FOR IMMEDIATE RELEASE
Nov. 29, 2007
ANNEXATION: COUNCIL SUPPORTS FAMILY EXEMPTION FOR EXCISE TAX
The City Council Wednesday night adopted an ordinance that would allow for certain excise tax exemptions for landowners in an area proposed to be annexed.
Councilmembers also adopted answers to 15 questions submitted by Johnson County officials regarding annexation, including franchise fees; an agreement with Fire District No. 2; keeping of dogs, cats and farm animals; permitted uses on property; storage of items; and more.
“We adopted an ordinance on the excise tax that is clearly the result of dialogue the City has had with property owners in the proposed annexed area,” said Mayor Carl Gerlach. “We are continuing to have that dialogue.
“As we did with the 2002 annexation, and as we are doing now, we have always talked with property owners. Whether individually or at our public meetings, we have asked for input and made changes,” Gerlach said. “I will continue to talk to people.”
Wednesday’s action is the seventh ordinance the Council has agreed to adopt regarding the proposed annexation. All ordinances would be enacted if the annexation is approved by the County Commission.
The action means immediate family members may sell or give a gift of land in a single division of a lot or parcel to another family member and may qualify for an exemption from the excise tax. There are certain provisions that have to be met.
Immediate family member includes a spouse, child by blood or adoption, parent, grandparent or sibling of the property owner.
The other six ordinances would have the effect of suspending the application of certain city ordinances and allow for existing County zoning regulations to control land use and activities on the land.
Some of the effects these ordinances would:
- Allow property to retain its current county zoning classification until a request is made by a property owner or until a designated agent of the owner applies for and receives rezoning approval from the city.
- Permit a certain number of dogs and cats can be kept on property less and more than 20 acres. By incorporating the regulations by reference, the city would permit an aggregate total of up to four adult dogs or cats as an accessory use, and up to seven adult dogs or cats as an accessory use on property in excess of 20 acres. If residents want to keep more than the allotted number of dogs and cats, they can apply for a special use permit as current Overland Park residents do. Those with kennels are allowed to keep dogs and cats in greater numbers in accordance with terms of a conditional use permit.
- Current outside storage of items like inoperable vehicles, boats, RVs and other items will remain in place as currently permitted by the County under its zoning designation.
- Keeping of livestock, including chickens, turkeys and cattle. If any property owner, who is in compliance with current county zoning designations has such animals, they would be able to keep and replace. If cattle are moved to another pasture outside the proposed annexed area for winter or spring grass, they can be brought back.
Public comments regarding Overland Park’s annexation proposal are being accepted through Feb. 15. No date has been set by the County Commission to render a final decision.
The annexation area is south of the city’s current boundaries along Lackman Road on the west and U.S. Highway 69 on the east to an east-west line approximately one-half mile south of 199th street, as shown on the attached map.
The full questions and answers, including the latest ordinance, will be posted on the City’s Web site (www.opkansas.org) on Monday.
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Contact: Mayor Carl Gerlach, 913/895-6104; John Nachbar, City Manager, 913/895-6101; and Sean Reilly, communications manager, 913/895-6109.
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