Consent 1.K.
Regular City Council Meeting
- Meeting Date:
- 08/28/2017
- TITLE
- Resolution of Intent to De-Annex #17-04: Portions of Terrace Estates Subdivision, 3rd Filing and Set a Public Hearing
- PRESENTED BY:
- Wyeth Friday
- Department:
- Planning & Community Services
Presentation:
No
PROBLEM/ISSUE STATEMENT
The Planning Division is requesting the City Council approve a Resolution of Intent to De-Annex #17-04 property from the City, described as portions of Terrace Estates Subdivision, 3rd Filing, being Lots 1-25, within Block 1, Lots 1-27, within Block 2 and Lots 1-6, 41A, 41B, 42A, 42B, 43-53, 60, 72-76, within Block 3. The de-annexation also includes all dedicated Right-Of-Way of Jack And Jill Avenue, Sage Drive, Woodland Trail, Valley Heights Road, Dewdrop Circle, Sun Valley Road and Alkali Creek Road within said Terrace Estates Subdivision, 3rd Filing, Blocks 1-3 (see exhibit attached). The resolution would set a public hearing for September 25, 2017. The de-annexation would result in about 49 acres of undeveloped land being taken out of the City. Petitioner and property owners, James and Jo Ann Boyer, have signed the attached petition to request that this property be de-annexed. The property is zoned Residential-9600. The property was platted in 1985 and never developed. Alkali Creek, the floodplain of the creek, and rimrocks on the property made development of the property as platted not cost effective or realistic. The owner intends to work with Yellowstone County to replat the property with a few single family lots along Alkali Creek Road given the challenges of the flood plain and topography and of trying to obtain City services. The property appears to have been in the City since it was platted in 1985.
The requested de-annexation is consistent with the City’s de-annexation policy in that:
1. The property is not connected to City water, wastewater, or storm drainage facilities, and appears to not be able to connect to these facilities without a significant expenditure of personal or public funds; and
2. The property is not encumbered by any indebtedness of any improvement district of which the territory is a part; and
3. The property is located on the outer perimeter of the City limits and upon de-annexation of the property will not result in a parcel wholly surrounded by City limits.
The requested de-annexation is not consistent with the City’s de-annexation policy in that:
1. The property is adjacent to public right-of-way along Alkali Creek Road. However, the road right-of-way for the unconstructed roads within the subdivision and the road right-of-way for Alkali Creek Road are proposed to be de-annexed as part of this process.
2. The property is bordered by other property within the City Limits on the north and east, and is adjacent to the acceptable limits of annexation as defined on the most recent update of the Limits of Annexation Map.
3. While exclusion of the property may mar the symmetry of the City to some extent, the boundary of the City in this area is somewhat jagged.
While this de-annexation petition is at odds with at least two of the criteria in the City's de-annexation 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 de-annexation is consistent with the City’s de-annexation policy in that:
1. The property is not connected to City water, wastewater, or storm drainage facilities, and appears to not be able to connect to these facilities without a significant expenditure of personal or public funds; and
2. The property is not encumbered by any indebtedness of any improvement district of which the territory is a part; and
3. The property is located on the outer perimeter of the City limits and upon de-annexation of the property will not result in a parcel wholly surrounded by City limits.
The requested de-annexation is not consistent with the City’s de-annexation policy in that:
1. The property is adjacent to public right-of-way along Alkali Creek Road. However, the road right-of-way for the unconstructed roads within the subdivision and the road right-of-way for Alkali Creek Road are proposed to be de-annexed as part of this process.
2. The property is bordered by other property within the City Limits on the north and east, and is adjacent to the acceptable limits of annexation as defined on the most recent update of the Limits of Annexation Map.
3. While exclusion of the property may mar the symmetry of the City to some extent, the boundary of the City in this area is somewhat jagged.
While this de-annexation petition is at odds with at least two of the criteria in the City's de-annexation 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 De-Annex property to exclude portions of Terrace Estates Subdivision, 3rd Filing and set a public hearing for October 10, 2017; or
• Not approve the Resolution of Intent.
• Approve the Resolution of Intent to De-Annex property to exclude portions of Terrace Estates Subdivision, 3rd Filing and set a public hearing for October 10, 2017; 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 De-Annex portions of Terrace Estates Subdivision, 3rd Filing from the city limits, and set a public hearing for October 10, 2017.