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Brentwood City Commission Agenda
Meeting Date: 06/12/2018  
Resolution 2018-48 -- A Resolution Authorizing Initiation of Annexation Process for Property Located in the SE Quadrant of the Intersection Holly Tree Gap and North Berry's Chapel Roads
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Resolution 2018-48 - Authorizing Initiation of Annexation Process Due to Property Owner Request for Annexation of approximately 7.27 acres located in the southeast quadrant of the intersection of Holly Tree Gap Road and North Berry's Chapel Road.  The proposal includes two properties located at 2500 North Berry's Chapel Road and 1003 Holly Tree Gap Road. 
Background
Dr. William Huffman and Mr. Alan Huffman have submitted a "Petition for Annexation" to the Planning and Codes Department requesting consideration of the annexation of property.  The subject property includes two parcels: one located at 2500 North Berry’s Chapel Road (Parcel # 028 09600, including 5.70 acres) and the second located at 1003 Holly Tree Gap Road (Parcel # 028 09602, including 1.57 acres).  The combined area of the property is approximately 7.27 acres.   The properties share a common boundary with one another.  The properties are located within the City's Urban Growth Boundary (UGB), but are considered as non-contiguous to the existing City limits because they are separated by a section of North Berry's Chapel Road which is not in the City limits. For this reason, staff is recommending that the proposed area for annexation include a portion of North Berry's Chapel Road being approximaterly 700 feet in length as measured from its intersection with Holly Tree Gap Road. City staff has contacted the County to determine the method by which this acquisition would occur, assuming the County agrees to it.   

There is also a small parcel having an area of approximately 813 square feet that is located in the NW corner of the larger parcel (2508 North Berry's Chapel Road).  The parcel is owned by the Mallory Valley Utility District and is the site of one of its pump stations. Staff has not received any communication from MVUD regarding its concurrence or dissent of the proposed annexation at this time.  This issue as to whether this parcel will be included as part of the annexation area must be addressed before the Board of Commissioners will hear the final resolution calling for a public hearing on the proposed annexation and the Plan of Services.  Whether this small parcel is included or not does not have a material impact the public service issues associated with this annexation request.

The primary reason for the requested annexation is the property owner's desire to subdivide the tract located at 2500 North Berry's Chapel Road to provide one additional lot for construction of a future home and provide City sewer service to the new home.  Mr. Alan Huffman also desires sewer service extended to his lot, which is east of the larger tract.  Please see the final plat for Alan Huffman's lot, attached below.  

Sewer service can be extended to the subject properties from the manhole located at the intersection of Coldstream Drive and Holly Tree Farms Road in the Holly Tree Farms subdivision.  Since the properties are located within the City's UGB they were included in the sewer system master plan evaluation and modeling for the ultimate sewer system build out.  As required by City and Water Service Department standards, the property owners would be required to fund the installation of public sewer to and across the subject properties to be made available to future customers. Any recovery of construction costs associated with the sewer installation would be in accordance with City Code. The property owner is aware that he will be required to extend gravity sewer to service his tract and stub the line to the eastern boundary of the property for future extension.  

Staff has had several conversations with the applicant. He is aware that the City does not annex properties then extend utilities to serve any future development.  Policy 7.C.1 in the 2030 Plan states -- “In territory adjoining the City where development is proposed, the City will pursue a cost-effective program of annexation within the limits of State law, to ensure the land use complies with the City’s zoning ordinance and subdivision regulations and that appropriate infrastructure is provided.  The City will not annex property and extend municipal services beyond the existing limits solely to promote new development  that would not otherwise occur without the provision of Municipal Services.”

TCA § 6-51-102 requires that a plan of services be prepared for each requested annexation.  The plan is intended to provide the services to be delivered and the projected timing of those services.  “The Plan of Services shall include, but not be limited to: police protection, fire protection, water service, electrical service, sanitary sewer service, solid waste collection, road and street construction and repair, recreational facilities and programs, street lighting, and zoning services.”  “The plan shall also include a reasonable implementation schedule for delivery of the comparable services to the territory to be annexed.”

To assist the Commission in deciding whether to move forward with consideration of this annexation request, staff has prepared a preliminary review of possible municipal service impacts (see attached Exhibit A).  While the impact on most primary services (i.e. police, fire, etc.) is negligible, the inclusion of a segment of North Berry's Chapel Road does present future road maintenance cost obligations estimated at approximately $43,000 based on today's paving contract prices.  The potential for the future removal of some of the twenty-four large pine trees within the ROW of North Berry's Chapel Road adjacent to the subject properties is also a cost that would be assumed by the City should the trees die and become a hazard.  From a revenue perspective, based on current assessed valuation of the two parcels in question, annual property tax revenues to the City would be $1,265.

The current zoning of the property in Williamson County is MGA-1 (Municipal Growth Area – 1). The intent of the MGA-1 district is to provide areas adjacent to Cities to remain largely undeveloped until such a time as the land may be annexed into a municipality. Until such annexation, the municipal growth areas are considered a part of the County’s rural landscape and as such, this district is established to protect the rural character of Williamson County by allowing for agricultural, rural, and low-density residential development. The minimum lot size required is one acre.  The maximum gross density is one dwelling unit per acre. 
 
If the Board of Commissioners approves the proposed resolution and directs staff to proceed with preparing all required materials for full consideration of annexation of the property, staff would recommend that the Suburban Residedntial (R-2) zoning district be assigned to the property.  

Finally, positive action on the proposed resolution shall not be construed as approval of the requested annexation.  The annexation must follow state law and complete the prescribed notification, review and approval process.

If you have any questions or need additional information, please contact the Planning and Codes Director.
Staff Recommendation
Not Applicable. 
 
Previous Commission Action
There has been no previous action by the Board of Commissioners regarding the subject properties.  

Fiscal Impact
Attachments
Res 2018-48 Authorizing Initiation of Annexation Process
Exhibit A
Vicinity Map
Authorization & Petition for Annexation
Alan Huffman Petition for Annexation
Final Plat -- Huffman Subdivision
Quitclaim Deed -- 4861/237
Opinion of Cost to Extend Gravity Sewer

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