Title
Discussion of issues relating to annexation of a 37.0002 acre tract within the City’s Extra Territorial Jurisdiction into the City of Deer Park upon written request of the property owner.
Body
Summary:
During the June 4th Regular Council Meeting, the Council will consider approval of an ordinance for the voluntary annexation of a 37.0002 acre tract within the City’s Extra Territorial Jurisdiction into the City of Deer Park. This ordinance also includes approval of a service agreement for the property. There are several other items related to this annexation, which will be discussed/considered at the Regular City Council Meeting. Below is a chronology of issues related to the annexation, which include: a service plan, a sewer line maintenance agreement, a zoning designation for the newly annexed property, a zoning code amendment, and a Specific Use Permit application.
• On January 25, 2019, Molto Properties Fund III LLC, the developer, on behalf of GEO Specialty Chemicals and RBD Warehouse, the property owners, submitted a petition for the voluntarily annexation of +/- 49.0166 acres of undeveloped tracts of land located along the west side of Independence Pkwy and North of State Highway 225 the City of Deer Park for commercial development purposes.
• On February 5, 2019, the City Council adopted an ordinance accepting the petition for the voluntary annexation of the aforementioned property, and called for two public hearings on the proposed annexation.
• On March 5, 2019, the City Council conducted the first public hearing regarding the proposed annexation.
• On April 2, 2019, the City Council conducted the second public hearing regarding the proposed annexation.
• In April 2019, the property proposed to be annexed was sold to the new owner, 739 Independence Parkway LLC, an affiliate wholly owned by Molto Properties Fund Ill LLC.
• On May 24, 2019, the property owner executed the annexation agreement, which is required by State statute.
• On May 24, 2019, the property owner executed a sewer line maintenance agreement for the connection of sewer from the City of Deer Park to the proposed property to be annexed, stating that:
1. City will request sewer line easement under State Highway 225 from TXDOT.
2. Property Owner shall pay and install a sewer line from the City's point of connection.
3. Property Owner shall abide by all City's codes and ordinances in regards to sewer connection.
4. Property Owner shall not allow any other property owner to connect to the sewer line without the City's express consent given in connection with the annexation of such other property to the City.
5. Property Owner or future Property Owners or Assigns will be solely liable for the installation, relocation, repair and replacement or maintenance of the sewer line.
• On May 28, 2019, the property owner submitted an amendment to the voluntary annexation request submitted on January 25, 2019 to remove the +/- 12 acre parcel originally shown as Phase II and the 710 square foot fee strip connecting Phase I and Phase II. The revised area requested to be annexed consists of 37.002 acres. (Note: The remaining +/- 12 acre parcel will remain in the City’s extra-territorial jurisdiction and will be subject to the provisions of the Industrial District Agreement (IDA)).
• On May 6, 2019, the property owner submitted a request for the property to be zoned as M3. This will need to be referred to P&Z.
• On May 7, 2019, the property owner submitted an application for a Specific Use Permit for bulk warehouses. This will need to be referred to P&Z.
• Staff proposes that a recommendation be submitted to the P&Z to amend the City’s Zoning Code to allow for lay down yards in an M3 district, changing use groups, and requiring a SUP for bulk warehouse in an M3 district. This change will apply to the proposed annexed property, but would apply to any other M3 property within the City limits.
A timeline for the annexation and zoning related items is attached.
Fiscal/Budgetary Impact:
The proposed improvements on the property to be annexed would generate substantial taxable value for the City.
Recommended action
Discussion only during Workshop. During the Regular Council Meeting the Council will consider approval of an ordinance for the voluntary annexation of a 37.0002 acre tract within the City’s Extra Territorial Jurisdiction into the City of Deer Park. This ordinance also approval of a service agreement for the properly