Consent 1.N.
Regular City Council Meeting
- Meeting Date:
- 04/09/2012
- TITLE
- Resolution of Intent to Exclude Tract 81-A of C/S 2165 and Set a Public Hearing
- PRESENTED BY:
- Candi Beaudry
- Department:
- Planning & Community Services
Presentation:
Information
PROBLEM/ISSUE STATEMENT
The Planning Division is requesting the City Council approve a Resolution of Intent to Exclude Property from the City, described as Tract 81-A, Certificate of Survey 2165 in the Briarwood Planned Unit Development. The resolution would set a public hearing for May 14, 2012. The deannexation would result in about 13.82 acres of undeveloped land being taken out of the City. Petitioners and property owners James and Stella Ziegler have signed the attached petition to request that this property be deannexed. The property was annexed into the City in 2003.
The requested deannexation is consistent with the City’s deannexation policy in that:
1. The property is not encumbered by any indebtedness of any improvement district of which the territory is a part, and
2. Public right-of-way terminates at the northeast corner of the subject property but the property is not adjacent to public-right-of way for any length beyond this street stub, and
3. The property is located on the outer perimeter of the City limits and upon exclusion of the property will not result in a parcel wholly surrounded by City limits.
4. The property is bordered by other property with the City Limits on the north and northeast, but is not adjacent to the acceptable limits of annexation as defined on the most recent update of the Limits of Annexation Map.
The requested deannexation is not consistent with the City’s deannexation policy in that:
1. The property is not currently connected to City water, wastewater or storm drainage facilities, however water and sewer lines are in close proximity to the property at the terminus of Dumbarton Road and could serve the property if developed, and
While this deannexation petition is at odds with at least one of the criteria in the City's deannexation policy, like annexation petitions, the City Council usually accepts the petition and sets a public hearing date to more thoroughly consider the petition and review comments on the request from all reviewing City Departments.
The requested deannexation is consistent with the City’s deannexation policy in that:
1. The property is not encumbered by any indebtedness of any improvement district of which the territory is a part, and
2. Public right-of-way terminates at the northeast corner of the subject property but the property is not adjacent to public-right-of way for any length beyond this street stub, and
3. The property is located on the outer perimeter of the City limits and upon exclusion of the property will not result in a parcel wholly surrounded by City limits.
4. The property is bordered by other property with the City Limits on the north and northeast, but is not adjacent to the acceptable limits of annexation as defined on the most recent update of the Limits of Annexation Map.
The requested deannexation is not consistent with the City’s deannexation policy in that:
1. The property is not currently connected to City water, wastewater or storm drainage facilities, however water and sewer lines are in close proximity to the property at the terminus of Dumbarton Road and could serve the property if developed, and
While this deannexation petition is at odds with at least one of the criteria in the City's deannexation policy, like annexation petitions, the City Council usually accepts the petition and sets a public hearing date to more thoroughly consider the petition and review comments on the request from all reviewing City Departments.
ALTERNATIVES ANALYZED
The City Council may:
• Approve the Resolution of Intent to Exclude Property to deannex the above mentioned property and set a public hearing for May 14, 2012; or
• Not approve the Resolution of Intent
• Approve the Resolution of Intent to Exclude Property to deannex the above mentioned property and set a public hearing for May 14, 2012; or
• Not approve the Resolution of Intent
FINANCIAL IMPACT
There is no financial impact to the City in approving the Resolution of Intent and setting this public hearing.
RECOMMENDATION
Staff recommends that Council approve the Resolution of Intent to Exclude Tract 81-A of Certificate of Survey 2165 from the city limits, and set a public hearing for May 14, 2012.