Agenda Item: | 10.
| Agenda Title: | Discuss and consider action on Ordinance No. 329 annexing into the city limits approximately 128.256 acres of land generally located south of Hamilton Pool Road approximately 900-feet west of Cueva Drive.
| Council Action:
| Discuss and Consider Action
| Department: | Planning and Development
| Staff Contact: | Lindsey Oskoui
|
1. INTRODUCTION/PURPOSE
Consider annexation of approximately 128 acres located north and south of Hamilton Pool road approximately 1.5 miles southwest of the intersection of Hamilton Pool Road and Hwy 71 for a property commonly referred to as the Grumbles Ranch.
2. DESCRIPTION/JUSTIFICATION
a) Background
In 2013, the City initiated annexation on this 128 acre property. State law mandates that as part of the annexation process, a municipality offer affected landowners with agricultural exemptions through the local taxing authority the opportunity to execute a Development Agreement in lieu of being annexed.
This Development Agreement protects the landowner's agricultural activities related to their tax exemption and keeps the property outside City limits until such time as the land owner applies for a development permit that would change the use on the subject property. In 2013, the Grumbles family elected to execute such an Agreement, available here.
In 2016, the land owner authorized a developer to submit an application for a single family project on this property and provided the requisite petition for annexation to the City. A pre-concept presentation was held before Planning & Zoning Commission and City Council on 2/2/2016 and 2/9/2016, respectively.
The proposed project was on the 12/6/16 and 12/13/16 agendas as separate items for discussion, only.
b) Issues and Analysis
The Development Agreement maintains the property owner's right to rescind the request for annexation at any time up until action is taken by Council. Because this annexation would be the result of land owner request, it would not count against the City's annual 10 percent cap.
Staff recommends opening the item to officialy "institute annexation proceedings" per Local Government Code Chapter 43. However, we recommend postponement of action on annexation itself, corresponding with our recommendation for postponement of action on the Development Agreement; the landowner has previously indicated that without approval of the Agreement, they wish to withdraw their request for annexation.
3. FINANCIAL/BUDGET
Amount Requested | | | Fund/Account No. | | Cert. Obligation | | | GO Funds | | Other source | | | Grant title
| | Addtl tracking info | |
4. TIMELINE CONSIDERATIONS
5. RECOMMENDATION
Postponement.
|