RESOLUTION NO. 19-1082

A RESOLUTION ESTABLISHING AN ANNEXATION POLICY FOR THE CITY OF OLATHE, KANSAS; AND REPEALING CERTAIN PRIOR RESOLUTIONS.

WHEREAS, the Governing Body of the City of Olathe recognizes that urban services are best provided by cities; and

WHEREAS, the City of Olathe has adopted a Comprehensive Plan which establishes goals and objectives for the future physical development of the City; and

WHEREAS, the Comprehensive Plan establishes a planning area which encompasses an area outside of the City’s current boundaries; and

WHEREAS, the current boundaries of the City have, in some areas, extended beyond the ultimate service areas of the City water and wastewater systems; and

WHEREAS, the Governing Body of the City of Olathe has executed boundary agreements with the neighboring cities of Lenexa, Overland Park, Spring Hill, Gardner, and De Soto establishing the City’s future growth area, but has established no timetable in which to annex properties within the City’s future growth area; and

WHEREAS, the Governing Body of the City of Olathe encourages voluntary annexation of properties within the City’s future growth area; and

WHEREAS, the Governing Body of the City of Olathe further recognizes that a prudent annexation policy will provide adequate land for the continued growth and balanced development of the City, maintain logical planning and governmental service units in accordance with the Comprehensive Plan, encourage quality development, integrate new growth into the existing urban fabric of the City, minimize negative fiscal impacts on existing residents, and equitably distribute the costs of local government services over the areas that enjoy the benefits of such services.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF OLATHE, KANSAS:

SECTION ONE: The City encourages landowner annexation petitions pursuant to K.S.A. 12-520 as the preferred annexation method.

SECTION TWO: The City may initiate annexation of unincorporated areas within its future growth area upon the circulation of a petition for the formation of a City sanitary sewer improvement district, a County sanitary sewer improvement district, or filing of an application for the subdivision and platting of land for the development of residential neighborhoods or other urban-intensity development within the future growth area.

SECTION THREE: The City recognizes that unincorporated property is subject to the codes and resolutions of Johnson County, Kansas. It is the City’s intent that, in accordance with Resolution No. 09-1010, as unincorporated property that is rural in character is annexed into the City limits, the property will be subject to regulations that are similar to those in Johnson County until such time as the property develops to a more urban character.

SECTION FOUR: Annexation shall be required prior to extension of City utility services to property outside the corporate limits unless a benefit district is authorized by K.S.A. 12-693 and any amendments thereto. The development of all property annexed into the City shall be in compliance with the City’s Street Improvement Policy, Policy PI-3, and requirements for dedication of right-of-way as provided in any applicable corridor and or transportation plans. In accordance with Section 18.30.040 of the Olathe Unified Development Ordinance, in order to prevent the premature development of land which might pose a threat to the health, safety or general welfare of the community at large, or the occupants of land in the particular area of the City, it is the policy of the City that no application for special use permit, preliminary or final development plan or preliminary or final plat shall be approved unless public facilities and services are available, or will be provided as a condition of the application, which are adequate to serve the development.

SECTION FIVE: In accordance with the City’s Benefit District Policy, Policy PI-5, property annexed into the City shall not be required to join any existing benefit districts upon annexation. In accordance with K.S.A. 12-6a19 and Chapter 13.20 of the Olathe Municipal Code, such property may only be subject to benefit fees for arterial street, water or sewer improvements at such time as a property owner requests, by petition, to be served by such improvements.

SECTION SIX: The City may initiate annexation of areas that the Governing Body determines will promote the general welfare of the community. The City shall use annexation as a tool to join incorporated islands and eliminate unincorporated enclaves. The City shall avoid creating any new enclaves of County property within the City through new annexations. The City considers new enclaves to be areas that are surrounded completely by the City, other incorporated cities, and/or public parks. The City shall also avoid creating incorporated islands of City property surrounded completely by unincorporated property.

SECTION SEVEN: The Governing Body discourages the use of annexation agreements authorized by K.S.A. 12-534 unless such agreements provide for significant benefits to the City that might otherwise be unattainable. In the event a petitioner requesting to voluntarily annex into the City also requests that the City enter into an annexation agreement pursuant to K.S.A. 12-534, the petitioner shall meet with staff to discuss the potential annexation and the reasonably foreseeable infrastructure needs of the property prior to the Governing Body considering the petition for annexation.

SECTION EIGHT: All annexations considered by the City shall be in conformance with the Comprehensive Plan, shall respect annexation agreements with other municipalities, and be in compliance with Kansas annexation statutes.

SECTION NINE: The Planning Division will periodically review this Annexation Policy and make recommendations for the continued implementation of this policy as needed. This policy shall automatically expire on December 31, 2024 unless it is readopted for an additional term. No annexation shall be considered by the Governing Body following such expiration, unless this policy is readopted.

SECTION TEN: The Governing Body reserves the right to deviate from any policy, but not any procedure, set forth in this Resolution when it considers such action to be of exceptional benefit to the City or extraordinary circumstances prevail that are in the best interests of the City.

SECTION ELEVEN: Resolution No. 17-1090 is hereby repealed.

SECTION TWELVE: This Resolution shall take effect on January 1, 2020.

ADOPTED by the Council this 17th day of December, 2019.

SIGNED by the Mayor this 17th day of December, 2019.

ATTEST:

/s/ Emily Vincent

City Clerk

(SEAL)

APPROVED AS TO FORM:

/s/ Ronald R. Shaver

City Attorney