DEPARTMENT: Planning Department
DEPARTMENT HEAD: Bridgett White, AICP
COUNCIL DISTRICTS IMPACTED: 3 and 4
SUBJECT:
Proposed annexation of numerous properties located on the south side of San Antonio’s Extraterritorial Jurisdiction (ETJ).
SUMMARY:
Public Hearing and consideration of a resolution recommending the approval of the annexation of properties located on the south side of the City of San Antonio’s ETJ, which are contiguous to the city limits. The annexations were consented to by way of development agreements between the City and each landowner.
BACKGROUND INFORMATION:
The City of San Antonio (City) initiated Limited Purpose Annexation of the south side area in 2014, and then completed Full Purpose Annexation of the area in 2016. As part of both annexation processes, Texas Local Government Code required the City to offer Agricultural Development Agreements to properties which were assessed the Agricultural Market Value by the Bexar County Appraisal District (BCAD).
In 2013, 2014, and 2016, prior to final Full Purpose Annexation of other properties in the South San Antonio Area, numerous property owners entered into Development Agreements with the City of San Antonio which allowed their continued agricultural use of their property and guaranteed the extraterritorial status of their property for as long as the property owner continued the use as described in the terms of the Development Agreement.
ISSUE:
The property owners of the subject properties have violated the terms of their Development Agreement in a few different ways: no longer having an agricultural appraisal for ad valorem tax purposes by BCAD; subdividing and selling portions of the property; submitting building permits with Bexar County; and/or allowing fireworks sales on the property. Pursuant to the terms of the Development Agreement, any of these circumstances would cause the Development Agreement to be voided and the City is then allowed to initiate Full Purpose Annexation proceedings. Prior to initiating the annexations, the City mailed multiple notices to the property owners regarding the violations of the recorded agreement terms.
In accordance to the terms noted in the Development Agreement between the property owners and the City (also recorded with the Bexar County Land Records), the City is initiating Full Purpose Annexation proceedings. As stated in the Development Agreement and included below, Full Purpose Annexation is deemed to be with the consent of the property owner.
Pursuant to Section 3 of each recorded Development Agreement:
“This agreement is void if the Owner fails to continue to use the Property solely for agricultural, wildlife management or timber use and/or subdivides or develops the Property in any matter that would require a plat of the subdivision or a related development document to be filed with any governmental entity having jurisdiction over the Property.
Existing legal residential uses may continue. No new residential development shall be permitted, except for the addition of living space to an existing legal residence, the addition of accessory residential structures such as garages and carports where the total combined floor area of all accessory structures does not exceed 2500 feet, and an accessory dwelling (either attached or detached) that does not exceed 1200 square feet in living area.
If the Property ceases to be appraised for agricultural, wildlife management or timber use or if the Owner subdivides the Property as described in this section, then the City may annex the Property, either in whole or in part, and such annexation shall be deemed to be with the consent of the Owner.”
The annexation will extend full municipal services to the properties and all city codes and regulations will be applied. Annexation of these properties will provide a uniform level of City services to the areas, avoiding difficulties with multi-jurisdictional public safety services as well as other crucial services. The annexed properties will be located in City Council Districts 3 and 4.
Dates Required Actions
November 27, 2019 Planning Commission Hearing and Consideration
December 3, 2019 Zoning Commission Hearing and Consideration
December 12, 2019 City Council Public Hearing and Consideration
December 31, 2019 Effective Date of Annexation
ALTERNATIVES:
If Planning Commission does not recommend approval of the Annexations, the City Council will consider the Annexation of the properties without a resolution of support from the Commission.
RECOMMENDATION:
Staff recommends approval of the resolution recommending the above described proposed Annexation of properties and for City Council to consider same at their December 12, 2019 meeting.