DEPARTMENT: Planning
DEPARTMENT HEAD: Bridgett White, AICP
COUNCIL DISTRICTS IMPACTED: 9
SUBJECT:
Annexation of a 15.99 acre property as requested by the Herlinda Cantu Family LP, the property owner, addressed at 23211 US Highway 281 North, and associated Service Agreement
SUMMARY:
Second public hearing and consideration of an ordinance recommending approval of a proposed annexation of a 15.99 acre property as requested by the Herlinda Cantu Family LP, the property owner, addressed at 23211 US Highway 281 North, generally located southwest of the intersection of Northwind Boulevard and US Highway 281 North, which is contiguous to the City of San Antonio (COSA) limits, located within the San Antonio Extraterritorial Jurisdiction (ETJ) in Bexar County, adopting a Service Agreement and establishing an effective date of December 13, 2018.
BACKGROUND INFORMATION:
On December 1, 2016, the San Antonio City Council approved Ordinance No. 2016-12-01-0898, which authorized development agreements between the City of San Antonio (COSA) and owners of properties appraised for ad valorem tax purposes such as agricultural, wildlife management, or timber use within the US Highway 281 North Commercial Corridor Annexation Area. As required by state law, a development agreement was offered in lieu of annexation to qualifying properties. The Herlinda Cantu Family LP signed a development agreement for a period of ten years which guaranteed the continued extraterritorial status of the property.
On May 10, 2018, the Herlinda Cantu Family LP, the property owner, submitted a request for full purpose annexation of 15.99 acres of land, in accordance with the Texas Local Government Code. The property is generally located southwest of the intersection of Northwind Boulevard and US Highway 281 North, which is contiguous to the COSA limits and within the San Antonio Extraterritorial Jurisdiction (ETJ) in Bexar County (for an exhibit and field notes for the annexation area, see Exhibits A and B). The subject property is currently undeveloped, and the property owner is interested in developing the property for commercial uses.
The property is subject to the North Sector Plan and the adopted future land use is Suburban Tier. The property owner is requesting “C-2” Commercial zoning district for the 15.99 acre parcel, which is consistent with the adjacent properties and is compatible with the adopted future land use.
ISSUE:
This is the second public hearing and consideration of an ordinance approving the proposed annexation of the 23211 US Highway 281 North Property and associated Service Agreement. The proposed annexation will expand San Antonio’s municipal boundaries and the City’s service areas. Planning Commission recommended approval on October 24, 2018; Zoning Commission recommended approval on November 6, 2018; and the first City Council public hearing was held on November 28, 2018.
The Service Agreement (Exhibit C) addresses City services (including Police, Fire, Road Maintenance, Zoning, etc.) to be implemented and capital improvements (if necessary, as required by state law) to be provided by the municipality after the area has been annexed.
These services are already in effect on adjacent properties currently within San Antonio’s city limits. At this time, no additional resources will need to be added as a result of this annexation. The property will be served by the San Antonio Fire Department and will be part of an existing police patrol district, North Patrol Substation, located at 13030 Jones Maltsberger, San Antonio TX, 78247. The service agreement was reviewed by numerous city departments, including Police, Fire, TCI, SAWS, and Development Services, among others. The property owner has agreed to the terms and schedule of the city services to be applied to the property. In addition, the map of the annexation area, public hearing dates, and contact information, are available on the Planning Department’s webpage.
State law requires the municipality to follow other annexation procedures, which includes the publication of the public hearing notice, two public hearings by the governing body and the adoption of the annexation ordinance. The notice for the first public hearing was published on November 9, 2018 and the second public hearing notification was published on November 23, 2018. Additionally, the City Charter of San Antonio requires consideration by the Planning Commission, and the publishing of the annexation ordinance 30 days prior to the final adoption. The draft ordinance was published on November 9, 2018. Below is the schedule for the annexation area.
Dates Required Actions
October 24, 2018 Planning Commission Hearing and Consideration on Annexation
November 6, 2018 Zoning Commission Hearing and Consideration
November 28, 2018 First City Council Public Hearing
December 13, 2018 Second City Council Public Hearing and Consideration
December 13, 2018 Effective Date of Annexation Ordinance
ALTERNATIVES:
The denial of the ordinance would result in the Annexation Area remaining in unincorporated Bexar County.
FISCAL IMPACT:
The annexation will extend full municipal services to the area. This area will be served by the San Antonio Fire Department and will be part of an existing police patrol district, North Patrol Substation. These services are already in effect on adjacent properties currently within San Antonio’s city limits and no additional resources will need to be added as a result of this annexation at this time. However, once there are plans to develop the land, the level of service may increase and additional city resources may be required in the future.
RECOMMENDATION:
Staff recommends approval of the ordinance regarding the Annexation Area and related Service Agreement.