DEPARTMENT: Planning
DEPARTMENT HEAD: Bridgett White, AICP
COUNCIL DISTRICTS IMPACTED: 4
SUBJECT:
First public hearing of a proposed annexation as requested by the property owner, Charles A. Timms, of 124.405 acres generally located southwest of the intersection of Somerset Road and Fischer Road.
SUMMARY:
First public hearing of a proposed annexation as requested by the property owner, Charles A. Timms, of 124.405 acres generally located southwest of the intersection of Somerset Road and Fischer Road, which is contiguous to the City limits of San Antonio and located within the City of San Antonio’s Extraterritorial Jurisdiction (ETJ) in southwest Bexar County.
BACKGROUND INFORMATION:
On January 9, 2014, the San Antonio City Council approved Ordinance No. 2014-01-09-0002, which authorized development agreements between the City of San Antonio (COSA) and the owners of properties appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber use within the San Antonio South Annexation Areas 1 - 4. State law required a development agreement be offered in lieu of annexation to qualifying properties. The property owner, Charles A. Timms, signed a development agreement for a period of ten years which guaranteed continued extraterritorial status of the property.
On February 26, 2019, representatives for the Charles A. Timms properties submitted a request for the full purpose annexation of two properties, in accordance with Chapter 43, Subchapter C-3 of the Texas Local Government Code. The larger property consists of 95.240 acres, legally described as CB 4300 P-5 ABS 614, and the smaller property consists of 29.165 acres, legally described as CB 4300 P-6 ABS 614, totaling 124.405 acres of land. The Annexation Area is generally located southwest of the intersection of Fischer Road and Somerset Road, which is contiguous to the City limits of San Antonio and located within the City of San Antonio’s Extraterritorial Jurisdiction (ETJ) in southwest Bexar County as described and depicted in Exhibits “A” and “B.”
The Annexation Area is currently undeveloped. The property owner will be developing the Annexation Area as part of a larger residential development project, named the Timms Subdivision Master Development Plan (MDP). Construction is anticipated to begin in 2020. Upon full build out in 2030, the entire Timms Subdivision will have approximately 794 residential lots with 389 residential lots planned for the proposed Annexation Area. The current property owner is requesting annexation in order to ensure logical planning boundaries and a consistent level of services throughout the entire development.
The Annexation Area is subject to the Heritage South Sector Plan. The requested “R-5” single family residential zoning district is compatible with the adopted “Suburban Tier” future land use and the adjacent properties.
ISSUE:
This is the first public hearing of a proposed annexation of the Charles A. Timms properties, generally located southwest of the intersection of Fischer Road and Somerset Road, the and associated Service Agreement, as required by state law, see Exhibit “C.” The proposed Annexation Area will be included in San Antonio’s municipal boundaries and public service areas; and it will be located in City Council District 4.
The Service Agreement will address City services (including Police, Fire, Road Maintenance, Zoning, etc.) to be implemented and necessary capital improvements to be provided by the municipality after the area has been annexed. The Annexation Area will be served by the South Patrol Substation, located at 711 W. Mayfield Street, San Antonio, TX 78211 and the San Antonio Fire Department will provide fire protection services and emergency medical services. In addition, the map of the Annexation Area and public hearing dates are available on the Planning Department’s webpage.
State law requires the municipality to follow other annexation procedures, which includes the publications of the public hearing notices, two public hearings by the governing body and the adoption of the annexation ordinance. The notice for the first public hearing was published on May 17, 2019 and the second public hearing notification was published on May 31, 2019. 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 May 17, 2019. Planning Commission recommended approval on May 8, 2019; Zoning Commission recommended approval on May 21, 2019. The associated zoning case will be considered on June 20, 2019 after City Council action on the annexation. The effective date will be July 1, 2019.
Dates Required Actions
May 8, 2019 Planning Commission
May 21, 2019 Zoning Commission
June 5, 2019 First City Council Public Hearing
June 20, 2019 Second City Council Public Hearing and Consideration
July 1, 2019 Effective Date of Annexation
ALTERNATIVES:
The denial of the ordinance would result in the Annexation Area portion of the Timms Subdivision remaining in the ETJ. Hence, there may be jurisdictional and regulatory conflicts during the development of the property and confusion with service delivery after the property is already developed.
FISCAL IMPACT:
At this time, no additional operating or capital budget resources are needed to be added to support this voluntary annexation.
RECOMMENDATION:
This is a public hearing and no action is required, at this time.