- ANNEXATION STANDARDS1
Editor's note— Ord. No. 2, 2020, § 7(Exh. E), adopted January 28, 2020, repealed and reenacted Article 20 in its entirety to read as herein set out. Formerly, Article 20, Sections 20.1—20.3 pertained to similar subject matter, and derived from original codification.
The purpose of this Article is to establish a procedure and criteria for annexation of unincorporated Caddo Parish territory to the City of Shreveport, specifically to:
A.
Protect the public health, safety, and welfare by establishing standards for annexation of land into the City.
B.
To manage the fiscal impacts of annexation.
C.
Preserve, protect, and enhance the character of residential neighborhoods.
D.
Strengthen the City's economic resources.
E.
Ensure that annexed land is adequately served by essential public facilities and services, including water facilities, wastewater facilities, drainage facilities, and transportation facilities.
(Ord. No. 2, 2020, § 7(Exh. E), 1-28-20)
The provisions of La. R.S. 33:171 et seq., as amended, shall be complied with in all annexation proceedings.
(Ord. No. 2, 2020, § 7(Exh. E), 1-28-20)
A.
Initiation
The City of Shreveport may initiate an annexation or an annexation may be requested by a property owner(s). When an annexation is requested, an annexation application must be filed with the Executive Director on forms maintained by the Office of the MPC. Once it is determined that the application is complete, the Executive Director will forward the application accordingly for consideration. Annexations of less than five acres shall be handled administratively by the Executive Director. Annexations of five acres or more shall be forwarded to the Metropolitan Planning Commission.
B.
Action by the Executive Director
1.
The Executive Director shall consider a proposed annexation of less than five acres.
2.
The Executive Director must evaluate the application based upon the evidence presented in the application, pursuant to the approval standards of this Article and shall recommend approval, recommend approval with conditions, or recommend denial of the annexation.
3.
The Executive Director must forward his or her recommendation to the City Council.
C.
Action by Metropolitan Planning Commission
1.
The Metropolitan Planning Commission shall consider a proposed annexation at a public hearing for annexations of five acres or more.
2.
Following the close of the public hearing, the Metropolitan Planning Commission must forward its recommendation to the City Council.
3.
The Metropolitan Planning Commission must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this Article and recommend approval, recommend approval with conditions, or recommend denial of the annexation.
D.
Action by the City's Engineering Department
Once a petition attached to an application for annexation has been recommended by the Metropolitan Planning Commission, the City's Engineering Department shall prepare an annexation ordinance for presentation to the City Council.
1.
When property proposed for annexation contains either registered voters or resident property owners, the Office of the MPC shall cause a notice of the filing for annexation of said property to be published in the official journal of the City. This notice shall be published not less than 30 days before the petition is filed with the tax assessor and registrar of voters pursuant to Subsection 5. of this Subsection. The notice shall indicate that any addition or withdrawal of signatures to the petition shall be in writing and filed with the Office of the MPC within 30 days of publication of the notice in the official journal.
2.
When notice of an annexation is required to be given pursuant to Subsection 1. above, any additions or withdrawals of signatures to the petitions shall be in writing and filed with the Office of the MPC within 30 days of the first day of publication of the notice in the official journal of the City. The Office of the MPC shall make a notation next to any name on the petition which has been withdrawn.
3.
When a property proposed to be annexed does not contain any registered voters or resident property owners, the requirements of Subsections 1. and 2. above shall not apply.
4.
If the City's Engineering Department determines that the statutory requirements have been met, the City Engineer, or his or her designee, shall file a map and description of the property and a copy of the petition containing, if applicable, notations of any withdrawals, with the tax assessor for certification and shall file the map, petition, and property description with the registrar of voters. The City Engineer, or his or her designee, shall request that the tax assessor and registrar of voters determine whether the petitions meet the applicable requirements for annexation pursuant to the laws of the state.
5.
After annexation documents have been filed with the tax assessor and the registrar of voters, no additions or withdrawals of signatures shall be accepted, either by the City Engineer or the Office of the MPC.
E.
