| Agenda Item: | 9.
| | Agenda Title: | Public hearing, discussion and possible action on Ordinance No. 482 annexing 92.425 acre tract of land general located southeast of the Shops of the Galleria. (Cassandra Interests, Ltd.)
| Council Action:
| Hold public hearing, discuss, and consider action
| | Department: | Planning and Development
| | Staff Contact: | E. Megan Will, Director of Planning & Development
|
1. INTRODUCTION/PURPOSE
Consider annexation of a 92.425 acre tract of land generally located southeast of the Shops at the Galleria.
2. DESCRIPTION/JUSTIFICATION
a) Background
In December 2016, the city entered into a Development Agreement with Cassandra Interests, Ltd. for a 92.425 acre tract of land generally located southeast of the Shops at the Galleria. The terms of the DA provide that in the event the ““Owners file any type of subdivision plat, permit application or related development document (except for permit applications related to agricultural, wildlife management or timber purposes) for the Property, or a portion of the Property, with a governmental entity that has jurisdiction over the Property or such portion, regardless of how the Property is appraised for ad valorem tax purposes, that in addition to the City’s other remedies, such action will constitute a petition for voluntary annexation by the Owners and the Property or such portion, will be immediately subject to annexation at the discretion of City Council.”
In April 2020, the property owner submitted a Chapter 245 vested rights determination for the property. This determination was denied by the City Manager in May 2020 and pursuant to Code provision 30.01.007(d)(8), the landowner submitted an appeal of the determination of the City Manager to the City Council. On August 11, 2020, City Council directed staff to work with the applicant toward preparing a Consent Agreement with the intent of resolving the dispute concerning development rights and applicable regulations in order to avoid the cost and uncertainty of litigation to both parties (per Code Sec. 30.01.007(d)(9)). On January 12, 2021 City Council approved a Consent Agreement, this agreement also stipulates annexation will be initiated.
In April of this year the property owner, now Synchro Realty LLC, provided a pre-submittal of a preliminary plat for the subject property. The plat depicts residential development consistent with the SF-20 zoning district [will be R-2 with the adoption of the UDC] consistent with the terms of the Development Agreement and Consent Agreement.
Section 1.03 of the Home Rule Charter adopted by the citizens of Bee Cave in May 2013 states that “The City may from time to time alter its boundaries by annexing any territory adjoining boundaries, as such boundaries may exists from time to time, in any size or shape desired in any manner provided by State law and by any other method provided by law for any type of incorporated municipality, with or without consent of the owners of such territory or the inhabitants thereof. The City may from time to time alter its boundaries by disannexing any territory adjoining its boundaries; as such boundaries may exist from time to time, by passage of an ordinance describing the territory to be disannexed. Any additional territory annexed to the City shall be part of the City for all purposes, and the property situated therein shall bear its pro rata part of the taxes levied by the City as provided by State law. The inhabitants thereof shall be entitled to all right and privileges of all citizens and shall be bound by the acts, ordinances, and resolutions of the City.”
Texas Local Government Code Chapter 43, subchapter C-3 establishes a detailed process for how annexation on the request of owner(s) must be completed, including:
- preparation of a service plan;
- issuance of notice in the newspaper and on the City’s website; and
- one public hearing at City Council.
b) Issues and Analysis
A survey of the property is attached. The property is currently undeveloped.
Adjacent land uses and neighbors include the following:
North: Little Barton Creek, across the creek is Chinese Holly way providing access to the Paseo apartments & East Village single-family residential neighborhood.
South: Spanish Oaks Golf Course.
East: East Village single-family residential neighborhood in city limits and Hillside at Spanish Oaks single-family residential neighborhood in ETJ.
West: Shops at the Galleria and Spanish Oaks Golf Club.
The annexation area includes all or portions of the following properties.
|
TCAD ID
|
Address
|
Owner
|
Size (acs)
|
Structures
|
|
563801
|
State Highway 71 West
|
Synchro Realty LLC
|
83.3865
|
· None
|
|
731043
|
State Highway 71 West
|
Cassandra Interests
|
2.00
|
· None
|
|
495044
|
State Highway 71 West
|
Cassandra Interests
|
9.640
|
· None
|
Source: Travis Central Appraisal District
3. FINANCIAL/BUDGET
| Amount Requested | | | Fund/Account No. | | | Cert. Obligation | | | GO Funds | | | Other source | | | Grant title
| | | Addtl tracking info | |
4. TIMELINE CONSIDERATIONS
5. RECOMMENDATION
Staff recommends approval of the annexation.
|