DEPARTMENT: Department of Planning and Community Development
DEPARTMENT DIRECTOR: Bridgett White, AICP
COUNCIL DISTRICT IMPACTED: 9
SUBJECT:
An Ordinance authorizing the Director of the Department of Planning & Community Development to execute Development Agreements between the City of San Antonio and six owners of property within the US 281 North Corridor annexation boundary to guarantee continued extraterritorial status of properties which are appraised for ad valorem tax purposes as agricultural, wildlife management or timber use for a period of 10 years.
SUMMARY:
An Ordinance authorizing the Director of Planning & Community Development to execute Development Agreements between the City of San Antonio and six owners of property within the US 281 North Corridor annexation boundary to guarantee continued extraterritorial status of properties which are appraised for ad valorem tax purposes as agricultural, wildlife management or timber use for a period of 10 years. Staff recommends approval.
BACKGROUND INFORMATION:
When an area is proposed for annexation, the Texas Local Government Code, Section 43.035, requires a development agreement be offered in lieu of annexation to owners of property appraised for ad valorem tax purposes as land for agriculture or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter. A city may not annex an area, unless the city offers to make an agreement with the land owner to continue the extraterritorial status of the area. Section 43.035 authorizes the development agreement to extend regulations and planning authority of the city that do not interfere with the use of the area for agriculture, wildlife management or timber use. If the landowner declines to make the agreement, the City may annex the property.
Owners meeting the above referenced appraised value were mailed letters with agreements to be signed and postmarked no later than September 2, 2015, or hand delivered to the Department of Planning & Community Development at 1400 S. Flores, San Antonio, Texas, no later than September 4, 2015 by 4:30 p.m.
A total of 36 agreements were offered, of which six agreements were signed and returned, totaling approximately 54 acres. Those properties where owners have consented to a non-annexation agreement will be removed from the annexation; however, those properties where owners declined or did not respond to the City’s offer will be included in the annexation.
ISSUE:
The proposed agreement is consistent with the City’s Annexation Policy, which states that the City shall offer non-annexation agreements to property owners, within a proposed annexation, that have agricultural exemptions, in accordance with state law.
The primary considerations of the development agreement are:
• Owners agree to consensual annexation at the end of the 10 year term or have an option to extend the agreement, by mutual consent in writing, and with City Council approval;
• The agreement allows the continuation of agriculture as an industry which supports local markets;
• The City can extend its boundaries beyond the development agreement as an area adjacent to one of these agreements is considered to be contiguous to the city;
• The development agreement does not create vested rights;
• The agreement automatically terminates with the filing of a subdivision plat or related development document, or if the use is changed to a non-agricultural use, regardless of how the area is appraised for ad valorem tax purposes; and
• Should the agreement terminate the City can proceed with annexation and zoning using the procedures for consensual annexation.
Because an agreement for first responder fire protection between the City of San Antonio and Bexar County Emergency Service District (BCESD #3) will serve the properties within Bexar County, staff is recommending that City Council save and except the four properties in Comal County from this action. Staff is recommending no annexation within Comal County.
ALTERNATIVES:
None. This is required for annexation by the Texas Local Government Code 43.036 and 212.172.
FISCAL IMPACT:
These six areas will not be annexed into the City limits, so there is no fiscal impact since the City services outlined in the Service Plan will not apply.
RECOMMENDATION:
Staff recommends approval of an Ordinance authorizing the Director of the Department of Planning & Community Development to execute Development Agreements between the City of San Antonio and six owners of property within the US 281 North Corridor annexation boundary to guarantee continued extraterritorial status of properties which are appraised for ad valorem tax purposes as agricultural, wildlife management or timber use for a period of 10 years, save and except the four parcels in Comal County. Staff is recommending no annexation within Comal County.