Action by City Council
Upon receipt of the Metropolitan Planning Commission recommendation and the City's Engineering Department's annexation petition, map(s), description of the area and documents, including any additions or withdrawals of signatures which were filed timely, the City Council will act on the application. The City Council must take action by ordinance in the form of approval or denial of the annexation.
(Ord. No. 2, 2020, § 7(Exh. E), 1-28-20)
All annexations must meet the following standards:
A.
The proposed annexation is in compliance with state law.
B.
The proposed annexation and parcel configuration must be consistent with the Master Plan. This includes evaluation of whether the area is identified by the Master Plan as desired or intended for annexation.
C.
The parcels proposed for annexation must be contiguous to parcels located in the City.
D.
The annexation reflects any annexation or service extension policy of the City.
E.
The annexation will not adversely affect the planned development pace of growth or redevelopment in other areas of the City as indicated in the Master Plan.
F.
The proposed annexation supports the planned capital improvement policy such that public transportation and utility services are in place or planned to be in place to accommodate the development pace of the land under consideration.
G.
Public services and utilities must be provided:
1.
Improvements must be constructed and accepted prior to issuance of building permits or sewer connections.
2.
All streets must meet City street standards, including right-of-way and access standards of Article 12, unless otherwise exempted by the City Engineer.
3.
The lots must be connected to the City's sanitary sewer system or able to be connected to the City's sewer to the satisfaction of the Director of Water and Sewerage.
4.
The City taxpayer is not burdened with paying for additional services for newly annexed lands as demonstrated in a fiscal impact analysis.
H.
The annexation yields a fiscal benefit to the City.
I.
The proposed land use and related densities or intensities of development reflect the Master Plan.
J.
All lots to be annexed must meet the minimum lot size of this Code. Single developed properties that meet all other annexation policies, with the exception of minimum lot size requirements, may be considered for annexation.
(Ord. No. 2, 2020, § 7(Exh. E), 1-28-20; Ord. No. 95, 2021, § 21, 7-13-21)
A.
Initiation
Any abutting property owner, seeking the consent of the Shreveport City Council to abandon, vacate or close any public right-of-way or easement (or portion thereof), including, but not limited to streets, avenues, alleys, drainage rights-of-way or easements, or other municipal or public easement within the City of Shreveport, shall file a written petition with the City's Property Management office requesting that public right-of-way or easement (or portion thereof) be abandoned, vacated and closed.
1.
The petition shall be signed by 66.666% of the property owners of the area to be affected by the closure and abandonment request, shall be part of the application submittal.
2.
The petition must be accompanied by a boundary survey drawing with legal description, showing the public right-of-way or easement (or portion thereof) sought to be abandoned, vacated and closed. Drawn to a scale of not less than one inch equals 50 feet, the drawing shall include the area, both in square footage and in acreage of the public right-of-way or easement (or portion thereof) sought to be abandoned. Property Management may waive this requirement when, in their determination, a recorded plat contains sufficient evidence to determine the legal description and area of property to be abandoned, vacated and closed.
3.
Petitions for closure and abandonment are processed through the City's Property Management office, where staff will work with petitioners to ensure that the proper format and notification to affected parties is followed.
4.
Once the proper petitions and forms are received, Property Management will prepare an ordinance package and submit to the Office of the MPC. Included in ordinance package will be Property Management's recommendation, indicating their desire on whether or not the City should undertake the closure and abandon action requested in the petition.
5.
The City of Shreveport, through Property Management, may also initiate a request to abandon, vacate or close any public right-of-way or easement (or portion thereof) by submitting an ordinance package to the Office of the MPC.
C.
Action by the Executive Director
1.
Upon the receipt of all documentation required by this Section, the Executive Director, or his designee, shall forward copies of the ordinance package to, and request comments and recommendations from, the City Attorney, Department of Public Works, Engineering Department, Fire, Police, Water and Sewer and any other City department or public utility company that would be affected by the approval of the request. In making such recommendations, each department and/or office shall give due consideration to:
a.
