PRESENTER: Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
Body
SUBJECT: Title
Approval of the first reading of an ordinance regarding the proposed disannexation of approximately 8.76 acres, being out of Abstract No. 98 of the Antonio Maria Esnaurizar Survey, No. 1, Comal County, Texas, located along the southeast right-of-way line of Interstate Highway 35 in the corporate limits of the City.
Header
DEPARTMENT: Planning & Development Services
Body
COUNCIL DISTRICTS IMPACTED: 4
BACKGROUND INFORMATION:
Case No.: ORD23-295
Applicant/Owner: Southstar at Mayfair, LLC
Chip Mills, Senior Vice President
2055 Central Plaza, Suite 100, Box 195
New Braunfels, TX 78130
(225) 270-5951 | chip@southstarcommunities.com
Staff Contact: Matt Greene
(830) 221-4053 | mgreene@nbtexas.gov
In 2022, the City of New Braunfels entered into a development agreement with Southstar at Mayfair, LLC, regarding the development of approximately 1,888 acres named Mayfair and located within Comal County Water Improvement District No. 3. Approximately 8.76 acres of the Mayfair project lies within the City Limits of New Braunfels.
ISSUE:
The subject property was annexed into the City in 1984 as part of an annexation of properties along the City’s northern most boundaries of IH 35. The applicant is requesting disannexation of the subject property from the City Limits stating the disannexation will serve to align the Development Agreement and Strategic Partnership Agreement (SPA) with the boundaries of Comal County Water Improvement District No. 3 and the City; and that it is consistent with Section 1.04 of the City’s Charter.
Currently, development of the subject property is regulated by Chapter 144 (Zoning), City Code of Ordinances, whereas development of the remainder of Mayfair is governed by the Mayfair Development & Design Control Document (DDCD). Disannexation of the subject tract would require the property to follow the DDCD, which would then allow for consistency of development standards across all of Mayfair.
With the subject property currently located within Comal County Water Improvement District (WID) No. 3., it is subject to ad valorem taxation by both the City and the WID. So, disannexation would streamline and clarify property taxation, but it would remain eligible for limited purpose annexation per the SPA. Southstar at Mayfair, LLC has agreed to waive any right it has for any refund of taxes and fees under Section 43.148, Texas Local Government Code.
FISCAL IMPACT:
Portions of the subject property will be part of a future limited purpose annexation as specified within the Development Agreement.
Recommendation
RECOMMENDATION:
Approval.