Focus Area: Economy & Legal
Staff Contact: Jessica Schuller, Senior Planner & Ron Shaver, City Attorney
Subject: ANX24-0003; De-annexation of approximately 186.22 acres, Petitioner: David N. Brooks, CF Gardner, LLC
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Public hearing and consideration of Ordinance No. 24-42 (ANX24-0003) requesting approval of a de-annexation to exclude approximately 186.22 acres located northeast of W. 175th Street and Clare Road from the corporate boundaries of the City of Olathe (ANX24-0003).
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Summary:
The requested exclusion is for approximately 186.2 acres owned by CF Gardner LLC, located northeast of W. 175th Street and Clare Road. The property was annexed into the City of Olathe in September of 2022. The petition for de-annexation is included as Attachment A, and a map of the property is included as Attachment B.
The City and the applicant entered into an annexation agreement at the time of annexation (Attachment C). Details and the conditions for the annexation of the subject property are included in the annexation agreement. The annexation agreement states that the applicant will submit a request for rezoning to the M-2 District within 360 days of the effective date of annexation. The agreement provides that the developer has the right to request de-annexation of the property if the City fails to approve all Project Approvals under terms and conditions satisfactory to both Parties.
Rezoning application RZ23-0009 was approved by the Planning Commission on March 25, 2024 for development of speculative industrial buildings under the M-2 District. At the applicant’s request, the application was not placed on a subsequent City Council meeting agenda.
The attached ordinance (Attachment D) would effectuate the de-annexation in accordance with Kansas law.
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Financial Impact:
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Action Needed:
1. Conduct the public hearing. Make a motion to close the public hearing.
2. Approve Ordinance No. 24-42 (ANX24-0003) excluding approximately 186.2 acres from the corporate boundaries of the City of Olathe.
3. Deny Ordinance No. 24-42 (ANX24-0003) excluding approximately 186.2 acres from the corporate boundaries of the City of Olathe
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Attachment(s):
A. Petition for De-annexation
B. Map of Property
C. Annexation Agreement
D. Ordinance No. 24-42