The present use or nonuse of the public right-of-way or easement, or portion thereof, sought to be closed (Public Works, Engineering, Public Utility Companies, LaDOT);
b.
Traffic and drainage patterns in the area (Public Works, Streets and Drainage, LaDOT);
c.
Proximity of other public right-of-way or easements, or portions thereof (Public Works, Streets and Drainage, LaDOT);
d.
Major and minor thoroughfares in the area (Public Works, Streets and Drainage, LaDOT);
e.
The City's master plans (MPC);
f.
The effect of the proposed abandonment on access by fire and other emergency vehicles, and other City service vehicles, to adjacent properties (Police Department, Fire Department); and
g.
The location of existing City water and sewer lines and storm water facilities and future extensions thereto which may be impacted by the abandonment, vacating or closing of such public right-of-way or easement, or portion thereof (Public Works, Water and Sewer).
2.
The Executive Director must evaluate the request based upon the evidence presented in the ordinance package, pursuant to the approval standards of this Article and shall recommend approval, recommend approval with conditions, or recommend denial of the closure and abandonment.
3.
The Executive Director must forward his or her recommendation to the Metropolitan Planning Commission.
D.
Action by Metropolitan Planning Commission
1.
The Metropolitan Planning Commission shall consider the proposed closure and abandonment at a public hearing.
2.
The Metropolitan Planning Commission must evaluate the request based upon the evidence presented at the public hearing, pursuant to the approval standards of this Code and recommend approval, recommend approval with conditions, or recommend denial of the closure and abandonment.
3.
Following the close of the public hearing, the Metropolitan Planning Commission must forward its recommendation to the [City Council/Parish Commission].
E.
Action by City Council
Upon receipt of the Metropolitan Planning Commission recommendation, the City Council will act on the request. The City Council must take action in the form of approval, approval with conditions, or denial of the request to abandon, vacate and close the public right-of-way or easement (or portion thereof) described in the petition filed under this Article.
(Ord. No. 2, 2020, § 7(Exh. E), 1-28-20; Ord. No. 114, 2020, § 25(Exh. F), 9-8-20)
- ANNEXATION STANDARDS1
Editor's note— Ord. No. 2, 2020, § 7(Exh. E), adopted January 28, 2020, repealed and reenacted Article 20 in its entirety to read as herein set out. Formerly, Article 20, Sections 20.1—20.3 pertained to similar subject matter, and derived from original codification.
The purpose of this Article is to establish a procedure and criteria for annexation of unincorporated Caddo Parish territory to the City of Shreveport, specifically to:
A.
Protect the public health, safety, and welfare by establishing standards for annexation of land into the City.
B.
To manage the fiscal impacts of annexation.
C.
Preserve, protect, and enhance the character of residential neighborhoods.
D.
Strengthen the City's economic resources.
E.
Ensure that annexed land is adequately served by essential public facilities and services, including water facilities, wastewater facilities, drainage facilities, and transportation facilities.
(Ord. No. 2, 2020, § 7(Exh. E), 1-28-20)
The provisions of La. R.S. 33:171 et seq., as amended, shall be complied with in all annexation proceedings.
(Ord. No. 2, 2020, § 7(Exh. E), 1-28-20)
A.
Initiation
The City of Shreveport may initiate an annexation or an annexation may be requested by a property owner(s). When an annexation is requested, an annexation application must be filed with the Executive Director on forms maintained by the Office of the MPC. Once it is determined that the application is complete, the Executive Director will forward the application accordingly for consideration. Annexations of less than five acres shall be handled administratively by the Executive Director. Annexations of five acres or more shall be forwarded to the Metropolitan Planning Commission.
B.
Action by the Executive Director
1.
The Executive Director shall consider a proposed annexation of less than five acres.
2.
The Executive Director must evaluate the application based upon the evidence presented in the application, pursuant to the approval standards of this Article and shall recommend approval, recommend approval with conditions, or recommend denial of the annexation.
3.
The Executive Director must forward his or her recommendation to the City Council.
C.
Action by Metropolitan Planning Commission
1.
The Metropolitan Planning Commission shall consider a proposed annexation at a public hearing for annexations of five acres or more.
