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File #: 19-4449   
Type: Public Hearing
In control: City Council B Session
On agenda: 8/7/2019
Posting Language: First public hearing regarding the proposed annexation of a 52.48 acre property located at 11000 Fischer Road, Von Ormy, TX, 78073, 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 requested by the property owners, Maruchan Texas, Inc., near City Council District 4. [Lori Houston, Assistant City Manager; Bridgett White, Director, Planning]
Attachments: 1. CC Public Hearing 1 - Exhibit A, 2. CC Public Hearing 1 - Exhibit B, 3. CC Public Hearing 1 - Exhibit C
Related files: 19-4450
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DEPARTMENT: Planning Department                     

 

 

DEPARTMENT HEAD: Bridgett White, AICP

                     

                     

COUNCIL DISTRICTS IMPACTED: 4

 

 

SUBJECT:

 

First public hearing of a proposed annexation of a 52.48 acre property located at 11000 Fischer Road, Von Ormy, TX, as requested by Maruchan Texas, Inc.

 

 

SUMMARY:

 

First public hearing of a proposed annexation as requested by the property owner, Maruchan Texas, Inc., of a 52.48 acre property located at 11000 Fischer Road, Von Ormy, TX, 78073, which is contiguous to the city limits of San Antonio and located within the City of San Antonio (City)’s Extraterritorial Jurisdiction (ETJ) in southwest Bexar County.

 

 

BACKGROUND INFORMATION:

 

Maruchan Texas, Inc. is a large manufacturing company that currently maintains a food processing facility at the intersection of IH-35 South and South Loop 410, in the City’s Extraterritorial Jurisdiction (ETJ) and in Emergency Services District (ESD) #5.  This facility is the main base for its Midwest operations in the United States.  There are also facilities located in California and Virginia.

 

In June 2012, the City Council approved a five-year Industrial District Non-Annexation Agreement (IDA) with Maruchan Texas, Inc., (Maruchan) through Ordinance No. 2012-06-14-045.  Under the IDA, Maruchan agreed to hire and maintain at least 500 employees, provide certain annual wages based on position, and offer employee benefits packages.  Originally, to attract the building of the facility and related jobs, the City offered the company a five-year Non-Annexation Agreement and Basic Fire Services Agreement through designation of an industrial district.  At the time, the Maruchan project site was not identified for annexation, but Planning staff was studying areas for potential annexation, particularly in southern Bexar County.  The South San Antonio area surrounding the Maruchan property was ultimately annexed for limited purposes in 2014, then for full purposes in 2016.

 

The IDA and fire agreement were amended and extended in May 2016 until the end of 2018.  In the amended IDA, Maruchan exchanged 2.057 acres of land with the City of San Antonio for the construction of a new fire station, for a small fee and continued fire services.  Pursuant to the terms of the IDA, Maruchan consented to the annexation of the property once the ILA expired or was terminated.   After the IDA expired in 2018, the City then initiated the annexation process of the Maruchan property in accordance with Chapter 43, Subchapter C-3 of the Texas Local Government Code.

 

The Annexation Area is currently subject to the United Southwest Community Plan. The adopted future land use is Regional Commercial for the Maruchan property.  The required I-1 (General Industrial) zoning district will require a plan amendment to Light Industrial future land use category. 

 

 

ISSUE:

 

This is the first public hearing of the proposed annexation of the Maruchan property, located at 11000 Fischer Road, Von Ormy, TX, 78073 and the associated Service Agreement.  As requested by the property owner, the proposed annexation will expand San Antonio’s municipal boundaries and the public service areas to include the Maruchan property.  This annexation is aligned with annexation of the San Antonio Fire Station #52 property which was originally acquired from Maruchan by the City in 2016.  The Maruchan property will be part of City Council District 4.

 

The Service Agreement will address city services 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 West Mayfield Boulevard, San Antonio, TX 78219 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 that a municipality follow other annexation procedures, which includes the publication of public hearing notices, two public hearings by the governing body and the adoption of the annexation ordinance, and Service Agreement.  The notice for the first public hearing was published on July 19, 2019 and the second public hearing notification was published on August 2, 2019.  The second City Council public hearing and consideration is scheduled for August 22, 2019.  The effective date of annexation will be August 22, 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 Planning Commission heard and considered the proposed annexation on July 24, 2019.  The draft ordinance was published on July 19, 2019.  The Zoning Commission heard and considered the proposed zoning for the annexation area on August 6, 2019.  The associated zoning case along with action on the annexation will be considered by City Council on August 22, 2019.  Below is a proposed schedule for the Annexation Area.

 

Dates                                                                                     Required Actions

July 24, 2019                                                               Planning Commission

August 6, 2019                                          Zoning Commission

August 7, 2019                                          First City Council Public Hearing

August 22, 2019                                          Second City Council Public Hearing and Consideration

August 22, 2019                                          Effective Date of Annexation

 

 

ALTERNATIVES:

 

The denial of this ordinance would result in the Maruchan property remaining in unincorporated Bexar County.  Hence, Maruchan would no longer be covered by SAFD and instead be served by the ESD and subject to their taxing jurisdiction.  This alternative may result in Maruchan relocating its manufacturing operations away from the San Antonio region, which in turn would cause San Antonio to lose a major regional employer.

 

 

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.