Consent 1.I.
Regular City Council Meeting
- Meeting Date:
- 09/27/2010
- TITLE
- Resolution of Intent to Exclude Tract 2A of C/S 2544 and Set a Public Hearing
- Department:
- Planning & Community Services
Presentation:
PROBLEM/ISSUE STATEMENT
The Planning Division is requesting the City Council approve a Resolution of Intent to Exclude Property to deannex a portion of the Briarwood Planned Unit Development (PUD) property that is described as Tract 2A of C/S 2544 Amended and set a public hearing for October 25, 2010. The deannexation will result in about 122 acres of undeveloped land being taken out of the City and reverted to Agricutlural Open Space zoning as it was before it was annexed and made part of the Briarwood PUD. Petitioners and property owners Max Thornton, Co-Trustee of the Katherine Thornton Trust, and Richard Paasch, Manager of PM&M, LLC have signed the attached petition to request that this property be deannexed.
The requested deannexation is consistent with the City’s deannexation policy in that:
1. The property is not currently connected to City water, wastewater or storm drainage facilities, and cannot connect to these facilities without a significant expenditure of personal or public funds, and
2. The property is not adjacent to public rights-of-way (however, the City is expected to condition this deannexation to maintain a road right-of-way for a future connection between McMasters Blvd. and Colleen Drive), and
3. The property is not encumbered by any indebtedness of any improvement district of which the territory is a part, and
4. 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.
The requested deannexation is not consistent with the City’s deannexation policy in that:
The property is adjacent on the west side to acceptable limits of annexation as defined on the most recent update of the Limits of Annexation Map (If deannexed, this will mainly result in the Briarwood Golf Course being the defining City Limits along a portion of the west, north and east portion of the Briarwood PUD.
The requested deannexation is consistent with the City’s deannexation policy in that:
1. The property is not currently connected to City water, wastewater or storm drainage facilities, and cannot connect to these facilities without a significant expenditure of personal or public funds, and
2. The property is not adjacent to public rights-of-way (however, the City is expected to condition this deannexation to maintain a road right-of-way for a future connection between McMasters Blvd. and Colleen Drive), and
3. The property is not encumbered by any indebtedness of any improvement district of which the territory is a part, and
4. 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.
The requested deannexation is not consistent with the City’s deannexation policy in that:
The property is adjacent on the west side to acceptable limits of annexation as defined on the most recent update of the Limits of Annexation Map (If deannexed, this will mainly result in the Briarwood Golf Course being the defining City Limits along a portion of the west, north and east portion of the Briarwood PUD.
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 October 25, 2010; 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 October 25, 2010; or
• Not approve the Resolution of Intent.
FINANCIAL IMPACT
There is no financial impact to approving the Resolution of Intent and setting this public hearing.
RECOMMENDATION
Staff recommends that Council approve the Resolution of Intent to Exclude a portion of the Briarwood PUD property that is described as Tract 2A of C/S 2544 Amended from the city limits, and set a public hearing for October 25, 2010.