2.
Following the close of the public hearing, the Metropolitan Planning Commission must forward its recommendation to the City Council.
3.
The Metropolitan Planning Commission must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this Article and recommend approval, recommend approval with conditions, or recommend denial of the annexation.
D.
Action by the City's Engineering Department
Once a petition attached to an application for annexation has been recommended by the Metropolitan Planning Commission, the City's Engineering Department shall prepare an annexation ordinance for presentation to the City Council.
1.
When property proposed for annexation contains either registered voters or resident property owners, the Office of the MPC shall cause a notice of the filing for annexation of said property to be published in the official journal of the City. This notice shall be published not less than 30 days before the petition is filed with the tax assessor and registrar of voters pursuant to Subsection 5. of this Subsection. The notice shall indicate that any addition or withdrawal of signatures to the petition shall be in writing and filed with the Office of the MPC within 30 days of publication of the notice in the official journal.
2.
When notice of an annexation is required to be given pursuant to Subsection 1. above, any additions or withdrawals of signatures to the petitions shall be in writing and filed with the Office of the MPC within 30 days of the first day of publication of the notice in the official journal of the City. The Office of the MPC shall make a notation next to any name on the petition which has been withdrawn.
3.
When a property proposed to be annexed does not contain any registered voters or resident property owners, the requirements of Subsections 1. and 2. above shall not apply.
4.
If the City's Engineering Department determines that the statutory requirements have been met, the City Engineer, or his or her designee, shall file a map and description of the property and a copy of the petition containing, if applicable, notations of any withdrawals, with the tax assessor for certification and shall file the map, petition, and property description with the registrar of voters. The City Engineer, or his or her designee, shall request that the tax assessor and registrar of voters determine whether the petitions meet the applicable requirements for annexation pursuant to the laws of the state.
5.
After annexation documents have been filed with the tax assessor and the registrar of voters, no additions or withdrawals of signatures shall be accepted, either by the City Engineer or the Office of the MPC.
E.
Action by City Council
Upon receipt of the Metropolitan Planning Commission recommendation and the City's Engineering Department's annexation petition, map(s), description of the area and documents, including any additions or withdrawals of signatures which were filed timely, the City Council will act on the application. The City Council must take action by ordinance in the form of approval or denial of the annexation.
(Ord. No. 2, 2020, § 7(Exh. E), 1-28-20)
All annexations must meet the following standards:
A.
The proposed annexation is in compliance with state law.
B.
The proposed annexation and parcel configuration must be consistent with the Master Plan. This includes evaluation of whether the area is identified by the Master Plan as desired or intended for annexation.
C.
The parcels proposed for annexation must be contiguous to parcels located in the City.
D.
The annexation reflects any annexation or service extension policy of the City.
E.
The annexation will not adversely affect the planned development pace of growth or redevelopment in other areas of the City as indicated in the Master Plan.
F.
The proposed annexation supports the planned capital improvement policy such that public transportation and utility services are in place or planned to be in place to accommodate the development pace of the land under consideration.
G.
Public services and utilities must be provided:
1.
Improvements must be constructed and accepted prior to issuance of building permits or sewer connections.
2.
All streets must meet City street standards, including right-of-way and access standards of Article 12, unless otherwise exempted by the City Engineer.
3.
The lots must be connected to the City's sanitary sewer system or able to be connected to the City's sewer to the satisfaction of the Director of Water and Sewerage.
4.
The City taxpayer is not burdened with paying for additional services for newly annexed lands as demonstrated in a fiscal impact analysis.
H.
The annexation yields a fiscal benefit to the City.
I.
The proposed land use and related densities or intensities of development reflect the Master Plan.
J.
All lots to be annexed must meet the minimum lot size of this Code. Single developed properties that meet all other annexation policies, with the exception of minimum lot size requirements, may be considered for annexation.
(Ord. No. 2, 2020, § 7(Exh. E), 1-28-20; Ord. No. 95, 2021, § 21, 7-13-21)
A.
