Title
Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute a Facilities Agreement for Lots 1 and 2, Block A, McKinney Bluff Addition, Located in the Extraterritorial Jurisdiction (ETJ) of McKinney, Texas, that is Situated on Farm to Market Road 1827 approximately 600 Linear Feet north of Surrey Estates Road.
Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
(1C: Provide a strong city economy by facilitating a balance between industrial, commercial, residential and open space)
MEETING DATE: February 21, 2023
DEPARTMENT: Engineering
CONTACT: Matt Richardson, P.E., Development Engineering Manager
Gary Graham, P.E., Director of Engineering
RECOMMENDED CITY COUNCIL ACTION:
• Approval of the proposed facilities agreement.
ITEM SUMMARY:
• The applicant is proposing to plat an existing 5.186 acre tract within the City of McKinney’s Extraterritorial Jurisdiction (ETJ) as two lots. The City has the authority to regulate platting within the ETJ in accordance with Chapter 212 of the Texas Local Government Code and Chapter 150 of the City of McKinney Code of Ordinances.
• Provision of adequate infrastructure, including roadway, water, sewer, and drainage systems, is a critical component of subdivision regulations and is highly dependent on land use. Determinations regarding these systems cannot be made without consideration of land use. Within city limits, the zoning ordinance provides the framework for making these determinations.
• Chapter 212 does not authorize the City to regulate land use within the ETJ; however, it does authorize the City to enter into a Development Agreement with a property owner regarding the provision of infrastructure and land use, among other standards.
• The applicant has indicated to Staff the desire to not construct public improvements associated with the property and required by Chapter 150 of the Code of Ordinances. This agreement would relieve or defer the public improvements that exceed the amount that is roughly proportional to the proposed development on the subject property, including:
o The requirement to construct a minimum twenty-four foot (24’) wide concrete and gutter pavement section for Farm to Market Road 1827, including the associated street lighting, sidewalks, underground drainage systems, and other appurtenances; and
o The requirement to construct on-site and, if necessary off-site, underground storm drainage facilities to capture storm water drainage upon and across the Property; and
o The requirement to construct a minimum 16-inch diameter water line along Farm to Market Road 1827, including approximately four (4) miles of offsite 16-inch minimum diameter water line and appurtenances capable of supplying adequate domestic and fire flow to through the Property from the nearest City of McKinney water line; and
o The requirement to construct a minimum 8-inch diameter sanitary sewer line to the Property together with approximately three (3) miles of offsite 15-inch to 30-inch minimum diameter sanitary sewer lines capable of serving the property.
• The City conditionally agrees to grant variances to the above requirements provided that the applicant agrees to certain additional requirements. This agreement establishes these requirements, including:
o The use of Lots 1 and 2, Block A shall be limited to a combined 12,000 square foot of warehouse or office or flexible warehouse building(s) for light industrial type uses. The use of the Property shall otherwise conform to the requirements allowed in the L1 Light Industrial District as identified in Article 2, Section 204S of the Unified Development Code of the City of McKinney, Texas, as codified in Chapter 150 of the City’s Code of Ordinance, except for uses which traditionally accommodate the public and/or create high traffic volumes, such exceptions being identified in the agreement.
o The proposed plat shall dedicate easements and rights-of-way for future public infrastructure complying with Chapter 150 of the Code of Ordinances.
• If, in the future, the property is further subdivided or replatted, or the use of the property is altered from the use identified in the agreement, then the relief or deferrals allowed by the agreement shall terminate.
BACKGROUND INFORMATION:
• The Final Plat, Case No. PLAT2022-0259 and Agenda Item No. 22-0259FP, was previously approved with conditions on January 10, 2023. One of the required conditions was the approval of this Facilities Agreement.
FINANCIAL SUMMARY:
• N/A
BOARD OR COMMISSION RECOMMENDATION:
• N/A