. Peak Greenway Trails System. [Peter Zanoni, Deputy City Manager; John M. Dugan, Director, Planning and Community Development]
Attachments: 1. FINAL CITY OF SHAVANO RESOLUTION, 2. Shavano Park Survey, 3. Shavano Park Map, 4. Parks Ordinance 2012-09-20-0731 (850 acres - city wide land acquisitions), 5. Salado (Rogers-Denton) land acquisition map 8-4-14, 6. Shavano Park Municipal Boundary Adjustment, 7. Ordinance Shavano Park 8-13-2014, 8. DRAFT Shavano Park Agreement, 9. Signed Item #34 A, 10. Signed Item #34 B, 11. Signed Resolution Shavano Park 8_27_2014, 12. SIGNED Shavano Agreement, 13. Ordinance 2014-09-04-0657
DEPARTMENT: Department of Planning and Community Development      
 
 
DEPARTMENT HEAD: John M. Dugan
      
      
COUNCIL DISTRICTS IMPACTED: City Wide
 
 
SUBJECT:
Municipal Boundary Adjustment with the City of Shavano Park
 
 
SUMMARY:
An Ordinance approving a Municipal Boundary Adjustment with the City of Shavano Park for an exchange of territory, with the City of San Antonio receiving 31.81 acres and the City of Shavano Park receiving two tracts totaling 6.24 acres, adjacent to Salado Creek.
 
 
BACKGROUND INFORMATION:
On July 22, 2013 the City of Shavano Park Council, by resolution, requested a municipal boundary adjustment along a portion of the Salado Creek.  The City of Shavano Park is ceding 31.81 acres of floodplain located along Salado Creek to the City of San Antonio for the purpose of San Antonio continuing and building the Salado Creek Greenway trail project.  The City of San Antonio will adjust its city limits by transferring 1.88 acres and 4.36 acres to the City of Shavano Park for a trail head and garden office lots.
 
Under State law, Sec.43.031 of the Texas Local Government Code provides authority for adjacent municipalities to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width.  The request was evaluated based on the City's adopted Annexation Policy and criteria provided in the Texas Local Government Code, with feedback incorporated from other City Departments and agencies.
 
The municipal boundary adjustment supports the acquisition of approximately 73.5 acres of land that will be used in the development of the Salado Creek Greenway trail project (W Loop 1604 to Huebner Road), part of a growing network of interconnected hike and bike trails now known as the Howard W. Peak Greenway Trails system (Ordinance 2012-09-20-0731).
 
This project and the associated land acquisitions are funded through sales tax initiatives approved by voters in November of 2010.  The objectives of the program are to acquire and preserve open space along San Antonio creekways and to develop multi-use hike and bike trails, trailheads, signage and associated amenities for use by San Antonio residents and visitors.
 
The acquisitions consist of a donation of approximately 72 acres of floodplain along Salado Creek.  The property owner has agreed to also sell another 1.5 acres of non-floodplain property to be used as a trailhead. The project is funded through voter-approved 2010 Proposition 2 Sales Tax Initiative funds.  
 
 
ISSUE:
The City of San Antonio's Annexation Policy provides guidance and rationale for consideration of areas for annexation and issues within the ETJ.  The subject request was evaluated based on criteria provided in the policy and on the feedback received from other CoSA departments and outside agencies including Fire, Police, Development Services, the Office of Historic Preservation, Transportation and Capital Improvements (TCI), the City Attorney's Office, CPS Energy, Bexar County, SAWS, etc.
 
The City of Shavano Park will cede a 31.81 acre tract located in the floodplain to the City of San Antonio.  LEE-1604 NO ONE LTD, the owner of the 31.81 acres, proposes to donate this tract for the expansion of the City of San Antonio's Salado Creek Greenway.  The 1.88 acres the City of San Antonio will cede to the City of Shavano Park is planned for Parks/Open Space.  The City of Shavano Park plans to create a trailhead on this parcel with access to the creek way.  The 4.36 acres located along W Loop 1604 will be ceded from the City of San Antonio to the City of Shavano Park and is zoned C-2 ERZD.  Garden offices are planned for this property.  
 
W Loop 1604 is located to the north of the subject properties and two single family residential neighborhoods are located to the east and west of Salado Creek.  
 
CPS Energy provides electrical utility services in the subject area.  The City of San Antonio provides police protection/law enforcement to the areas within the city limits and the City of Shavano Park provides police protection/law enforcement to the areas within the City of Shavano Park.  The City of San Antonio Park Police will provide services along the Salado Creek Greenway trail project.   
 
The area is contiguous to the City of San Antonio city limits.  The municipal boundary exchange will consolidate the trail ways jurisdiction and allow for emergency services to efficiently serve the area.  The greenway construction permitting process will be expedited with all of the trail area being located in the City of San Antonio.
 
The City of San Antonio will be in charge of maintaining the Salado Creek greenway trail and will protect the sensitive riparian environment along the trail.
 
The community close to the greenway trail and citizens who commute to the trail will experience the most benefits.  The trail way will allow for connectivity to the City's other hike and bike trails and will promote increased activity and a healthy lifestyle.  There will be two trail heads for easy access located along Loop 1604 and Cliffside Drive.  
 
 
The City of San Antonio Annexation Policy recommends revenue sharing.  In an effort to meet the City of San Antonio Annexation Policy recommendation regarding revenue sharing the City Shavano Park will contribute $15,000 to the City of San Antonio to be paid over the next four years.   An annual payment of $3,750 will be made on October 1st of each year beginning on October 1, 2014 and ending on October 1, 2017.
 
 
ALTERNATIVES:
Because there are three (3) tracts in this request, it is possible to approve some and not others.  Staff has evaluated all of the tracts and worked with the City of Shavano Park to reach a compromise that is fiscally neutral and addresses the service delivery problems caused by municipal boundary lines that split parcels. The Council may elect to deny the request for a Municipal Boundary Adjustment or provide an alternative with the City of Shavano Park.  
 
 
FISCAL IMPACT:
The City of San Antonio will receive a total of $15,000 over four years through an inter local agreement for the municipal boundary adjustment.  The City of San Antonio is gaining the 31.81 acres through possible donation of land or easement and will be able to expand its hike and bike trails.  Past trail way acquisition has an average cost of $10,975 per acre.  Therefore the 31.81 acres could potentially result in a savings of $349,114.  
 
 
RECOMMENDATION:
Staff recommends approval of the Municipal Boundary Adjustment with the City of Shavano Park.
 
Planning Commission recommended approval August 13, 2014.
Infrastructure and Growth Committee recommended approval on August 20, 2014.