Initiation
Any abutting property owner, seeking the consent of the Shreveport City Council to abandon, vacate or close any public right-of-way or easement (or portion thereof), including, but not limited to streets, avenues, alleys, drainage rights-of-way or easements, or other municipal or public easement within the City of Shreveport, shall file a written petition with the City's Property Management office requesting that public right-of-way or easement (or portion thereof) be abandoned, vacated and closed.
1.
The petition shall be signed by 66.666% of the property owners of the area to be affected by the closure and abandonment request, shall be part of the application submittal.
2.
The petition must be accompanied by a boundary survey drawing with legal description, showing the public right-of-way or easement (or portion thereof) sought to be abandoned, vacated and closed. Drawn to a scale of not less than one inch equals 50 feet, the drawing shall include the area, both in square footage and in acreage of the public right-of-way or easement (or portion thereof) sought to be abandoned. Property Management may waive this requirement when, in their determination, a recorded plat contains sufficient evidence to determine the legal description and area of property to be abandoned, vacated and closed.
3.
Petitions for closure and abandonment are processed through the City's Property Management office, where staff will work with petitioners to ensure that the proper format and notification to affected parties is followed.
4.
Once the proper petitions and forms are received, Property Management will prepare an ordinance package and submit to the Office of the MPC. Included in ordinance package will be Property Management's recommendation, indicating their desire on whether or not the City should undertake the closure and abandon action requested in the petition.
5.
The City of Shreveport, through Property Management, may also initiate a request to abandon, vacate or close any public right-of-way or easement (or portion thereof) by submitting an ordinance package to the Office of the MPC.
C.
Action by the Executive Director
1.
Upon the receipt of all documentation required by this Section, the Executive Director, or his designee, shall forward copies of the ordinance package to, and request comments and recommendations from, the City Attorney, Department of Public Works, Engineering Department, Fire, Police, Water and Sewer and any other City department or public utility company that would be affected by the approval of the request. In making such recommendations, each department and/or office shall give due consideration to:
a.
The present use or nonuse of the public right-of-way or easement, or portion thereof, sought to be closed (Public Works, Engineering, Public Utility Companies, LaDOT);
b.
Traffic and drainage patterns in the area (Public Works, Streets and Drainage, LaDOT);
c.
Proximity of other public right-of-way or easements, or portions thereof (Public Works, Streets and Drainage, LaDOT);
d.
Major and minor thoroughfares in the area (Public Works, Streets and Drainage, LaDOT);
e.
The City's master plans (MPC);
f.
The effect of the proposed abandonment on access by fire and other emergency vehicles, and other City service vehicles, to adjacent properties (Police Department, Fire Department); and
g.
The location of existing City water and sewer lines and storm water facilities and future extensions thereto which may be impacted by the abandonment, vacating or closing of such public right-of-way or easement, or portion thereof (Public Works, Water and Sewer).
2.
The Executive Director must evaluate the request based upon the evidence presented in the ordinance package, pursuant to the approval standards of this Article and shall recommend approval, recommend approval with conditions, or recommend denial of the closure and abandonment.
3.
The Executive Director must forward his or her recommendation to the Metropolitan Planning Commission.
D.
Action by Metropolitan Planning Commission
1.
The Metropolitan Planning Commission shall consider the proposed closure and abandonment at a public hearing.
2.
The Metropolitan Planning Commission must evaluate the request based upon the evidence presented at the public hearing, pursuant to the approval standards of this Code and recommend approval, recommend approval with conditions, or recommend denial of the closure and abandonment.
3.
Following the close of the public hearing, the Metropolitan Planning Commission must forward its recommendation to the [City Council/Parish Commission].
E.
Action by City Council
Upon receipt of the Metropolitan Planning Commission recommendation, the City Council will act on the request. The City Council must take action in the form of approval, approval with conditions, or denial of the request to abandon, vacate and close the public right-of-way or easement (or portion thereof) described in the petition filed under this Article.
(Ord. No. 2, 2020, § 7(Exh. E), 1-28-20; Ord. No. 114, 2020, § 25(Exh. F), 9-8-20)